51–800 

[COMMITTEE PRINT] S. PRT. 111–30 

UNITED STATES CODE 

Title 44 

PUBLIC PRINTING AND DOCUMENTS 

And Miscellaneous Statutes 

Identifying the Authority 

of the 

JOINT COMMITTEE ON PRINTING 

2010 EDITION 

For the use of the Joint Committee on Printing 


congress.#13
[COMMITTEE PRINT] S. PRT. 111–30 

UNITED STATES CODE 

Title 44 

PUBLIC PRINTING AND DOCUMENTS 

And Miscellaneous Statutes 

Identifying the Authority 

of the 

JOINT COMMITTEE ON PRINTING 

2010 EDITION 

For the use of the Joint Committee on Printing 

51–800 

(II) 

PRINTED UNDER THE DIRECTION

OF THE

JOINT COMMITTEE ON PRINTING

SENATE HOUSE

CHARLES E. SCHUMER, New York 

Chairman 

PATTY MURRAY, Washington 

TOM UDALL, New Mexico 

ROBERT F. BENNETT, Utah 

SAXBY CHAMBLISS, Georgia 

ROBERT A. BRADY, Pennsylvania 

Vice Chairman 

MICHAEL E. CAPUANO, Massachusetts 

SUSAN A. DAVIS, California 

DANIEL E. LUNGREN, California 

Ranking Minority Member 

KEVIN MCCARTHY, California 

(III) 

TABLE OF CONTENTS 

Title 44, Public Printing and Documents .............................................................. 1 

MISCELLANEOUS STATUTES

Title 1, Chap. 2, Sec. 101-114, Acts and Resolutions, Statutes at Large, 

TIAS ...................................................................................................................... 157 

Title 1, Chap. 3, Sec. 201-213, Code of Laws of United States and Supplements ..................................................................................................................... 166 

Title 2, Chap. 2, Sec. 28-29, Precedents of House of Representatives ................ 170 

Title 2, Chap. 3, Sec. 54-56, Annotated United States Code ................................ 172 

Title 2, Chap. 4, Sec. 103-110, Semiannual Statements of Expenditures by 

Secretary of Senate, Report of Disbursements for House of Representatives, 

Stationery ............................................................................................................. 172 

Title 2, Chap. 4, Sec. 114-117, Senate Journal, House Daily Calendar, Sale 

of Waste Paper ..................................................................................................... 177 

Title 2, Chap. 5, Sec. 168, Constitution of the United States Annotated ........... 178 

Title 2, Chap. 5, Sec. 180-181, Legislative Information Retrieval System ......... 179 

Title 2, Chap. 5, Sec. 183, Written History of the House of Representatives ..... 179 

Title 2, Chap. 9a, Sec. 285, Office of Law Revision Counsel ................................ 180 

Title 2, Chap. 29, Sec. 1910, Capitol Police Report of Disbursements ................ 181 

Title 2, Chap. 30, Sec. 2104, List of Works of Art in Senate ............................... 181 

Title 4, Chap. 5, Sec. 145, Official Territorial Papers .......................................... 183 

Title 15, Chap. 21, Sec. 1025, Economic Indicators .............................................. 184 

Title 16, Chap. 12, Sec. 824, Federal Regulation and Development of Power .... 185 

Title 20, Chap. 26, Sec. 954, National Endowment for the Arts ......................... 187 

Title 28, Chap. 19, Sec. 411, Supreme Court Reports .......................................... 189 

Title 28, Chap. 31, Sec. 521, Publication and Distribution of Opinions .............. 189 

Title 33, Chap. 15, Sec. 701, Flood Control ........................................................... 190 

Title 36, Chap. 101, Patriotic Organizations ......................................................... 192 

Title 40, Chap. 1, Sec. 101, Federal Property ....................................................... 193 

Laws and Rules for Publication of the Congressional Record .............................. 197 

1 CFR Ch. 1, Part 9, U.S. Government Manual ................................................... 198 

1 CFR Ch. 1, Part 10, Presidential Papers ............................................................ 199 

Page 1 

TITLE 44—PUBLIC PRINTING AND DOCUMENTS 

This title was enacted by Pub. L. 90–620, §1, Oct. 22, 1968, 82 Stat. 1238 

Chap. Sec. 

1. Joint Committee on Printing ........... 101 

3. Government Printing Office ............ 301 

5. Production and Procurement of 

Printing and Binding ..................... 501 

7. Congressional Printing and Binding ........................................................ 701 

9. Congressional Record ........................ 901 

11. Executive and Judiciary Printing 

and Binding ...................................... 1101 

13. Particular Reports and Documents 1301 

15. Federal Register and Code of Federal Regulations ............................... 1501 

17. Distribution and Sale of Public 

Documents ......................................... 1701 

19. Depository Library Program ........... 1901 

21. National Archives and Records Administration ...................................... 2101 

22. Presidential Records .......................... 2201 

23. National Archives Trust Fund 

Board .................................................. 2301 

25. National Historical Publications 

and Records Commission .............. 2501 

27. Advisory Committee on the Records of Congress .............................. 2701 

29. Records Management by the Archivist of the United States and by 

the Administrator of General 

Services .............................................. 2901 

31. Records Management by Federal 

Agencies ............................................. 3101 

33. Disposal of Records ............................ 3301 

35. Coordination of Federal Information Policy ......................................... 3501 

36. Management and Promotion of 

Electronic Government Services 3601 

37. Advertisements by Government 

Agencies ............................................. 3701 

39. Government Printing Office: Office 

of Inspector General ....................... 3901 

41. Access to Federal Electronic Information ................................................. 4101 

AMENDMENTS

2002—Pub. L. 107–347, title I, §101(b), Dec. 17, 2002, 116 

Stat. 2910, added item 36. 

1993—Pub. L. 103–40, §2(b), June 8, 1993, 107 Stat. 113, 

added item 41. 

1990—Pub. L. 101–509, title IV, §1(d)(2), Nov. 5, 1990, 104 

Stat. 1419, added item 27. 

1988—Pub. L. 100–504, title II, §204, Oct. 18, 1988, 102 

Stat. 2531, added item 39. 

1984—Pub. L. 98–497, title I, §§102(c)(2), 107(b)(18)(B), 

Oct. 19, 1984, 98 Stat. 2283, 2290, substituted ‘‘National 

Archives and Records Administration’’ for ‘‘Archival 

Administration’’ in item 21, and inserted ‘‘the Archivist of the United States and by the’’ in item 29. 

1980—Pub. L. 96–511, §2(b), Dec. 11, 1980, 94 Stat. 2825, 

substituted ‘‘Information Policy’’ for ‘‘Reporting Services’’ in item 35. 

1978—Pub. L. 95–591, §2(b)(1), Nov. 4, 1978, 92 Stat. 2528, 

added item 22. 

Pub. L. 95–378, §2(b), Sept. 22, 1978, 92 Stat. 723, struck 

out item 27 ‘‘Federal Records Council’’. 

1974—Pub. L. 93–536, §2, Dec. 22, 1974, 88 Stat. 1735, 

substituted ‘‘National Historical Publications and 

Records Commission’’ for ‘‘National Historical Publications Commission’’ in item 25. 

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF

FORMER TITLE 44 

Title 44 Former Sections Title 44 New Sections 

1 .......................................... 101 

2 .......................................... 102 

4 .......................................... 103 

5 .......................................... 509 

6 .......................................... 510 

7 .......................................... 511 

8 .......................................... 512 

9 .......................................... 513 

10 ........................................ 514 

11 ........................................ 515 

12 ........................................ 516 

13 ........................................ 517 

14 ........................................ 504 

15, 16 ................................... Rep. 

31 ........................................ 301 

32 ........................................ 304 

33–35 .................................... Rep. 

36 ........................................ 508 

37, 38 ................................... Rep. 

39 ........................................ 302 

39a ...................................... 303 

40 ........................................ 305 

41 ........................................ 306 

42 ........................................ 307 

43–46 .................................... Rep. 

47 ........................................ 316 

48 ........................................ Elim. 

49 ........................................ 313 

50, 51 ................................... Rep. 

51a ...................................... Elim. 

52 ........................................ Elim. 

52a ...................................... 308 

53 ........................................ T. 18 §442 

54–57 .................................... Rep. 

58 ........................................ 505 

59 ........................................ 312 

60 ........................................ Rep. 

61 ........................................ 315 

62 ........................................ 314 

63 ........................................ 309 

63a ...................................... 309 

64 ........................................ 311 

71 ........................................ 1702 

72 ........................................ 1705 

72a ...................................... 1708 

73 ........................................ 308, 1702 

74 ........................................ 1703 

75 ........................................ 1704 

76 ........................................ 1710 

77 ........................................ 1711 

78 ........................................ 1720 

79 ........................................ 1707 

80 ........................................ 1713 

81 ........................................ 1712 

81a ...................................... 1901 

81b ...................................... 1902 

81c ....................................... 1914 

82 ........................................ 1905 

83 ........................................ 1904 

84 ........................................ 1910 

84a ...................................... 1912 

85 ........................................ 1903, 1906 

85a ...................................... 1913 

86 ........................................ 1909 

87 ........................................ 1907 

87a ...................................... Rep. 

88 ........................................ 1908 

TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 2 

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF

FORMER TITLE 44—Continued 

Title 44 

Former Sections Title 44 New Sections 

89 ........................................ Elim. 

90 ........................................ Rep. 

91 ........................................ 1717 

91a ...................................... 1716 

92 ........................................ 1119, 1911 

93 ........................................ 1721 

94 ........................................ 1709 

95 ........................................ 1701 

96 ........................................ 1722 

111 ....................................... 501 

111a ..................................... 502 

111b ..................................... 503 

111c ..................................... Elim. 

112, 113 ................................ Rep. 

114 ....................................... 1706 

115 ....................................... 506, 507 

116 ....................................... 501, 1123 

117 ....................................... 1103 

118 ....................................... 1104 

119 ....................................... 1120 

120 ....................................... Elim. 

121 ....................................... 1111 

131 ....................................... 701 

132 ....................................... 702 

133 ....................................... 703 

134 ....................................... 702 

135 ....................................... 705 

136 ....................................... 714 

137 ....................................... 704 

138 ....................................... 715 

139 ....................................... 1718 

139a ..................................... 1719 

140 ....................................... 716 

141 ....................................... 718 

142 ....................................... 719 

143 ....................................... 738 

144 ....................................... 717 

145 ....................................... Elim. 

146 ....................................... 734 

147 ....................................... 713 

148 ....................................... 720 

149 ....................................... 721 

150 ....................................... 722 

151 ....................................... 723 

152 ....................................... 724 

153 ....................................... 725 

154 ....................................... 726 

155 ....................................... 727 

156 ....................................... 1326 

157 ....................................... 730 

158 ....................................... 731 

159 ....................................... 732 

160 ....................................... 735 

161 ....................................... 736 

162 ....................................... 733 

163 ....................................... 908 

164 ....................................... Rep. 

165 ....................................... 739 

166 ....................................... 740 

167 ....................................... 741 

168 ....................................... 737 

169 ....................................... Elim. 

170 ....................................... 1333 

181 ....................................... 901 

182 ....................................... 902 

182a ..................................... 903 

182b ..................................... 904 

182c ..................................... 905 

183 ....................................... 906 

184 ....................................... Rep. 

185 ....................................... 907 

186 ....................................... Rep. 

187 ....................................... 909 

188 ....................................... 910 

189 ....................................... 706 

189a ..................................... 707 

190 ....................................... 708 

191 ....................................... 709 

191a ..................................... 710 

192 ....................................... 711 

193 ....................................... 712 

194–196 ................................. Rep. 

196a ..................................... 728 

197 ....................................... 729 

211 ....................................... 1101 

212 (1st sent.) ...................... 1115 

212 (2d sent.) ....................... 1114 

213 (1st par.) ........................ 1102 

213 (2d par., 1st sent.) .......... 1116 

213 (2d par., 2d sent., 1st cl.) 1302 

213 (2d par., 2d, 3d sents.) .... 1308–1310, 1336 

213 (3d par.) ......................... 1116 

213a ..................................... 1117 

214 ....................................... 1107 

215 ....................................... 1110 

215a ..................................... 1714 

216 ....................................... 1105 

217 ....................................... 1715 

218 ....................................... 1106 

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF

FORMER TITLE 44—Continued 

Title 44 

Former Sections Title 44 New Sections 

219 ....................................... 1102, 1113 

219a ..................................... 1118 

220 ....................................... 1108 

221 ....................................... Rep. 

222 ....................................... 1112 

223 ....................................... Rep. 

224 ....................................... 1109 

225 ....................................... 1121 

226 ....................................... Rep. 

227 ....................................... 1122 

228, 229 ................................ Elim. 

230 ....................................... 310 

241 ....................................... 1301 

242 ....................................... Rep. 

243 ....................................... 1303 

244 ....................................... Rep. 

245 ....................................... 1304 

246 ....................................... 1307 

247 ....................................... Rep. 

248 ....................................... 1306 

249 ....................................... 1328 

250 ....................................... 1317 

251, 252 ................................ Rep. 

253 ....................................... 1313 

254 ....................................... 1314 

255, 256 ................................ Rep. 

257 ....................................... Elim. 

258 ....................................... 1315 

259 ....................................... 1316 

260 ....................................... 1318 

261 ....................................... 1319 

262 ....................................... 1320 

263 ....................................... 1312 

265 ....................................... 1321 

266 ....................................... 1322 

267 ....................................... Elim. 

268 ....................................... Rep. 

269 ....................................... 1323 

270 ....................................... 1324 

271 ....................................... 1325 

272 ....................................... 1327 

273 ....................................... 1329 

274 ....................................... Rep. 

275 ....................................... 1331 

275a ..................................... Rep. 

275b ..................................... 1332 

276 ....................................... Rep. 

276a ..................................... 1333 

277 ....................................... Rep. 

278 ....................................... 1334 

279 ....................................... 1335 

279a ..................................... Rep. 

280, 280a .............................. Rep. 

281, 282 ................................ Rep. 

283 ....................................... 1337 

283a ..................................... Rep. 

284 ....................................... 1338 

285 ....................................... 1339 

286, 287 ................................ Rep. 

288 ....................................... 1340 

289 ....................................... 1341 

290 ....................................... 1342 

291 ....................................... 1343 

292 ....................................... Elim. 

293, 294 ................................ Rep. 

295 ....................................... 1344 

296 ....................................... Rep. 

296a ..................................... 1305 

297 ....................................... 1311 

298 ....................................... 1330 

300–300f ................................ Rep. 

300f–1 ................................... Rep. 

300g, 300h ............................ Rep. 

300h–1 .................................. Rep. 

300i–300k ............................. Rep. 

300aa ................................... Rep. 

300bb ................................... 2301 

300cc ................................... 2305 

300dd ................................... 2306 

300ee ................................... 2307 

300ff .................................... 2303 

300gg ................................... 2308 

300hh ................................... 2302 

300ii .................................... 2304 

300jj .................................... Rep. 

301 ....................................... 1502 

302 ....................................... 1503 

303 ....................................... 1504 

304 ....................................... 1501 

305 ....................................... 1505 

306 ....................................... 1506 

307 ....................................... 1507 

308 ....................................... 1508 

309 ....................................... 1509 

310, 310a .............................. Rep. 

311 ....................................... 1510 

311a ..................................... Rep. 

312 ....................................... 1511 

313, 314 ................................ Rep. 

Page 3 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 101 

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF

FORMER TITLE 44—Continued 

Title 44 

Former Sections Title 44 New Sections 

321 ....................................... 3701 

322 ....................................... 3703 

323 ....................................... Rep. 

324 ....................................... 3702 

325 ....................................... 3703 

326 ....................................... Rep. 

351–365 ................................. Rep. 

366 ....................................... 3301 

367 ....................................... 3302 

368 ....................................... 3303 

369 ....................................... 3304 

370 ....................................... 3305 

371 ....................................... 3306 

372 ....................................... 3307 

373 ....................................... 3308 

374 ....................................... 3309 

375 ....................................... 3310 

376 ....................................... 3311 

377 ....................................... Rep. 

378 ....................................... 3312 

379 ....................................... 3313 

380 ....................................... 3314 

391 ....................................... 1506, 2108, 2301, 2501, 2902 

392 ....................................... 2903 

393(a) ................................... 2501 

393(b) ................................... 2502 

393(c) ................................... 2503 

393(d) ................................... 2504 

393(e) ................................... 2505 

393(f) ................................... 2504 nt. 

393(g) ................................... 2506 

393(h) .................................. 2507 

394 ....................................... 2701 

395(a) ................................... 2904 

395(b) ................................... 2905 

395(c) ................................... 2906 

395(d) ................................... 2907 

395(e) ................................... 2908 

395(f) ................................... 2909 

396(a) ................................... 3101 

396(b) ................................... 3102 

396(c) ................................... 3103 

396(d) ................................... 3104 

396(e) ................................... 3105 

396(f) ................................... 3106 

396(g) ................................... 3107 

396a ..................................... 2910 

397(a) ................................... 2103 

397(b) ................................... 2104 

397(c) ................................... 2105 

397(d) ................................... 2106 

397(e) ................................... 2107 

397(f) ................................... 2108 

397(g) ................................... Rep. 

397(h) .................................. 2109 

397(i) ................................... 2110 

397(j) ................................... 2101 

398 ....................................... 2111 

399 ....................................... 2112 

400 ....................................... 2113 

401 ....................................... 2901 

402 ....................................... 2114 

421 ....................................... 3501 

422(a) ................................... 3503 

422(b) ................................... 3504 

422(c) ................................... 3505 

422(d) ................................... 3506 

422(e) ................................... 3507 

423 ....................................... 3508 

424 ....................................... 3509 

425 ....................................... 3510 

426 ....................................... 3502 

427 ....................................... 3511 

ENACTING CLAUSE

Section 1 of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238, 

provided in part: ‘‘That the general and permanent 

laws relating to public printing and documents are revised, codified, and enacted as title 44, United States 

Code, ‘Public Printing and Documents’, and may be 

cited as ‘44 U.S.C. §ll’’’. 

LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS

Section 2(a) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 

1305, provided that: ‘‘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.’’ 

REFERENCES TO OTHER LAWS

Section 2(b) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 

1305, provided that: ‘‘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.’’ 

OUTSTANDING ORDERS, RULES, AND REGULATIONS

Section 2(c) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 

1305, provided that: ‘‘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.’’ 

SAVINGS PROVISION

Section 2(d) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 

1305, provided that: ‘‘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.’’ 

LEGISLATIVE CONSTRUCTION

Section 2(e) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 

1306, provided that: ‘‘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.’’ 

SEPARABILITY

Section 2(f) of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 

1306, provided that: ‘‘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.’’ 

REPEALS

Pub. L. 107–217, §4, Aug. 21, 2002, 116 Stat. 1303, repealed title V of the Federal Property and Administrative Services Act of 1949, act June 30, 1949, ch. 288, as 

added by act Sept. 5, 1950, ch. 849, §6(d), 64 Stat. 583, 

which was classified to sections 392 to 401 of title 44 

prior to the enactment into positive law of Title 44, 

Public Printing and Documents, by Pub. L. 90–620, Oct. 

22, 1968, 82 Stat. 1238. Section 3 of Pub. L. 90–620 repealed various laws and parts of laws, including section 

6(d), but not title V. 

Section 3 of Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1306, 

repealed the sections or parts thereof of the Revised 

Statutes or Statutes at Large codified in this title, except with respect to rights and duties that matured, 

penalties that were incurred, and proceedings that were 

begun, before October 22, 1968, and except as provided 

by section 2 of Pub. L. 90–620. 

CHAPTER 1—JOINT COMMITTEE ON 

PRINTING 

Sec. 

101. Joint Committee on Printing: membership. 

102. Joint Committee on Printing: succession; 

powers during recess. 

103. Joint Committee on Printing: remedial powers. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 101. Joint Committee on Printing: membership 

The Joint Committee on Printing shall consist 

of the chairman and four members of the ComVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00011 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 101 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 4 

mittee on Rules and Administration of the Senate and the chairman and four members of the 

Committee on House Oversight of the House of 

Representatives. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238; Pub. 

L. 97–4, Feb. 17, 1981, 95 Stat. 6; Pub. L. 104–186, 

title II, §223(1), Aug. 20, 1996, 110 Stat. 1751.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §1 (Jan. 12, 1895, ch. 

23, §1, 28 Stat. 601; Aug. 2, 1946, ch. 753, title II, §222, 60 

Stat. 838). 

Last seven words in the statute, ‘‘who shall have the 

powers hereinafter stated’’, are omitted as unnecessary 

since the powers of the Committee are stated in other 

sections. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘House Oversight’’ 

for ‘‘House Administration’’. 

1981—Pub. L. 97–4 substituted ‘‘four members’’ for 

‘‘two members’’ in two places. 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

SHORT TITLE OF 2004 AMENDMENT

Pub. L. 108–383, §1, Oct. 30, 2004, 118 Stat. 2218, provided that: ‘‘This Act [enacting section 2119 of this 

title, amending sections 2112, 2504, 2903, 2909, and 3303a 

of this title, and amending provisions set out as a note 

under section 2901 of this title] may be cited as the ‘National Archives and Records Administration Efficiency 

Act of 2004’.’’ 

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107–347, §1(a), Dec. 17, 2002, 116 Stat. 2899, provided that: ‘‘This Act [see Tables for classification] 

may be cited as the ‘E-Government Act of 2002’.’’ 

Pub. L. 107–347, title III, §301(a), Dec. 17, 2002, 116 

Stat. 2946, provided that: ‘‘This title [enacting subchapter III of chapter 35 of this title, amending sections 

3504 to 3506 of this title, section 2224 of Title 10, Armed 

Forces, sections 278g–3 and 278g–4 of Title 15, Commerce 

and Trade, and section 11331 of Title 40, Public Buildings, Property, and Works, repealing section 11332 of 

Title 40, enacting provisions set out as notes under section 3501 of this title, and repealing provisions set out 

as a note under section 3531 of this title] may be cited 

as the ‘Federal Information Security Management Act 

of 2002’.’’ 

[For another Federal Information Security Management Act of 2002, see section 1001(a) of Pub. L. 107–296, 

title X, Nov. 25, 2002, 116 Stat. 2259, set out as a note 

under section 101 of Title 6, Domestic Security.] 

Pub. L. 107–198, §1, June 28, 2002, 116 Stat. 729, provided that: ‘‘This Act [enacting section 3520 of this 

title, amending sections 3504 and 3506 of this title, renumbering former section 3520 of this title as section 

3521, and enacting provisions set out as a note under 

section 601 of Title 5, Government Organization and 

Employees] may be cited as the ‘Small Business Paperwork Relief Act of 2002’.’’ 

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106–444, §1, Nov. 6, 2000, 114 Stat. 1929, provided that: ‘‘This Act [enacting section 2910 of this 

title] may be cited as the ‘Freedmen’s Bureau Records 

Preservation Act of 2000’.’’ 

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104–13, §1, May 22, 1995, 109 Stat. 163, provided 

that: ‘‘This Act [enacting chapter 35 of this title, 

amending section 91 of Title 13, Census, and enacting 

provisions set out as a note under section 3501 of this 

title] may be cited as the ‘Paperwork Reduction Act of 

1995’.’’ 

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103–40, §1, June 8, 1993, 107 Stat. 112, provided 

that: ‘‘This Act [enacting sections 4101 to 4104 of this 

title and enacting provisions set out as notes under sections 4101 and 4103 of this title] may be cited as the 

‘Government Printing Office Electronic Information 

Access Enhancement Act of 1993’.’’ 

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100–504, title II, §201, Oct. 18, 1988, 102 Stat. 

2530, provided that: ‘‘This title [enacting sections 3901 

to 3904 of this title and provisions set out as notes 

under section 3901 of this title] may be cited as the 

‘Government Printing Office Inspector General Act of 

1988’.’’ 

Pub. L. 100–365, §1, July 13, 1988, 102 Stat. 823, provided that: ‘‘This Act [amending sections 2501, 2503, and 

2504 of this title] may be cited as the ‘National Historical Publications and Records Commission Amendments of 1988’.’’ 

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99–500, §101(m) [title VIII, §801], Oct. 18, 1986, 

100 Stat. 1783–308, 1783–335, and Pub. L. 99–591, §101(m) 

[title VIII, §801], Oct. 30, 1986, 100 Stat. 3341–308, 

3341–335, provided that: ‘‘This title [amending sections 

3501 to 3507, 3511, 3514, and 3520 of this title and sections 

751, 757, and 759 of former Title 40, Public Buildings, 

Property, and Works, enacting provisions set out as 

notes under section 3503 of this title and section 757 of 

former Title 40, amending provisions set out as a note 

under section 3503 of this title, and repealing provisions 

set out as a note under section 759 of former Title 40] 

may be cited as the ‘Paperwork Reduction Reauthorization Act of 1986’.’’ 

Pub. L. 99–323, §1, May 27, 1986, 100 Stat. 495, provided: 

‘‘That this Act [amending sections 2101 and 2112 of this 

title and enacting provisions set out as a note under 

section 2112 of this title] may be cited as the ‘Presidential Libraries Act of 1986’.’’ 

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98–497, §1, Oct. 19, 1984, 98 Stat. 2280, provided: 

‘‘That this Act [enacting sections 2103 to 2106 of this 

title and provisions set out as notes under this section 

and section 2102 of this title, redesignating existing sections 2103 to 2114 as sections 2107 to 2118 of this title, 

amending sections 710, 711, 729, 1501 to 1503, 1506, 1714, 

2101, 2102, 2107 to 2118, 2204, 2205, 2301 to 2305, 2307, 2501, 

2504, 2506, 2901 to 2909, 3102 to 3106, 3302 to 3303a, 3308, 

3310, 3311, 3504, and 3513 of this title and provisions set 

out as a note under section 2111 of this title, sections 

106a, 106b, 112, 113, and 201 of Title 1, General Provisions, sections 6 and 11 to 13 of Title 3, The President, 

sections 141 to 145 of Title 4, Flag and Seal, Seat of 

Government, and the States, sections 552a and 5314 of 

Title 5, Government Organization and Employees, section 199a of Title 25, Indians, and repealing section 2507 

of this title] may be cited as the ‘National Archives and 

Records Administration Act of 1984’.’’ 

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96–511, §1, Dec. 11, 1980, 94 Stat. 2812, provided: 

‘‘That this Act [enacting sections 3501 to 3520 of this 

title, amending sections 2904 and 2905 of this title, section 5315 of Title 5, Government Organizations and Employees, section 1221–3 of Title 20, Education, section 

1211 of Title 30, Mineral Lands and Mining, and section 

292h of Title 42, The Public Health and Welfare, omitting former sections 3501 to 3512 of this title, and enacting provisions set out as notes under sections 3501 and 

3503 of this title] may be cited as the ‘Paperwork Reduction Act of 1980’.’’ 

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95–591, §1, Nov. 4, 1978, 92 Stat. 2523, provided: 

‘‘That this Act [enacting sections 2201 to 2207 of this 

Page 5 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 103 

title, amending sections 2111 and 2112 of this title, and 

enacting provisions set out as notes under section 2201 

of this title] may be cited as the ‘Presidential Records 

Act of 1978’.’’ 

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94–575, §1, Oct. 21, 1976, 90 Stat. 2723, provided 

that: ‘‘This Act [amending sections 2107, 2112, 2115, 2116, 

2901, 2902, 2904, 2906, 2907, 3102, 3103, 3107, 3301, and 3302 

of this title, repealing section 2910 of this title, and enacting provisions set out as a note under section 2901 of 

this title] may be cited as the ‘Federal Records Management Amendments of 1976’.’’ 

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93–526, title II, §201, Dec. 19, 1974, 88 Stat. 1698, 

provided that: ‘‘This title [enacting sections 3315 to 3324 

of this title] may be cited as the ‘Public Documents 

Act’.’’ 

SHORT TITLE

Chapter 35 of this title is popularly known as the 

‘‘Paperwork Reduction Act’’. 

§ 102. Joint Committee on Printing: succession; 

powers during recess 

The members of the Joint Committee on 

Printing who are reelected to the succeeding 

Congress shall continue as members of the committee until their successors are chosen. The 

President of the Senate and the Speaker of the 

House of Representatives shall, on the last day 

of a Congress, appoint members of their respective Houses who have been elected to the succeeding Congress to fill vacancies which may 

then be about to occur on the Committee, and 

the appointees and members of the Committee 

who have been reelected shall continue until 

their successors are chosen. 

When Congress is not in session, the Joint 

Committee may exercise all its powers and duties as when Congress is in session. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §2 (Mar. 2, 1895, ch. 

189, §1, 28 Stat. 962; Mar. 3, 1917, ch. 163, §6, 39 Stat. 

1121). 

Changes are made in phraseology. 

§ 103. Joint Committee on Printing: remedial 

powers 

The Joint Committee on Printing may use any 

measures it considers necessary to remedy neglect, delay, duplication, or waste in the public 

printing and binding and the distribution of 

Government publications. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §4 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 1012; 

Mar. 1, 1919, ch. 86, §11, 40 Stat. 1270). 

Only that portion of section 11 of the 1919 Act that 

precedes the proviso is included in this section. The 

balance is incorporated in section 501 of this revision. 

Changes are made in phraseology. 

PROCUREMENT OF SERVICES OF CONSULTANTS

Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 669, provided in part: ‘‘That, effective October 1, 1977, the Joint 

Committee is authorized (1) to procure the temporary 

or intermittent services of individual consultants, or 

organizations thereof, in the same manner and under 

the same conditions as a standing committee of the 

Senate may procure such services under subsection (i) 

of section 202 of the Legislative Reorganization Act of 

1946, as amended [section 72a(i) of Title 2, The Congress], and (2) with the prior consent of the agency concerned, to use on a reimbursable basis the services of 

personnel, information, and facilities of any such agency: Provided further, That, prior to the employment of 

any consultants or the procurement of services by contract relative to any review and analysis of the operation of the Government Printing Office, the Joint 

Committee shall consult with the Legislative Branch 

Appropriations Subcommittees of the House and Senate; and that periodic reports on the progress of any 

such review and analysis be submitted to the Joint 

Committee on Printing and the Legislative Branch Appropriations Subcommittees of the House and Senate.’’ 

Prior similar provisions were contained in Pub. L. 

94–303, title I, June 1, 1976, 90 Stat. 616. 

CHAPTER 3—GOVERNMENT PRINTING 

OFFICE 

Sec. 

301. Public Printer: appointment. 

302. Deputy Public Printer: appointment; duties. 

303. Public Printer and Deputy Public Printer: 

pay. 

304. Public Printer: vacancy in office. 

305. Public Printer: employees; pay. 

306. Public Printer: employment of skilled workmen; trial of skill. 

307. Public Printer: night work. 

308. Disbursing officer; deputy disbursing officer; 

certifying officers and employees. 

309. Revolving fund for operation and maintenance of Government Printing Office: capitalization; reimbursements and credits; accounting and budgeting; reports. 

310. Payments for printing, binding, blank paper, 

and supplies. 

311. Purchases exempt from the Federal Property 

and Administrative Services Act; contract 

negotiation authority; small purchase 

threshold. 

312. Machinery, material, equipment, or supplies 

from other Government agencies. 

313. Examining boards: paper; bindery materials; 

machinery. 

314. Inks, glues, and other supplies furnished to 

other Government agencies: payment. 

315. Branches of Government Printing Office; limitations. 

316. Detail of employees of Government Printing 

Office to other Government establishments. 

317. Special policemen. 

318. Transfer of surplus property; acceptance of 

voluntary services. 

AMENDMENTS

2003—Pub. L. 108–83, title I, §1302(b), Sept. 30, 2003, 117 

Stat. 1034, added item 318. 

1999—Pub. L. 106–57, title II, §210(c), Sept. 29, 1999, 113 

Stat. 425, inserted ‘‘; small purchase threshold’’ after 

‘‘authority’’ in item 311. 

1985—Pub. L. 99–151, title III, §305(b)(2), Nov. 13, 1985, 

99 Stat. 808, inserted ‘‘; contract negotiation authority’’ in item 311. 

1975—Pub. L. 94–82, title II, §204(c)(2), Aug. 9, 1975, 89 

Stat. 421, substituted ‘‘pay’’ for ‘‘compensation’’ in 

item 303. 

1974—Pub. L. 93–459, §1(b), Oct. 20, 1974, 88 Stat. 1385, 

substituted ‘‘Disbursing officer; deputy disbursing officer; certifying officers and employees.’’ for ‘‘Disbursing 

officer: continuation and settlement of accounts during 

vacancy in office; responsibility for accounts; disbursements for Superintendent of Documents.’’ in item 308. 

1972—Pub. L. 92–310, title II, §210(a)(3), June 6, 1972, 86 

Stat. 204, struck out ‘‘; bond’’ in item 301. 

§ 301 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 6 

1970—Pub. L. 91–359, §1(b), July 31, 1970, 84 Stat. 668, 

added item 317. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 301. Public Printer: appointment 

The President of the United States shall nominate and, by and with the advice and consent of 

the Senate, appoint a suitable person, who must 

be a practical printer and versed in the art of 

bookbinding, to take charge of and manage the 

Government Printing Office. His title shall be 

Public Printer. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. 

L. 92–310, title II, §210(a)(1), (2), June 6, 1972, 86 

Stat. 204.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §31 (Jan. 12, 1895, ch. 

23, §17, 28 Stat. 603; June 12, 1917, ch. 27, §1, 40 Stat. 173; 

Feb. 20, 1923, ch. 98, 42 Stat. 1278; Mar. 4, 1925, ch. 549, 

§1, 43 Stat. 1299; May 29, 1928, ch. 909, 45 Stat. 1006). 

Changes are made in phraseology. 

AMENDMENTS

1972—Pub. L. 92–310 struck out ‘‘; bond’’ in section 

catchline, and provisions from text which required the 

Public Printer to give a bond in the sum of $25,000. 

§ 302. Deputy Public Printer: appointment; duties 

The Public Printer shall appoint a suitable 

person, who must be a practical printer and 

versed in the art of bookbinding, to be the Deputy Public Printer. He shall perform the duties 

formerly required of the chief clerk, supervise 

the buildings occupied by the Government 

Printing Office, and perform any other duties required of him by the Public Printer. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §39 (May 27, 1908, ch. 

200, §1, 35 Stat. 382). 

Phraseology is changed to conform with section 301 of 

this revision. 

§ 303. Public Printer and Deputy Public Printer: 

pay 

The annual rate of pay for the Public Printer 

shall be a rate which is equal to the rate for 

level II of the Executive Schedule under subchapter II of chapter 53 of title 5. The annual 

rate of pay for the Deputy Public Printer shall 

be a rate which is equal to the rate for level III 

of such Executive Schedule. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. 

L. 94–82, title II, §204(c)(1), Aug. 9, 1975, 89 Stat. 

421; Pub. L. 101–520, title II, §209, Nov. 5, 1990, 104 

Stat. 2274; Pub. L. 108–83, title I, §1301(a), Sept. 

30, 2003, 117 Stat. 1033.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §39a (Pub. L. 88–426, 

title II, §203(c), (d), Aug. 14, 1964, 78 Stat. 415, as amended Pub. L. 90–206, title II, §219(2), (3), Dec. 16, 1967, 81 

Stat. 639.) 

REFERENCES IN TEXT

Levels II and III of the Executive Schedule, referred 

to in text, are set out in sections 5313 and 5314, respectively, of Title 5, Government Organization and Employees. 

AMENDMENTS

2003—Pub. L. 108–83 reenacted section catchline without change and amended text generally. Prior to 

amendment, text read as follows: ‘‘The annual rate of 

pay for the Public Printer shall be a rate which is equal 

to the rate for level III of the Executive Schedule of 

subchapter II of chapter 53 of Title 5. The annual rate 

of pay for the Deputy Public Printer shall be a rate 

which is equal to the rate for level IV of such Executive 

Schedule.’’ 

1990—Pub. L. 101–520 amended section generally. Prior 

to amendment, section read as follows: ‘‘The annual 

rate of pay for the Public Printer shall be a rate which 

is equal to the rate for level IV of the Executive Schedule of subchapter II of chapter 53 of title 5. The annual 

rate of pay for the Deputy Public Printer shall be a 

rate which is equal to the rate for level V of such Executive Schedule.’’ 

1975—Pub. L. 94–82 substituted ‘‘pay’’ for ‘‘compensation’’ in section catchline, and substituted provisions 

setting the rate of pay for the Public Printer at a rate 

equal to the rate for level IV of the Executive Schedule 

and the rate of pay for Deputy Public Printer at a rate 

equal to the rate for level V of such Schedule for provisions setting the compensation of the Public Printer 

and the Deputy Public Printer at the rate of $28,750 and 

$27,500 per annum, respectively. 

EFFECTIVE DATE OF 2003 AMENDMENT

Pub. L. 108–83, title I, §1301(b), Sept. 30, 2003, 117 Stat. 

1033, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on the 

first day of the first applicable pay period beginning on 

or after the date of enactment of this Act [Sept. 30, 

2003].’’ 

SALARY INCREASES

1987—Salaries of Public Printer and Deputy Public 

Printer increased respectively to $77,500 and $72,500 per 

annum, on recommendation of the President of the 

United States, see note set out under section 358 of 

Title 2, The Congress. 

1977—Salaries of the Public Printer and Deputy Public Printer increased respectively to $50,000 and $47,500 

per annum, on recommendation of the President of the 

United States, see note set out under section 358 of 

Title 2. 

1969—Salaries of the Public Printer and Deputy Public Printer increased respectively from $28,750 and 

$27,500 to $38,000 and $36,000 per annum, commencing on 

the first day of the pay period which begins after Feb. 

14, 1969, on recommendation of the President of the 

United States, see note set out under section 358 of 

Title 2. 

§ 304. Public Printer: vacancy in office 

In case of the death, resignation, absence, or 

sickness of the Public Printer, the Deputy Public Printer shall perform the duties of the Public 

Printer until a successor is appointed or his absence or sickness ceases; but the President may 

direct any other officer of the Government, 

whose appointment is vested in the President by 

and with the advice and consent of the Senate, 

to perform the duties of the vacant office until 

a successor is appointed, or the sickness or absence of the Public Printer ceases. A vacancy 

occasioned by death or resignation may not be 

filled temporarily under this section for longer 

than ten days, and a temporary appointment, 

Page 7 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 305 

designation, or assignment of another officer 

may not be made except to fill a vacancy happening during a recess of the Senate. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §32 (Jan. 12, 1895, ch. 

23, §36, 28 Stat. 606; May 27, 1908, ch. 200, §1, 35 Stat. 

382.) 

§ 305. Public Printer: employees; pay 

(a) The Public Printer may employ journeymen, apprentices, laborers, and other persons 

necessary for the work of the Government Printing Office at rates of wages and salaries, including compensation for night and overtime work, 

he considers for the interest of the Government 

and just to the persons employed, except as otherwise provided by this section. He may not employ more persons than the necessities of the 

public work require nor more than four hundred 

apprentices at one time. The minimum pay of 

journeymen printers, pressmen, and bookbinders 

employed in the Government Printing Office 

shall be at the rate of 90 cents an hour for the 

time actually employed. Except as provided by 

the preceding part of this section the rate of 

wages, including compensation for night and 

overtime work, for more than ten employees of 

the same occupation shall be determined by a 

conference between the Public Printer and a 

committee selected by the trades affected, and 

the rates and compensation so agreed upon shall 

become effective upon approval by the Joint 

Committee on Printing. When the Public Printer and the committee representing the trade fail 

to agree as to wages, salaries, and compensation, either party may appeal to the Joint Committee on Printing, and the decision of the Joint 

Committee is final. The wages, salaries, and 

compensation so determined are not subject to 

change oftener than once a year. 

(b) The Public Printer may grant an employee 

paid on an annual basis compensatory time off 

from duty instead of overtime pay for overtime 

work. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. 

L. 91–167, Dec. 26, 1969, 83 Stat. 453; Pub. L. 

91–369, July 31, 1970, 84 Stat. 693.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §40 (Jan. 12, 1895, ch. 

23, §§39, 49, 50, 28 Stat. 607, 608; June 6, 1900, ch. 791, §1, 

31 Stat. 643; Mar. 4, 1909, ch. 299, §1, 35 Stat. 1021, 1024; 

Aug. 24, 1912, ch. 355, §1, 37 Stat. 482; July 8, 1918, ch. 

139, §1, 40 Stat. 836; Aug. 2, 1919, ch. 30, 41 Stat. 272; Feb. 

20, 1923, ch. 98, 42 Stat. 1278; June 7, 1924, ch. 354, §1, 43 

Stat. 658). 

Last sentence of this section was deleted as executed. 

AMENDMENTS

1970—Pub. L. 91–369 designated existing provisions as 

subsec. (a) and added subsec. (b). 

1969—Pub. L. 91–167 substituted ‘‘four hundred’’ for 

‘‘two hundred’’ as the number of apprentices which the 

Public Printer may employ at one time. 

REPEALS

General repealer of provisions inconsistent with Pub. 

L. 92–392 as not repealing or affecting this section, see 

section 13 of Pub. L. 92–392, set out as a note under section 5341 of Title 5, Government Organization and Employees. 

VOLUNTARY SEPARATION INCENTIVES

Pub. L. 105–275, title III, §309, Oct. 21, 1998, 112 Stat. 

2454, as amended by Pub. L. 107–68, title II, §210(a), Nov. 

12, 2001, 115 Stat. 590, provided that: 

‘‘(a) SEVERANCE PAY.—[Amended section 5595 of Title 

5, Government Organization and Employees.] 

‘‘(b) EARLY RETIREMENT.—(1) This subsection applies 

to an employee of the Government Printing Office 

who— 

‘‘(A) voluntarily separates from service on or after 

the date of enactment of this Act [Oct. 21, 1998] and 

before October 1, 2004; and 

‘‘(B) on such date of separation— 

‘‘(i) has completed 25 years of service as defined 

under section 8331(12) or 8401(26) of title 5, United 

States Code; or 

‘‘(ii) has completed 20 years of such service and is 

at least 50 years of age. 

‘‘(2) Notwithstanding any provision of chapter 83 or 84 

of title 5, United States Code, an employee described 

under paragraph (1) is entitled to an annuity which 

shall be computed consistent with the provisions of law 

applicable to annuities under section 8336(d) or 8414(b) 

of title 5, United States Code. 

‘‘(c) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.— 

(1) In this subsection, the term ‘employee’ means an 

employee of the Government Printing Office, serving 

without limitation, who has been currently employed 

for a continuous period of at least 12 months, except 

that such term shall not include— 

‘‘(A) a reemployed annuitant under subchapter III 

of chapter 83 or chapter 84 of title 5, United States 

Code, or another retirement system for employees of 

the Government; 

‘‘(B) an employee having a disability on the basis of 

which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); or 

‘‘(C) an employee who is employed on a temporary 

when actually employed basis. 

‘‘(2) Notwithstanding any other provision of law, in 

order to avoid or minimize the need for involuntary 

separations due to a reduction in force, reorganization, 

transfer of function, or other similar action affecting 

the agency, the Public Printer shall establish a program under which voluntary separation incentive payments may be offered to encourage eligible employees 

to separate from service voluntarily (whether by retirement or resignation) during the period beginning on 

the date of the enactment of this Act [Oct. 21, 1998] 

through September 30, 2004. 

‘‘(3) Such voluntary separation incentive payments 

shall be paid in accordance with the provisions of section 5597(d) of title 5, United States Code. Any such 

payment shall not be a basis of payment, and shall not 

be included in the computation, of any other type of 

Government benefit. 

‘‘(4)(A) Not later than January 15, 1999, the Public 

Printer shall submit a plan described under subparagraph (C) to the Joint Committee on Printing (or any 

applicable successor committees). 

‘‘(B) No voluntary separation incentive payment may 

be paid under this section unless the Public Printer 

submits a plan described under subparagraph (C) to the 

Joint Committee on Printing (or any applicable successor committees) and the Joint Committee on Printing approves the plan (or such successor committees 

approve the plan). 

‘‘(C) The plan referred to under subparagraph (B) 

shall include— 

‘‘(i) the positions and functions to be reduced or 

eliminated, identified by organizational unit, occupational category, and pay or grade level; 

‘‘(ii) the number and amounts of voluntary separation incentive payments to be offered; and 

‘‘(iii) a description of how the Government Printing 

Office will operate without the eliminated positions 

and functions. 

‘‘(5)(A) In addition to any other payments which the 

Public Printer is required to make under subchapter III 

§ 306 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 8 

of chapter 83 of title 5, United States Code, the Public 

Printer shall remit to the Office of Personnel Management for deposit in the Treasury of the United States 

to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final 

basic pay of each employee who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United 

States Code, to whom a voluntary separation incentive 

has been paid under this section. 

‘‘(B) For the purpose of this paragraph, the term 

‘final basic pay’, with respect to an employee— 

‘‘(i) means the total amount of basic pay which 

would be payable for a year of service by such employee, computed using the employee’s final rate of 

basic pay; and 

‘‘(ii) includes an appropriate adjustment to the 

amount computed under clause (i) if the employee is 

last serving on other than a full-time basis. 

‘‘(6)(A) Subject to subparagraph (B), an employee who 

has received a voluntary separation incentive payment 

under this section and accepts employment with the 

Government of the United States within 5 years after 

the date of the separation on which the payment is 

based shall be required to repay the entire amount of 

the incentive payment to the agency that paid the incentive payment. 

‘‘(B)(i) If the employment is with an Executive agency (as defined by section 105 of title 5, United States 

Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, 

waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. 

‘‘(ii) If the employment is with an entity in the legislative branch, the head of the entity or the appointing 

official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. 

‘‘(iii) If the employment is with the judicial branch, 

the Director of the Administrative Office of the United 

States Courts may waive the repayment if the individual involved possesses unique abilities and is the 

only qualified applicant available for the position. 

‘‘(C) For purposes of subparagraph (A) (but not subparagraph (B)), the term ‘employment’ includes employment under a personal services contract with the 

United States. 

‘‘(7) Not later than January 15, 1999, the Public Printer shall prescribe regulations to carry out this subsection. 

‘‘(d) RETRAINING, JOB PLACEMENT, AND COUNSELING

SERVICES.—(1) In this subsection, the term ‘employee’— 

‘‘(A) means an employee of the Government Printing Office; and 

‘‘(B) shall not include— 

‘‘(i) a reemployed annuitant under subchapter III 

of chapter 83 or chapter 84 of title 5, United States 

Code, or another retirement system for employees 

of the Government; or 

‘‘(ii) an employee who is employed on a temporary when actually employed basis. 

‘‘(2) The Public Printer may establish a program to 

provide retraining, job placement, and counseling services to employees and former employees. 

‘‘(3) A former employee may not participate in a program established under this subsection, if— 

‘‘(A) the former employee was separated from service with the Government Printing Office for more 

than 1 year; or 

‘‘(B) the separation was by removal for cause on 

charges of misconduct or delinquency. 

‘‘(4) Retraining costs for the program established 

under this subsection may not exceed $5,000 for each 

employee or former employee. 

‘‘(e) ADMINISTRATIVE PROVISIONS.—(1) The Public 

Printer— 

‘‘(A) may use employees of the Government Printing Office to establish and administer programs and 

carry out the provisions of this section; and 

‘‘(B) may procure temporary and intermittent services under section 3109(b) of title 5, United States 

Code, to carry out such provisions— 

‘‘(i) not subject to the 1 year of service limitation 

under such section 3109(b); and 

‘‘(ii) at rates for individuals which do not exceed 

the daily equivalent of the annual rate of basic pay 

prescribed for level V of the Executive Schedule 

under section 5316 of such title. 

‘‘(2) Funds to carry out subsections (a) and (c) may be 

expended only from funds available for the basic pay of 

the employee who is receiving the applicable payment. 

‘‘(3) Funds to carry out subsection (d) may be expended from any funds made available to the Public 

Printer.’’ 

[Pub. L. 107–68, title II, §210(b), Nov. 12, 2001, 115 Stat. 

590, provided that: ‘‘The amendments made by this section [amending section 309 of Pub. L. 105–275, set out 

above] shall take effect as if included in the enactment 

of the Legislative Branch Appropriations Act, 1999 

[Pub. L. 105–275].’’] 

§ 306. Public Printer: employment of skilled 

workmen; trial of skill 

The Public Printer shall employ workmen who 

are thoroughly skilled in their respective 

branches of industry, as shown by trial of their 

skill under his direction. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §41 (Jan. 12, 1895, ch. 

23, §45, 28 Stat. 607). 

§ 307. Public Printer: night work 

The Public Printer shall cause the public 

printing in the Government Printing Office to 

be done at night as well as through the day, 

when the exigencies of the public service require 

it. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §42 (Jan. 12, 1895, ch. 

23, §47, 28 Stat. 607). 

§ 308. Disbursing officer; deputy disbursing officer; certifying officers and employees 

(a) The Public Printer shall appoint from time 

to time a disbursing officer of the Government 

Printing Office (including the Office of the Superintendent of Documents) who shall be under 

the direction of the Public Printer. The disbursing officer shall (1) disburse moneys of the 

Government Printing Office only upon, and in 

strict accordance with, vouchers certified by the 

Public Printer or by an officer or employee of 

the Government Printing Office authorized in 

writing by the Public Printer to certify such 

vouchers, (2) make such examination of vouchers as may be necessary to ascertain whether 

they are in proper form, certified, and approved, 

and (3) be held accountable accordingly. However, the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any 

false, inaccurate, or misleading certificate, the 

responsibility for which, under subsection (c) of 

this section, is imposed upon a certifying officer 

or employee of the Government Printing Office. 

(b)(1) Upon the death, resignation, or separation from office of the disbursing officer, his accounts may be continued, and payments and collection may be made in his name, by any individual designated as a deputy disbursing officer 

Page 9 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 309 

by the Public Printer, for a period of time not to 

extend beyond the last day of the second month 

following the month in which the death, resignation, or separation occurred. Accounts and 

payments shall be allowed, audited, and settled, 

and checks signed in the name of the former disbursing officer by a deputy disbursing officer 

shall be honored in the same manner as if the 

former disbursing officer had continued in office. 

(2) A former disbursing officer of the Government Printing Office or his estate may not be 

subject to any legal liability or penalty for the 

official accounts or defaults of the deputy disbursing officer acting in the name or in the 

place of the former disbursing officer. Each deputy disbursing officer is responsible for accounts 

entrusted to him under paragraph (1) of this subsection, and the deputy disbursing officer is liable for any default occurring during his service 

under such paragraph. 

(c)(1) The Public Printer may designate in 

writing officers and employees of the Government Printing Office to certify vouchers for payment from appropriations and funds. Such officers and employees shall (A) be responsible for 

the existence and correctness of the facts recited in the certificate or other voucher or its 

supporting papers and for the legality of the 

proposed payment under the appropriation or 

fund involved, (B) be responsible and accountable for the correctness of the computations of 

certified vouchers, and (C) be accountable for, 

and required to make restitution to, the United 

States for the amount of any illegal, improper, 

or incorrect payment resulting from any false, 

inaccurate, or misleading certificate made by 

him, as well as for any payment prohibited by 

law or which did not represent a legal obligation 

under the appropriation or fund involved. However, the Comptroller General of the United 

States, may, at his discretion, relieve such certifying officer or employee of liability for any 

payment otherwise proper whenever he finds 

that (i) the certification was based on the official records and that such certifying officer or 

employee did not know, and by reasonable diligence and inquiry could not have ascertained, 

the actual facts, or (ii) when the obligation was 

incurred in good faith, the payment was not contrary to any statutory provision specifically 

prohibiting payments of the character involved, 

and the United States has received value for 

such payment. The Comptroller General shall 

relieve such certifying officer or employee of liability for an overpayment for transportation 

services made to any common carrier covered by 

section 3726 of title 31, whenever he finds that 

the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a 

verification of transportation rates, freight classifications, or land grant deductions. 

(2) The liability of such certifying officers or 

employees shall be enforced in the same manner 

and to the same extent as provided by law with 

respect to the enforcement of the liability of 

disbursing and other accountable officers. Such 

certifying officers and employees shall have the 

right to apply for and obtain a decision by the 

Comptroller General on any question of law involved in a payment on any vouchers presented 

to them for certification. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. 

L. 92–310, title II, §210(b), June 6, 1972, 86 Stat. 

204; Pub. L. 93–459, §1(a), Oct. 20, 1974, 88 Stat. 

1384; Pub. L. 95–473, §2(a)(5), Oct. 17, 1978, 92 Stat. 

1466; Pub. L. 97–258, §3(m)(1), Sept. 13, 1982, 96 

Stat. 1066.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§52a, 63, 73 (part) 

(June 25, 1910, ch. 384, §1, 36 Stat. 770; Feb. 20, 1923, ch. 

98, 42 Stat. 1278; Pub. L. 86–31, May 26, 1959, 73 Stat. 60). 

The last paragraph of this section is from former section 73; the remainder of that section will be found in 

section 1702 of the revision. 

Paragraph (a) deleted as executed. 

AMENDMENTS

1982—Subsec. (c)(1). Pub. L. 97–258 substituted ‘‘section 3726 of title 31’’ for ‘‘section 244 of title 31’’. 

1978—Subsec. (c)(1). Pub. L. 95–473 substituted ‘‘section 244 of title 31’’ for ‘‘section 66 of title 49’’. 

1974—Pub. L. 93–459 substituted ‘‘Disbursing officer; 

deputy disbursing officer; certifying officers and employees’’ for ‘‘Disbursing officer: continuation and settlement of accounts during vacancy in office; responsibility for accounts; disbursements for Superintendent 

of Documents’’ in section catchline. 

Subsec. (a). Pub. L. 93–459 added subsec. (a). Former 

subsec. (a) redesignated (b)(1). 

Subsec. (b)(1). Pub. L. 93–459 redesignated provisions 

of former subsec. (a) as subsec. (b)(1) and substituted 

‘‘by any individual designated as a deputy disbursing 

officer by the Public Printer’’ for ‘‘by the deputy disbursing officer or officers designated by the Public 

Printer’’. 

Subsec. (b)(2). Pub. L. 93–459 redesignated provisions 

of former subsec. (b) as subsec. (b)(2) and substituted 

‘‘paragraph (1) of this subsection’’ for ‘‘subsection (a) of 

this section’’, and ‘‘under such paragraph’’ for ‘‘under 

subsection (a) of this section’’. 

Subsec. (c). Pub. L. 93–459 added subsec. (c). Former 

subsec. (c), relating to disbursements on account of salaries or other expenses of the office of the Superintendent of Documents, was struck out. 

1972—Subsec. (b). Pub. L. 92–310 struck out provisions 

which related to sureties on official bonds. 

§ 309. Revolving fund for operation and maintenance of Government Printing Office: capitalization; reimbursements and credits; accounting and budgeting; reports 

(a) The revolving fund of $1,000,000 established 

July 1, 1953, is available without fiscal year limitation, for— 

the operation and maintenance of the Government Printing Office (except for those programs of the Superintendent of Documents 

which are funded by specific appropriations), 

including rental of buildings; 

attendance at meetings; 

maintenance and operation of the emergency room; 

uniforms or uniform allowances; 

boots, coats, and gloves; 

repairs and minor alterations to buildings; 

and 

expenses authorized in writing by the Joint 

Committee on Printing for inspection of Government printing activities. 

In addition, the Public Printer shall provide 

capital for the fund by capitalizing, at fair and 

reasonable values as jointly determined by him 

§ 309 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 10 

and the Comptroller General, the current inventories, plant, and building appurtenances, except 

building structures and land, equipment, and 

other assets of the Government Printing Office. 

(b) The fund shall be— 

(1) reimbursed for the cost of all services and 

supplies furnished, including those furnished 

other appropriations of the Government Printing Office, at rates which include charges for 

overhead and related expenses, depreciation of 

plant and building appurtenances, except 

building structures and land, and equipment, 

and accrued leave; and 

(2) credited with all receipts including sales 

of Government publications, waste, condemned, and surplus property and with payments received for losses or damage to property. 

(c) An adequate system of accounts for the 

fund shall be maintained on the accrual method, 

and financial reports prepared on the basis of 

the accounts. The Public Printer shall prepare 

and submit an annual business-type budget program for the operations under this fund. This 

budget program shall be considered and enacted 

as prescribed by section 9104 of title 31. 

(d) The Inspector General of the Government 

Printing Office shall audit the financial and 

operational activities of the Government Printing Office each year. The audits shall be conducted under the direction of the Joint Committee on Printing. For purposes of the audits, 

the Inspector General shall have such access to 

the records, files, personnel, and facilities of the 

Government Printing Office as the Inspector 

General considers appropriate. The Inspector 

General shall furnish reports of the audits to the 

Congress and the Public Printer. 

(e) The Public Printer shall prepare an annual 

financial statement meeting the requirements of 

section 3515(b) of title 31, United States Code. 

Each financial statement shall be audited in accordance with applicable generally accepted 

Government auditing standards— 

(1) by an independent external auditor selected by the Public Printer, or 

(2) at the request of the Joint Committee on 

Printing, by the Inspector General of the Government Printing Office. 

(f) The Comptroller General of the United 

States may audit the financial statement prepared under subsection (e) at his or her discretion or at the request of the Joint Committee on 

Printing. An audit by the Comptroller General 

shall be in lieu of the audit otherwise required 

by that subsection. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1241; Pub. 

L. 93–604, title VII, §707, Jan. 2, 1975, 88 Stat. 

1965; Pub. L. 97–258, §3(m)(2), Sept. 13, 1982, 96 

Stat. 1066; Pub. L. 100–458, title III, §310, Oct. 1, 

1988, 102 Stat. 2184; Pub. L. 101–163, title III, §309, 

Nov. 21, 1989, 103 Stat. 1065; Pub. L. 101–520, title 

II, §207, Nov. 5, 1990, 104 Stat. 2274; Pub. L. 

103–69, title II, §207(a), Aug. 11, 1993, 107 Stat. 707; 

Pub. L. 104–316, title I, §123(a), Oct. 19, 1996, 110 

Stat. 3839.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §63, 63a (Aug. 1, 1953, 

ch. 304, title I, §101, 67 Stat. 330; Aug. 5, 1955, ch. 568, 

§101, 69 Stat. 519; June 27, 1956, ch. 453, §101, 70 Stat. 

369); §63a (July 28, 1967, Pub. L. 90–57, §101 (part), 81 

Stat. 141). 

AMENDMENTS

1996—Subsec. (d). Pub. L. 104–316, §123(a)(1), amended 

subsec. (d) generally. Prior to amendment, subsec. (d) 

read as follows: ‘‘The Comptroller General shall audit 

the activities of the Government Printing Office at 

least once every 3 years and shall furnish reports of 

such audits to the Congress and the Public Printer. For 

these purposes the Comptroller General shall have such 

access to the records, files, personnel, and facilities of 

the Government Printing Office as he considers necessary.’’ 

Subsecs. (e), (f). Pub. L. 104–316, §123(a)(2), added subsecs. (e) and (f). 

1993—Subsec. (b). Pub. L. 103–69 substituted ‘‘shall 

be—’’ for ‘‘shall be:’’ in introductory provisions, inserted ‘‘and’’ at end of par. (1), substituted a period for 

‘‘; and’’ at end of par. (2), and struck out par. (3) which 

read as follows: ‘‘charged with payment into miscellaneous receipts of the Treasury of that part of the receipts from the sales of Government publications required by law.’’ 

1990—Subsec. (a). Pub. L. 101–520 substituted ‘‘uniforms or uniform allowances’’ for ‘‘uniforms, or allowances therefor, as authorized by section 5901 of Title 5’’. 

1989—Subsec. (a). Pub. L. 101–163 struck out ‘‘not to 

exceed $3,000 in any fiscal year’’ after ‘‘attendance at 

meetings’’. 

1988—Subsec. (a). Pub. L. 100–458, §310(a), substituted 

in the first sentence ‘‘(except for those programs of the 

Superintendent of Documents which are funded by specific appropriations),’’ for ‘‘, except the Office of Superintendent of Documents’’. 

Subsec. (c). Pub. L. 100–458, §310(b), substituted ‘‘This 

budget program shall be considered and enacted as prescribed by section 9104 of title 31.’’ for ‘‘The Comptroller General shall audit the activities of the Government Printing Office at least once in every three years 

and shall furnish reports of such audits to the Congress 

and the Public Printer. For these purposes the Comptroller General shall have such access to the records, 

files, personnel, and facilities of the Government Printing Office as he considers necessary.’’ 

Subsec. (d). Pub. L. 100–458, §310(c), amended subsec. 

(d) generally. Prior to amendment, subsec. (d) read as 

follows: ‘‘Commencing with the fiscal year 1969, the annual business-type budget for the fund shall be considered and enacted as prescribed by section 9104 of title 

31.’’ 

1982—Subsec. (d). Pub. L. 97–258 substituted ‘‘section 

9104 of title 31’’ for ‘‘section 849 of title 31’’. 

1975—Subsec. (c). Pub. L. 93–604 substituted provisions 

that the Comptroller General shall audit the activities 

of the Government Printing Office at least once in 

every three years and furnish reports of the audits to 

the Congress and the Public Printer for provisions that 

the General Accounting Office shall audit the activities 

of the Government Printing Office and furnish an audit 

report annually to the Congress and the Public Printer. 

EFFECTIVE DATE OF 1993 AMENDMENT

Section 207(c) of Pub. L. 103–69 provided that: ‘‘The 

amendments made by subsections (a) and (b) [amending 

this section and section 1708 of this title] shall take effect on October 1, 1993.’’ 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

of law requiring submittal to Congress of any annual, 

semiannual, or other regular periodic report listed in 

House Document No. 103–7 (in which the 23rd item on 

page 4 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d) of this section), see section 3003 of Pub. L. 104–66, as amended, set 

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

Finance. 

Page 11 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 313 

FEDERAL REGISTER PROGRAM; USE OF REVOLVING

FUND; REIMBURSEMENT

Title II of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 

1189, to be effective as if enacted into law, provided in 

part: ‘‘That hereafter the revolving fund shall be available to finance the costs of printing and binding all 

other publications of the Federal Register program and 

be reimbursed from appropriated funds available therefor’’. 

§ 310. Payments for printing, binding, blank 

paper, and supplies 

An executive department or independent establishment of the Government ordering printing and binding or blank paper and supplies 

from the Government Printing Office shall pay 

promptly by check to the Public Printer upon 

his written request, either in advance or upon 

completion of the work, all or part of the estimated or actual cost, as the case may be, and 

bills rendered by the Public Printer are not subject to audit or certification in advance of payment. Adjustments on the basis of the actual 

cost of delivered work paid for in advance shall 

be made monthly or quarterly and as may be 

agreed by the Public Printer and the department or establishment concerned. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1241.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §230 (Aug. 1, 1953, ch. 

304, title I, §101, 67 Stat. 331). 

§ 311. Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase 

threshold 

(a) Purchases may be made from appropriations under the ‘‘Government Printing Office’’ 

without reference to subtitle I of title 40 and 

title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) 

concerning purchases for the Federal Government. 

(b) In addition to the authority to negotiate 

otherwise provided by law, the Public Printer 

may negotiate purchases and contracts for supplies or services for which the Public Printer determines that it is impracticable to secure competition by advertising. The Public Printer may 

not award a contract under this subsection unless he justifies the use of negotiation in writing 

and certifies the accuracy and completeness of 

the justification. The justification shall set out 

facts and circumstances that clearly and convincingly establish that advertising would not 

be practicable for such contract. Such a justification is final and a copy thereof shall be 

maintained in the Government Printing Office 

for at least 6 years after the date of the determination. The Public Printer may designate one 

or more employees of the Government Printing 

Office to carry out this subsection. 

(c) Notwithstanding any other provision of 

law, section 3709 of the Revised Statutes (41 

U.S.C. 5) shall apply with respect to purchases 

and contracts for the Government Printing Office as if the reference to ‘‘$25,000’’ in clause (1) 

of such section were a reference to ‘‘$100,000’’. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242; Pub. 

L. 99–151, title III, §305(a), (b)(1), Nov. 13, 1985, 99 

Stat. 808; Pub. L. 106–57, title II, §210(a), (b), 

Sept. 29, 1999, 113 Stat. 425; Pub. L. 107–217, 

§3(l)(1), Aug. 21, 2002, 116 Stat. 1301.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §64 (Aug. 1, 1953, ch. 

304, title I, §102, 67 Stat. 332). 

Reference to Printing Act of 1895 deleted as superseded by section 309. 

REFERENCES IN TEXT

The Federal Property and Administrative Services 

Act of 1949, referred to in subsec. (a), is act June 30, 

1949, ch. 288, 63 Stat. 377, as amended. Title III of the 

Act is classified generally to subchapter IV (§251 et 

seq.) of chapter 4 of Title 41, Public Contracts. For 

complete classification of this Act to the Code, see 

Short Title note set out under section 471 of Title 40, 

Public Buildings, Property, and Works, and Tables. 

AMENDMENTS

2002—Subsec. (a). Pub. L. 107–217 substituted ‘‘subtitle 

I of title 40 and title III of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 251 et 

seq.)’’ for ‘‘the Federal Property and Administrative 

Services Act, approved June 30, 1949, as amended,’’. 

1999—Pub. L. 106–57, §210(b), inserted ‘‘; small purchase threshold’’ after ‘‘authority’’ in section catchline. 

Subsec. (c). Pub. L. 106–57, §210(a), added subsec. (c). 

1985—Pub. L. 99–151, §305(b)(1), inserted ‘‘; contract 

negotiation authority’’ in section catchline. 

Pub. L. 99–151, §305(a), designated existing provisions 

as subsec. (a) and added subsec. (b). 

§ 312. Machinery, material, equipment, or supplies from other Government agencies 

An officer of the Government having machinery, material, equipment, or supplies for printing, binding, and blank-book work, including lithography, photolithography, and other processes of reproduction, no longer required or authorized for his service, shall submit a detailed 

report of them to the Public Printer. The Public 

Printer, with the approval of the Joint Committee on Printing, may requisition such articles as are serviceable in the Government Printing Office, and they shall be promptly delivered 

to that office. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §59 (July 19, 1919, ch. 

24, §3, 41 Stat. 233). 

§ 313. Examining boards: paper; bindery materials; machinery 

The Deputy Public Printer, the superintendent 

of printing, and a person designated by the Joint 

Committee on Printing, shall constitute a board 

to examine and report in writing on paper delivered under contract, or by purchase or otherwise, at the Government Printing Office. 

The Deputy Public Printer, the superintendent 

of binding, and a person designated by the Joint 

Committee on Printing shall constitute a board 

to examine and report in writing on material, 

except paper, for the use of the bindery. 

The Deputy Public Printer, the superintendent 

of printing, and a person designated by the Joint 

Committee on Printing shall constitute a board 

§ 314 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 12 

of condemnation, who, upon the call of the Public Printer, shall determine the condition of 

presses and other machinery and material used 

in the Government Printing Office, with a view 

to condemnation. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.) 

HISTORICAL AND REVISION NOTES

Based on U.S. Code, 1964 ed., §49 (Jan. 12, 1895, ch. 23, 

§20, 28 Stat. 603; May 27, 1908, ch. 200, §1, 35 Stat. 382; 

June 7, 1924, ch. 303, §1, 43 Stat. 509). 

§ 314. Inks, glues, and other supplies furnished to 

other Government agencies: payment 

Inks, glues, and other supplies manufactured 

by the Government Printing Office in connection with its work may be furnished to departments and other establishments of the Government upon requisition, and payment made from 

appropriations available. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §62 (June 30, 1932, ch. 

314; pt. I, §1, 47 Stat. 397). 

§ 315. Branches of Government Printing Office; 

limitations 

Money appropriated by any Act may not be 

used for maintaining more than one branch of 

the Government Printing Office in any one 

building occupied by an executive department of 

the Government, and a branch of the Government Printing Office may not be established unless specifically authorized by law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §61 (Aug. 1, 1914, ch. 

223, §1, 38 Stat. 673). 

§ 316. Detail of employees of Government Printing Office to other Government establishments 

An employee of the Government Printing Office may not be detailed to duties not pertaining 

to the work of public printing and binding in an 

executive department or other Government establishment unless expressly authorized by law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §47 (June 25, 1910, ch. 

384, §1, 36 Stat. 770). 

§ 317. Special policemen 

The Public Printer or his delegate may designate employees of the Government Printing 

Office to serve as special policemen to protect 

persons and property in premises and adjacent 

areas occupied by or under the control of the 

Government Printing Office. Under regulations 

to be prescribed by the Public Printer, employees designated as special policemen are authorized to bear and use arms in the performance of 

their duties; make arrest for violations of laws 

of the United States, the several States, and the 

District of Columbia; and enforce the regulations of the Public Printer, including the removal from Government Printing Office premises of individuals who violate such regulations. 

The jurisdiction of special policemen in premises occupied by or under the control of the Government Printing Office and adjacent areas shall 

be concurrent with the jurisdiction of the respective law enforcement agencies where the 

premises are located. 

(Added Pub. L. 91–359, §1(a), July 31, 1970, 84 

Stat. 668.) 

§ 318. Transfer of surplus property; acceptance of 

voluntary services 

(a) The Public Printer may— 

(1) transfer or donate surplus Government 

publications and condemned Government 

Printing Office machinery, material, equipment, and supplies to— 

(A) other Federal entities; 

(B) any organization described under section 501(c)(3) or (4) of the Internal Revenue 

Code of 1986 and exempt from taxation under 

501(a) of such Code; or 

(C) State or local governments; and 

(2) accept voluntary and uncompensated 

services, notwithstanding section 1342 of title 

31. 

(b) Individuals providing voluntary and uncompensated services under subsection (a)(2) 

shall not be considered Federal employees, except for purposes of chapter 81 of title 5 (relating 

to compensation for work injuries) and chapter 

171 of title 28 (relating to tort claims). 

(Added Pub. L. 108–83, title I, §1302(a), Sept. 30, 

2003, 117 Stat. 1033.) 

CHAPTER 5—PRODUCTION AND 

PROCUREMENT OF PRINTING AND BINDING 

Sec. 

501. Government printing, binding, and blankbook work to be done at Government Printing Office. 

502. Procurement of printing, binding, and blankbook work by Public Printer. 

503. Printing in veterans’ hospitals. 

504. Direct purchase of printing, binding, and 

blank-book work by Government agencies. 

505. Sale of duplicate plates. 

506. Time for printing documents or reports which 

include illustrations or maps. 

507. Orders for printing to be acted upon within 

one year. 

508. Annual estimates of quantity of paper required for public printing and binding. 

509. Standards of paper; advertisements for proposals; samples. 

510. Specifications in advertisements for paper. 

511. Opening bids; bonds. 

512. Approval of paper contracts; time for performance; bonds. 

513. Comparison of paper and envelopes with 

standard quality. 

514. Determination of quality of paper. 

515. Default of contractor; new contracts and purchase in open market. 

516. Liability of defaulting contractor. 

517. Purchase of paper in open market. 

AMENDMENTS

1976—Pub. L. 94–553, §105(a)(2), Oct. 19, 1976, 90 Stat. 

2599, struck out ‘‘; copyright’’ after ‘‘plates’’ in item 

505. 

Page 13 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 501 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 501. Government printing, binding, and blankbook work to be done at Government Printing Office 

All printing, binding, and blank-book work for 

Congress, the Executive Office, the Judiciary, 

other than the Supreme Court of the United 

States, and every executive department, independent office and establishment of the Government, shall be done at the Government Printing 

Office, except— 

(1) classes of work the Joint Committee on 

Printing considers to be urgent or necessary 

to have done elsewhere; and 

(2) printing in field printing plants operated 

by an executive department, independent office or establishment, and the procurement of 

printing by an executive department, independent office or establishment from allotments for contract field printing, if approved 

by the Joint Committee on Printing. 

Printing or binding may be done at the Government Printing Office only when authorized 

by law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1243.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §111 and 116 (part) 

(Jan. 12, 1895, ch. 23, §§86, 87, 28 Stat. 662; Mar. 1, 1919, 

ch. 86, §11, 40 Stat. 1270; July 5, 1949, ch. 296, 63 Stat. 

405). 

This section incorporates only the first sentence of 

former section 116. The balance will be found in section 

1123 of the revision. 

VEGETABLE INK PRINTING

Pub. L. 103–348, Oct. 6, 1994, 108 Stat. 3133, provided 

that: 

‘‘SECTION 1. SHORT TITLE. 

‘‘This Act may be cited as the ‘Vegetable Ink Printing Act of 1994’.’’ 

‘‘SEC. 2. FINDINGS AND PURPOSES. 

‘‘(a) FINDINGS.—The Congress finds the following: 

‘‘(1) More than 95 percent of Federal printing involving documents or publications is performed using 

lithographic inks. 

‘‘(2) Various types of oil, including petroleum and 

vegetable oil, are used in lithographic ink. 

‘‘(3) Increasing the amount of vegetable oil used in 

a lithographic ink would— 

‘‘(A) help reduce the Nation’s use of nonrenewable 

energy resources; 

‘‘(B) result in the use of products that are less 

damaging to the environment; 

‘‘(C) result in a reduction of volatile organic compound emissions; and 

‘‘(D) increase the use of renewable agricultural 

products. 

‘‘(4) The technology exists to use vegetable oil in 

lithographic ink and, in some applications, to use 

lithographic ink that uses no petroleum distillates in 

the liquid portion of the ink. 

‘‘(5) Some lithographic inks have contained vegetable oils for many years; other lithographic inks 

have more recently begun to use vegetable oil. 

‘‘(6) According to the Government Printing Office, 

using vegetable oil-based ink appears to add little if 

any additional cost to Government printing. 

‘‘(7) Use of vegetable oil-based ink in Federal Government printing should further develop— 

‘‘(A) the commercial viability of vegetable oilbased ink, which could result in demand, for domestic use alone, for 2,500,000,000 pounds of vegetable 

crops or 500,000,000 pounds of vegetable oil; and 

‘‘(B) a product that could help the United States 

retain or enlarge its share of the world market for 

vegetable oil-ink. 

‘‘(b) PURPOSE.—The purpose of this Act is to require 

that all lithographic printing using ink containing oil 

that is performed or procured by a Federal agency shall 

use ink containing the maximum amounts of vegetable 

oil and materials derived from other renewable resources that— 

‘‘(1) are technologically feasible, and 

‘‘(2) result in printing costs that are competitive 

with printing using petroleum-based inks. 

‘‘SEC. 3. FEDERAL PRINTING REQUIREMENTS. 

‘‘(a) GENERAL RULE.—Notwithstanding any other law, 

and except as provided in subsection (b), a Federal 

agency may not perform or procure lithographic printing that uses ink containing oil if the ink contains less 

than the following percentage of vegetable oil: 

‘‘(1) In the case of news ink, 40 percent. 

‘‘(2) In the case of sheet-fed ink, 20 percent. 

‘‘(3) In the case of forms ink, 20 percent. 

‘‘(4) In the case of heat-set ink, 10 percent. 

‘‘(b) EXCEPTIONS.— 

‘‘(1) EXCEPTIONS.—Subsection (a) shall not apply to 

lithographic printing performed or procured by a Federal agency, if— 

‘‘(A) the head of the agency determines, after consultation with the Public Printer and within the 3- 

year period ending on the date of the commencement of the printing or the date of that procurement, respectively, that vegetable oil-based ink is 

not suitable to meet specific, identified requirements of the agency related to the printing; or 

‘‘(B) the Public Printer determines— 

‘‘(i) within the 3-month period ending on the 

date of the commencement of the printing, in the 

case of printing of materials that are printed at 

intervals of less than 6 months, or 

‘‘(ii) before the date of the commencement of 

the printing, in the case of printing of materials 

that are printed at intervals of 6 months or more; 

that the cost of performing the printing using vegetable oil-based ink is significantly greater than the 

cost of performing the printing using other available ink. 

‘‘(2) NOTICE TO CONGRESS.—Not later than 30 days 

after making a determination under paragraph (1)(A), 

the head of a Federal agency shall report the determination to the Committee on Government Operations [now Committee on Oversight and Government 

Reform] and the Committee on House Administration 

of the House of Representatives, and the Committee 

on Rules of the Senate. 

‘‘(c) FEDERAL AGENCY DEFINED.—In this Act, the term 

‘Federal agency’ means— 

‘‘(1) an executive department, military department, 

Government corporation, Government-controlled corporation, or other establishment in the executive 

branch of the Government (including the Executive 

Office of the President), or any independent regulatory agency; and 

‘‘(2) an establishment or component of the legislative or judicial branch of the Government.’’ 

GOVERNMENT PUBLICATIONS: PRINTING; GPO PROCUREMENT; EXECUTIVE BRANCH PROCUREMENT OF CERTAIN

KINDS OF PRINTING; ‘‘PRINTING’’ DEFINED

Pub. L. 102–392, title II, §207(a), Oct. 6, 1992, 106 Stat. 

1719, as amended by Pub. L. 103–283, title II, §207, July 

22, 1994, 108 Stat. 1440; Pub. L. 104–201, div. A, title XI, 

§1112(e)(1), Sept. 23, 1996, 110 Stat. 2683; Pub. L. 108–136, 

div. A, title IX, §921(g), Nov. 24, 2003, 117 Stat. 1570, provided that: 

§ 502 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 14 

‘‘(1) None of the funds appropriated for any fiscal 

year may be obligated or expended by any entity of the 

executive branch for the procurement of any printing 

related to the production of Government publications 

(including printed forms), unless such procurement is 

by or through the Government Printing Office. 

‘‘(2) Paragraph (1) does not apply to (A) individual 

printing orders costing not more than $1,000, if the 

work is not of a continuing or repetitive nature, and, as 

certified by the Public Printer, if the work is included 

in a class of work which cannot be provided more economically through the Government Printing Office, (B) 

printing for the Central Intelligence Agency, the Defense Intelligence Agency, National Geospatial-Intelligence Agency, or the National Security Agency, or (C) 

printing from other sources that is specifically authorized by law. 

‘‘(3) As used in this section, the term ‘printing’ includes the processes of composition, platemaking, 

presswork, duplicating, silk screen processes, binding, 

microform, and the end items of such processes.’’ 

Similar provisions were contained in the following 

prior appropriation acts: 

Pub. L. 101–520, title II, §206, Nov. 5, 1990, 104 Stat. 

2274; repealed by Pub. L. 102–392, title II, §207(b), Oct. 6, 

1992, 106 Stat. 1720. 

Pub. L. 101–163, title III, §308, Nov. 21, 1989, 103 Stat. 

1065. 

Pub. L. 100–458, title III, §309, Oct. 1, 1988, 102 Stat. 

2184. 

Pub. L. 100–202, §101(i) [title III, §309], Dec. 22, 1987, 

101 Stat. 1329–310. 

§ 502. Procurement of printing, binding, and 

blank-book work by Public Printer 

Printing, binding, and blank-book work authorized by law, which the Public Printer is not 

able or equipped to do at the Government Printing Office, may be produced elsewhere under 

contracts made by him with the approval of the 

Joint Committee on Printing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1243.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §111a (Feb. 28, 1929, ch. 

367, §1, 45 Stat. 1400). 

CONTRACT GOAL FOR DISADVANTAGED SMALL

BUSINESSES IN PRINTING-RELATED SERVICES

Pub. L. 100–456, div. A, title VIII, §843, Sept. 29, 1988, 

102 Stat. 2026, as amended by Pub. L. 101–574, title IV, 

§401, Nov. 15, 1990, 104 Stat. 2832; Pub. L. 102–484, div. A, 

title VIII, §§801(h)(6), 806, Oct. 23, 1992, 106 Stat. 2445, 

2448, provided that: 

‘‘(a) TEST PROGRAM.—The Public Printer shall establish and carry out a test program for increasing its 

award of contracts to small and disadvantaged businesses for the printing, binding, and related services 

needed by the Department of Defense. The program 

shall have a goal of procuring in each such fiscal year 

from such businesses printing, binding, and related 

services equivalent to not more than 5 percent of the 

value of the printing, binding, and related services 

which were procured in the preceding fiscal year by the 

Government Printing Office from non-Government 

sources for the Department of Defense. The Public 

Printer may use such procurement procedures as he 

considers necessary to facilitate achievement of such 

goal. 

‘‘(b) COVERED ENTITIES.—In this section, the term 

‘small and disadvantaged businesses’ means the small 

business concerns, historically Black colleges and universities, and minority institutions described in section 2323(a) of title 10, United States Code. 

‘‘(c) ENFORCEMENT.—Any person who, for the purpose 

of securing a contract under subsection (a), misrepresents the status of any concern or person as a small 

business concern referred to in subsection (b), is subject 

to the penalties set forth in section 2323(f) of title 10, 

United States Code. 

‘‘(d) DEPARTMENT OF DEFENSE GOALS.—For the purpose of determining whether the Department of Defense 

has attained the goals set forth in section 2323 of title 

10, United States Code, the Secretary of Defense may 

count any procurements by the Public Printer in the 

program established under subsection (a). 

‘‘(e) DURATION OF TEST.—The test program established by subsection (a) shall not apply to solicitations 

issued on or after October 1, 2000.’’ 

§ 503. Printing in veterans’ hospitals 

(a) Notwithstanding section 501 of this title, 

the Secretary of Veterans Affairs may use the 

equipment described in subsection (b) for printing and binding that the Secretary finds advisable for the use of the Department of Veterans 

Affairs. 

(b) The equipment referred to in subsection (a) 

is the printing and binding equipment that the 

various hospitals and homes of the Department 

of Veterans Affairs use for occupational therapy. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1243; Pub. 

L. 102–54, §13(r), June 13, 1991, 105 Stat. 282.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §111b (June 16, 1933, 

ch. 101, §1, 48 Stat. 302; Feb. 2, 1935, ch. 3, §1, 49 Stat. 

18; Mar. 19, 1936, ch. 156, §1, 49 Stat. 1182). 

AMENDMENTS

1991—Pub. L. 102–54 amended section generally. Prior 

to amendment, section read as follows: ‘‘Notwithstanding section 501 of this title, the Administrator of 

Veterans’ Affairs may utilize the printing and binding 

equipment that the various hospitals and homes of the 

Veterans’ Administration use for occupational therapy, 

for printing and binding which he finds advisable for 

the use of the Veterans’ Administration.’’ 

§ 504. Direct purchase of printing, binding, and 

blank-book work by Government agencies 

The Joint Committee on Printing may permit 

the Public Printer to authorize an executive department, independent office, or establishment 

of the Government to purchase direct for its use 

such printing, binding, and blank-book work, 

otherwise authorized by law, as the Government 

Printing Office is not able or suitably equipped 

to execute or as may be more economically or in 

the better interest of the Government executed 

elsewhere. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1243.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §14 (Jan. 12, 1895, ch. 

23, §12, 28 Stat. 602; July 8, 1935, ch. 374, §1, 49 Stat. 475; 

Oct. 31, 1951, ch. 654, §3(10), 65 Stat. 708). 

§ 505. Sale of duplicate plates 

The Public Printer shall sell, under regulations of the Joint Committee on Printing to persons who may apply, additional or duplicate 

stereotype or electrotype plates from which a 

Government publication is printed, at a price 

not to exceed the cost of composition, the 

metal, and making to the Government, plus 10 

per centum, and the full amount of the price 

shall be paid when the order is filed. 

Page 15 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 509 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244; Pub. 

L. 94–553, §105(a)(1), Oct. 19, 1976, 90 Stat. 2599.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §58 (Jan. 12, 1895, ch. 

23, §52, 28 Stat. 608). 

AMENDMENTS

1976—Pub. L. 94–553 struck out provision that a publication could not be copyrighted if it was reprinted from 

additional or duplicate plates purchased from the Government from which Government publications had been 

printed or if it was reprinted from other Government 

publications. 

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94–553 effective Jan. 1, 1978, 

see section 102 of Pub. L. 94–553, set out as an Effective 

Date note preceding section 101 of Title 17, Copyrights. 

§ 506. Time for printing documents or reports 

which include illustrations or maps 

A document or report to be illustrated or accompanied by maps may not be printed by the 

Public Printer until the illustrations or maps 

designed for it are ready for publication. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §115 (part) (Jan. 12, 

1895, ch. 23, §80, 28 Stat. 621). 

This section incorporates only the first clause of 

former section 115. The balance will be found in section 

507 of the revision. 

§ 507. Orders for printing to be acted upon within one year 

An order for public printing may not be acted 

upon by the Public Printer after the expiration 

of one year unless the entire copy and illustrations for the work have been furnished within 

that period. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §115 (part) (Jan. 12, 

1895, ch. 23, §80, 28 Stat. 621). 

This section incorporates only the second clause of 

former section 115. The balance will be found in section 

506 of the revision. 

§ 508. Annual estimates of quantity of paper required for public printing and binding 

At the beginning of each session of Congress, 

the Public Printer shall submit to the Joint 

Committee on Printing estimates of the quantity of paper of all descriptions required for the 

public printing and binding during the ensuing 

year. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §36 (Jan. 12, 1895, ch. 

23, §26, 28 Stat. 604). 

§ 509. Standards of paper; advertisements for 

proposals; samples 

The Joint Committee on Printing shall fix 

upon standards of paper for the different descriptions of public printing and binding, and 

the Public Printer, under their direction, shall 

advertise in six newspapers or trade journals, 

published in different cities, for sealed proposals 

to furnish the Government with paper, as specified in the schedule to be furnished applicants 

by the Public Printer, setting forth in detail the 

quality and quantities required for the public 

printing. The Public Printer shall furnish samples of the standard of papers fixed upon to applicants who desire to bid. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §5 (Jan. 12, 1895, ch. 

23, §3, 28 Stat. 601; Mar. 3, 1925, ch. 421, §1, 43 Stat. 1105). 

NATIONAL POLICY ON PERMANENT PAPERS

Pub. L. 101–423, Oct. 12, 1990, 104 Stat. 912, provided 

that: 

‘‘Whereas it is now widely recognized and scientifically 

demonstrated that the acidic papers commonly used 

for more than a century in documents, books, and 

other publications are self-destructing and will continue to self destruct; 

‘‘Whereas Americans are facing the prospect of continuing to lose national, historical, scientific, and 

scholarly records, including government records, 

faster than salvage efforts can be mounted despite 

the dedicated efforts of many libraries, archives, and 

agencies, such as the Library of Congress and the National Archives and Records Administration; 

‘‘Whereas nationwide hundreds of millions of dollars 

will have to be spent by the Federal, State, and local 

governments and private institutions to salvage the 

most essential books and other materials in the libraries and archives of government, academic, and 

private institutions; 

‘‘Whereas paper manufacturers can produce a sufficient 

supply of acid free permanent papers with a life of 

several hundred years, at prices competitive with 

acid papers, if publishers would specify the use of 

such papers, and some publishers and many university presses are already publishing on acid free permanent papers; 

‘‘Whereas most Government agencies do not require the 

use of acid free permanent papers for appropriate 

Federal records and publications; 

‘‘Whereas librarians, publishers, and other professional 

groups have urged the use of acid free permanent papers; 

‘‘Whereas even when books are printed on acid free permanent paper this fact is often not made known to libraries by notations in the book or by notations in 

standard bibliographic listings; and 

‘‘Whereas there is an urgent need to prevent the continuance of the acid paper problem in the future: 

Now, therefore, be it 

‘‘Resolved by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

‘‘SECTION 1. It is the policy of the United States that 

Federal records, books, and publications of enduring 

value be produced on acid free permanent papers. 

‘‘SEC. 2. The Congress of the United States urgently 

recommends that— 

‘‘(1) Federal agencies require the use of acid free 

permanent papers for publications of enduring value 

produced by the Government Printing Office or produced by Federal grant or contract, using the specifications for such paper established by the Joint 

Committee on Printing; 

‘‘(2) Federal agencies require the use of archival 

quality acid free papers for permanently valuable 

Federal records and confer with the National Archives and Records Administration on the requirements for paper quality; 

‘‘(3) American publishers and State and local governments use acid free permanent papers for publications of enduring value, in voluntary compliance with 

the American National Standard; 

§ 510 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 16 

1So in original. Probably should be capitalized. 

‘‘(4) all publishers, private and governmental, 

prominently note the use of acid free permanent 

paper in books, advertisements, catalogs, and standard bibliographic listings; and 

‘‘(5) the Secretary of State, Librarian of Congress, 

Archivist of the United States, and other Federal officials make known the national policy regarding 

acid free permanent papers to foreign governments 

and appropriate international agencies since the acid 

paper problem is worldwide and essential foreign materials being imported by our libraries are printed on 

acid papers. 

‘‘SEC. 3. The Librarian of Congress, the Archivist of 

the United States, and the Public Printer shall jointly 

monitor the Federal Government’s progress in implementing the national policy declared in section 1 regarding acid free permanent papers and shall report to 

the Congress regarding such progress on December 31, 

1991, December 31, 1993, and December 31, 1995. In carrying out the monitoring and reporting functions under 

this section, the Librarian of Congress, the Archivist of 

the United States, and the Public Printer may consult 

with the National Endowment for the Humanities, National Agricultural Library, National Library of Medicine, other Federal and State agencies, international 

organizations, private publishers, paper manufacturers, 

and other organizations with an interest in preservation of books and historical papers.’’ 

§ 510. Specifications in advertisements for paper 

The advertisements for proposals shall specify 

the minimum portion of each quality of paper 

required for either three months, six months, or 

one year, as the Joint Committee on Printing 

determines; but when the minimum portion so 

specified exceeds, in any case, one thousand 

reams, it shall state that proposals will be received for one thousand reams or more. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1954 ed., §6 (Jan. 12, 1895, ch. 

23, §4, 28 Stat. 601). 

§ 511. Opening bids; bonds 

The sealed proposals to furnish paper and envelopes shall be opened in the presence of the 

Joint Committee on Printing who shall award 

the contracts to the lowest and best bidder for 

the interest of the Government. The committee 1

may not consider a proposal that is not accompanied by a bond with security or certified 

check in the amount of $5,000, guaranteeing that 

the bidder if his proposal is accepted, will enter 

into a formal contract with the United States to 

furnish the paper or envelopes specified. The 

Committee may not consider a proposal from a 

person unknown to it unless accompanied by 

satisfactory evidence that he is a manufacturer 

of or dealer in the description of paper or envelopes proposed to be furnished. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §7 (Jan. 12, 1895, ch. 

23, §5, 28 Stat. 602; June 16, 1938, ch. 477, §3, 52 Stat. 761). 

§ 512. Approval of paper contracts; time for performance; bonds 

A contract for furnishing paper is not valid 

until approved by the Joint Committee on 

Printing. The award of a contract for furnishing 

paper shall designate a reasonable time for its 

performance. The contractor shall give bond in 

an amount fixed and approved by the Committee. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1244.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §8 (Jan. 12, 1895, ch. 

23, §6, 28 Stat. 602; Mar. 3, 1917, ch. 163, §6, 39 Stat. 1121). 

§ 513. Comparison of paper and envelopes with 

standard quality 

The Public Printer shall compare every lot of 

paper and envelopes delivered by a contractor 

with the standard of quality fixed upon by the 

Joint Committee on Printing, and may not accept paper or envelopes which do not conform to 

it in every particular. A lot of delivered paper or 

envelopes which does not conform to the standard of quality may be accepted by the Committee at a discount that in its opinion is sufficient to protect the interests of the Government. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1245.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §9 (Jan. 12, 1895, ch. 

23, §7, 28 Stat. 602; June 20, 1936, ch. 630, title VIII, §13, 

49 Stat. 1553). 

§ 514. Determination of quality of paper 

The Joint Committee on Printing shall determine differences of opinion between the Public 

Printer and a contractor for paper respecting 

the paper’s quality; and the decision of the Committee is final as to the United States. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1245.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §10 (Jan. 12, 1895, ch. 

23, §8, 28 Stat. 602; Mar. 3, 1917, ch. 163, §6, 39 Stat. 1121). 

§ 515. Default of contractor; new contracts and 

purchase in open market 

If a contractor fails to comply with his contract, the Public Printer shall report the default 

to the Joint Committee on Printing, and under 

its direction, enter into a new contract with the 

lowest, best, and most responsible bidder for the 

interest of the Government among those whose 

proposals were rejected at the last opening of 

bids, or he shall advertise for new proposals, 

under the regulations provided by sections 

509–517 of this title. During the interval that 

may thus occur he may, under the direction of 

the Joint Committee on Printing, purchase in 

open market, at the lowest market price, paper 

necessary for the public printing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1245.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §11 (Jan. 12, 1895, ch. 

23, §9, 28 Stat. 602; Mar. 3, 1917, ch. 163, §6, 39 Stat. 1121). 

§ 516. Liability of defaulting contractor 

Upon failure to furnish paper, a contractor and 

his sureties shall be responsible for any increase 

of cost to the Government in procuring a supply 

Page 17 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 701 

of the paper consequent upon his default. The 

Public Printer shall report every default, with a 

full statement of all the facts in the case, to the 

General Counsel for the Department of the 

Treasury, who shall prosecute the defaulting 

contractor and his sureties upon their bond in 

the district court of the United States in the 

district in which the defaulting contractor resides. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1245.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §12 (Jan. 12, 1895, ch. 

23, §10, 28 Stat. 602; Mar. 3, 1911, ch. 231, §291, 36 Stat. 

1167; May 10, 1934, ch. 277, §512(b), 48 Stat. 759). 

§ 517. Purchase of paper in open market 

The Joint Committee on Printing may authorize the Public Printer to purchase paper in open 

market when they consider the quantity required so small or the want so immediate as not 

to justify advertisement for proposals. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1245.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §13 (Jan. 12, 1895, ch. 

23, §11, 28 Stat. 602; Mar. 3, 1917, ch. 163, §6, 39 Stat. 

1121). 

CHAPTER 7—CONGRESSIONAL PRINTING 

AND BINDING 

Sec. 

701. ‘‘Usual number’’ of documents and reports; 

distribution of House and Senate documents 

and reports; binding; reports on private 

bills; number of copies printed; distribution. 

702. Extra copies of documents and reports. 

703. Printing extra copies. 

704. Reprinting bills, laws, and reports from committees not exceeding fifty pages. 

705. Duplicate orders to print. 

706. Bills and resolutions: number and distribution. 

707. Bills and resolutions: style and form. 

708. Bills and resolutions: binding sets for Congress. 

709. Public and private laws, postal conventions, 

and treaties. 

710. Copies of Acts furnished to Public Printer. 

711. Printing Acts, joint resolutions, and treaties. 

712. Printing of postal conventions. 

713. Journals of Houses of Congress. 

714. Printing documents for Congress in two or 

more editions; printing of full number and 

allotment of full quota. 

715. Senate and House documents and reports for 

Department of State. 

716. Printing of documents not provided for by 

law. 

717. Appropriation chargeable for printing of document or report by order of Congress. 

718. Lapse of authority to print. 

719. Classification and numbering of publications 

ordered printed by Congress; designation of 

publications of departments; printing of 

committee hearings. 

720. Senate and House Manuals. 

721. Congressional Directory. 

722. Congressional Directory: sale. 

723. Memorial addresses: preparation; distribution. 

724. Memorial addresses: illustrations. 

725. Statement of appropriations; ‘‘usual number’’. 

Sec. 

726. Printing for committees of Congress. 

727. Committee reports: indexing and binding. 

728. United States Statutes at Large: distribution. 

729. United States Statutes at Large: references 

in margins. 

730. Distribution of documents to Members of 

Congress. 

731. Allotments of public documents printed after 

expiration of terms of Members of Congress; 

rights of retiring Members to documents. 

732. Time for distribution of documents by Members of Congress extended. 

733. Documents and reports ordered by Members 

of Congress; franks and envelopes for Members of Congress. 

734. Stationery and blank books for Congress. 

735. Binding for Senators. 

736. Binding at expense of Members of Congress. 

737. Binding for Senate library. 

738. Binding of publications for distribution to libraries. 

739. Senate and House document rooms; superintendents. 

740. Senate Service Department and House Publications Distribution Service; superintendents. 

741. Disposition of documents stored at Capitol. 

AMENDMENTS

1996—Pub. L. 104–186, title II, §223(4)(B), Aug. 20, 1996, 

110 Stat. 1751, substituted ‘‘Senators’’ for ‘‘Members of 

Congress’’ in item 735. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 701. ‘‘Usual number’’ of documents and reports; 

distribution of House and Senate documents 

and reports; binding; reports on private bills; 

number of copies printed; distribution 

(a) The order by either House of Congress to 

print a document or report shall signify the 

‘‘usual number’’ of copies for binding and distribution among those entitled to receive them. 

A greater number may not be printed unless ordered by either House, or as provided by this 

section. When a special number of a document 

or report is ordered printed, the usual number 

shall also be printed, unless already ordered. 

(b) The ‘‘usual number’’ of documents and reports shall be one thousand six hundred and 

eighty-two copies, which shall be printed at one 

time and distributed as follows: 

Of the House documents and reports, unbound—to the Senate document room, one hundred and fifty copies; to the office of the Secretary of the Senate, ten copies; to the House 

document room, not to exceed five hundred copies; to the office of the Clerk of the House of 

Representatives, twenty copies; to the Library 

of Congress, ten copies, as provided by section 

1718 of this title. 

Of the Senate documents and reports, unbound—to the Senate document room, two hundred and twenty copies; office of the Secretary 

of the Senate, ten copies; to the House document room, not to exceed five hundred copies; to 

the Clerk’s office of the House of Representatives, ten copies; to the Library of Congress, ten 

copies, as provided by section 1718 of this title. 

§ 702 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 18 

(c) Of the number printed, the Public Printer 

shall bind a sufficient number of copies for distribution as follows: 

Of the House documents and reports, bound— 

to the Senate library, fifteen copies; to the Library of Congress, not to exceed one hundred 

and fifty copies, as provided by section 1718 of 

this title; to the House of Representatives library, fifteen copies; to the Superintendent of 

Documents, as many copies as are required for 

distribution to the State libraries and designated depositories. 

Of the Senate documents and reports, bound— 

to the Senate library, fifteen copies; to the Library of Congress, copies as provided by sections 

1718 and 1719 of this title; to the House of Representatives library, fifteen copies; to the Superintendent of Documents, as many copies as may 

be required for distribution to State libraries 

and designated depositories. In binding documents the Public Printer shall give precedence 

to those that are to be distributed to libraries 

and to designated depositories. But a State library or designated depository entitled to documents that may prefer to have its documents in 

unbound form, may do so by notifying the Superintendent of Documents to that effect prior 

to the convening of each Congress. 

(d) The usual number of reports on private 

bills, concurrent or simple resolutions, may not 

be printed. Instead there shall be printed of each 

Senate report on a private bill, simple or concurrent resolution, in addition to those required 

to be furnished the Library of Congress, three 

hundred and forty-five copies, which shall be 

distributed as follows: to the Senate document 

room, two hundred and twenty copies; to the 

Secretary of the Senate, fifteen copies; to the 

House document room, one hundred copies; to 

the Superintendent of Documents, ten copies; 

and of each House report on a private bill, simple or concurrent resolution, in addition to 

those for the Library of Congress, two hundred 

and sixty copies, which shall be distributed as 

follows: to the Senate document room, one hundred and thirty-five copies; to the Secretary of 

the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of Documents, ten copies. 

This section does not prevent the binding of 

all Senate and House reports in the reserve volumes bound for and delivered to the Senate and 

House libraries, nor abridge the right of the Vice 

President, Senators, Representatives, Resident 

Commissioner, Secretary of the Senate, and 

Clerk of the House to have bound in half morocco, or material not more expensive, one copy 

of every public document to which he may be 

entitled. At least twelve copies of each report on 

bills for the payment or adjudication of claims 

against the Government shall be kept on file in 

the Senate document room. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1246.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §131 (Jan. 12, 1895, ch. 

23, §54, 28 Stat. 608; Mar. 2, 1901, No. 16, §§1, 2, 31 Stat. 

1464; Jan. 20, 1905, ch. 50, §1, 33 Stat. 610; Mar. 1, 1907, 

ch. 2284, §4, 34 Stat. 1014; Jan. 15, 1908, No. 3, §2, 35 Stat. 

566; Mar. 4, 1909, ch. 317, 35 Stat. 1067; June 25, 1910, ch. 

439, 36 Stat. 868; Mar. 3, 1925, ch. 421, §§6, 7, 43 Stat. 1106; 

June 20, 1936, ch. 630, title IV, §6, 49 Stat. 1550; Proc. No. 

2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352). 

CONGRESSIONAL PRINTING AND BINDING SERVICES FOR

THE HOUSE OF REPRESENTATIVES—APPROPRIATIONS

AND STUDY

Pub. L. 106–554, §1(a)(2) [title I, §111], Dec. 21, 2000, 114 

Stat. 2763, 2763A–110, provided that: 

‘‘(a) CONGRESSIONAL PRINTING AND BINDING FOR THE

HOUSE THROUGH CLERK OF HOUSE.— 

‘‘(1) IN GENERAL.—Notwithstanding any provision of 

title 44, United States Code, or any other law, there 

are authorized to be appropriated to the Clerk of the 

House of Representatives such sums as may be necessary for congressional printing and binding services 

for the House of Representatives. 

‘‘(2) PREPARATION OF ESTIMATES.—Estimated expenditures and proposed appropriations for congressional printing and binding services shall be prepared 

and submitted by the Clerk of the House of Representatives in accordance with title 31, United 

States Code, in the same manner as estimates and requests are prepared for other legislative branch services under such title, except that such requests shall 

be based upon the results of the study conducted 

under subsection (b) (with respect to any fiscal year 

covered by such study). 

‘‘(3) EFFECTIVE DATE.—This subsection shall apply 

with respect to fiscal year 2003 and each succeeding 

fiscal year. 

‘‘(b) STUDY.— 

‘‘(1) IN GENERAL.—During fiscal year 2001, the Clerk 

of the House of Representatives shall conduct a comprehensive study of the needs of the House for congressional printing and binding services during fiscal 

year 2003 and succeeding fiscal years (including transitional issues during fiscal year 2002), and shall include in the study an analysis of the most cost-effective program or programs for providing printed or 

other media-based publications for House uses. 

‘‘(2) SUBMISSION TO COMMITTEES.—The Clerk shall 

submit the study conducted under paragraph (1) to 

the Committee on House Administration of the House 

of Representatives, who shall review the study and 

prepare such regulations or other materials (including proposals for legislation) as it considers appropriate to enable the Clerk to carry out congressional 

printing and binding services for the House in accordance with this section. 

‘‘(c) DEFINITION.—In this section, the term ‘congressional printing and binding services’ means the following services: 

‘‘(1) Authorized printing and binding for the Congress and the distribution of congressional information in any format. 

‘‘(2) Preparing the semimonthly and session index 

to the Congressional Record. 

‘‘(3) Printing and binding of Government publications authorized by law to be distributed to Members 

of Congress. 

‘‘(4) Printing, binding, and distribution of Government publications authorized by law to be distributed 

without charge to the recipient.’’ 

§ 702. Extra copies of documents and reports 

Copies in addition to the ‘‘usual number’’ of 

documents and reports shall be printed promptly when ready for publication, and may be bound 

in paper or cloth as the Joint Committee on 

Printing directs. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1247.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964, ed., §§132, 134 (Jan. 12, 

1895, ch. 23, §§2, 73, 28 Stat. 601, 612, Mar. 1, 1907, ch. 2284, 

§1, 34 Stat. 1013). 

Page 19 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 707 

§ 703. Printing extra copies 

Orders for printing copies in addition to the 

‘‘usual number’’, otherwise than provided for by 

this section, shall be by simple, concurrent, or 

joint resolution. Either House may print extra 

copies to the amount of $1,200 by simple resolution; if the cost exceeds that sum, the printing 

shall be ordered by concurrent resolution, unless 

the resolution is self-appropriating, when it 

shall be by joint resolution. Resolutions, when 

presented to either House, shall be referred to 

the Committee on House Oversight of the House 

of Representatives or the Committee on Rules 

and Administration of the Senate, who, in making their report, shall give the probable cost of 

the proposed printing upon the estimate of the 

Public Printer; and extra copies may not be 

printed before the committee has reported. The 

printing of additional copies may be performed 

upon orders of the Joint Committee on Printing 

within a limit of $700 in cost in any one instance. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1247; Pub. 

L. 104–186, title II, §223(2), Aug. 20, 1996, 110 Stat. 

1751.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §133 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 1013; 

Apr. 19, 1949, ch. 72, 63 Stat. 48). 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘House Oversight’’ 

for ‘‘House Administration’’. 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

§ 704. Reprinting bills, laws, and reports from 

committees not exceeding fifty pages 

When the supply is exhausted, the Secretary 

of the Senate and the Clerk of the House of Representatives may order the reprinting of not 

more than one thousand copies of a pending bill, 

resolution, or public law, not exceeding fifty 

pages, or a report from a committee or congressional commission on pending legislation not accompanied by testimony or exhibits or other appendices and not exceeding fifty pages. The Public Printer shall require each requisition for reprinting to cite the specific authority of law for 

its execution. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1248.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §137 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 

1012). 

§ 705. Duplicate orders to print 

The Public Printer shall examine the orders of 

the Senate and House of Representatives for 

printing, and in case of duplication shall print 

under the first order received. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1248.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §135 (Jan. 12, 1895, ch. 

23, §53, 28 Stat. 608). 

§ 706. Bills and resolutions: number and distribution 

There shall be printed of each Senate and 

House public bill and joint resolution six hundred and twenty-five copies, which shall be distributed as follows: 

to the Senate document room, two hundred 

and twenty-five copies; 

to the office of Secretary of Senate, fifteen 

copies; 

to the House document room, three hundred 

and eighty-five copies. 

There shall be printed of each Senate private 

bill, when introduced, when reported, and when 

passed, three hundred copies, which shall be distributed as follows: 

to the Senate document room, one hundred 

and seventy copies; 

to the Secretary of the Senate, fifteen copies; 

to the House document room, one hundred 

copies; 

to the Superintendent of Documents, ten 

copies. 

There shall be printed of each House private 

bill, when introduced, when reported, and when 

passed two hundred and sixty copies, which shall 

be distributed as follows: 

to the Senate document room, one hundred 

and thirty-five copies; 

to the Secretary of the Senate, fifteen copies; 

to the House document room, one hundred 

copies; 

to the Superintendent of Documents, ten 

copies. 

Bills and resolutions shall be printed in bill 

form, and, unless specially ordered by either 

House shall be printed only when referred to a 

committee, when favorably reported back, and 

after their passage by either House. 

Of concurrent and simple resolutions, when reported, and after their passage by either House, 

only two hundred and sixty copies shall be printed, except by special order, and shall be distributed as follows: 

to the Senate document room, one hundred 

and thirty-five copies; 

to the Secretary of the Senate, fifteen copies; 

to the House document room, one hundred 

copies; 

to the Superintendent of Documents, ten 

copies. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1248.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §189 (Jan. 12, 1895, ch. 

23, §55, 28 Stat. 609; Jan. 20, 1905, ch. 50, §2, 22 Stat. 611). 

§ 707. Bills and resolutions: style and form 

Subject to sections 205 and 206 of Title 1, the 

Joint Committee on Printing may authorize the 

printing of a bill or resolution, with index and 

ancillaries, in the style and form the Joint Committee on Printing considers most suitable in 

the interest of economy and efficiency, and to so 

continue until final enactment in both Houses of 

Congress. The committee may also curtail the 

§ 708 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 20 

number of copies of bills or resolutions, including the slip form of a public Act or public resolution. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1248.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §189a (June 13, 1934, 

ch. 483, §3, 48 Stat. 948). 

§ 708. Bills and resolutions: binding sets for Congress 

The Public Printer shall bind four sets of Senate and House of Representatives bills, joint and 

concurrent resolutions of each Congress, two for 

the Senate and two for the House, to be furnished him from the files of the Senate and 

House document room, the volumes when bound 

to be kept there for reference. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §190 (Jan. 12, 1895, ch. 

23, §82, 28 Stat. 622). 

§ 709. Public and private laws, postal conventions, and treaties 

The Public Printer shall print in slip form 

copies of public and private laws, postal conventions, and treaties, to be charged to the congressional allotment for printing and binding. The 

Joint Committee on Printing shall control the 

number and distribution of copies. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §191 (Jan. 12, 1895, ch. 

23, §56, 28 Stat. 609; July 10, 1952, ch. 632, §7, 66 Stat. 

541). 

§ 710. Copies of Acts furnished to Public Printer 

The Archivist of the United States shall furnish to the Public Printer a copy of every Act 

and joint resolution, as soon as possible after its 

approval by the President, or after it has become a law under the Constitution without his 

approval. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249; Pub. 

L. 98–497, title I, §107(b)(1), Oct. 19, 1984, 98 Stat. 

2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §191a (R.S. §210; June 

20, 1874, ch. 328, 18 Stat. 88; 1950 Reorg. Plan No. 20, §1, 

eff. May 24, 1950; 15 F.R. 3178, 64 Stat. 1272). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 711. Printing Acts, joint resolutions, and treaties 

The Public Printer, on receiving from the Archivist of the United States a copy of an Act or 

joint resolution, or from the Secretary of State, 

a copy of a treaty, shall print an accurate copy 

and transmit it in duplicate to the Archivist of 

the United States or to the Secretary of State, 

as the case may be, for revision. On the return 

of one of the revised duplicates, he shall make 

the marked corrections and print the number 

specified by section 709 of this title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249; Pub. 

L. 98–497, title I, §107(b)(1), Oct. 19, 1984, 98 Stat. 

2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §192 (R.S. §3805; Jan. 

12, 1895, ch. 23, §56, 28 Stat. 609; 1950 Reorg. Plan No. 20, 

§1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’ wherever appearing. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 712. Printing of postal conventions 

The Public Printer, on receiving from the 

Postmaster General a copy of a postal convention between the Postmaster General, on the 

part of the United States, and an equivalent officer of a foreign government, shall print an accurate copy and transmit it in duplicate to the 

Postmaster General. On the return of one of the 

revised duplicates, he shall make the marked 

corrections and print the number specified by 

section 709 of this title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §193 (R.S. §3806; June 

20, 1874, ch. 328, §1, 18 Stat. 88; Jan. 12, 1895, ch. 23, §56, 

28 Stat. 609). 

TRANSFER OF FUNCTIONS

Office of Postmaster General of Post Office Department abolished and functions, powers, and duties of 

Postmaster General transferred to United States Postal Service by Pub. L. 91–375, §4(a), Aug. 12, 1970, 84 Stat. 

773, set out as a note under section 201 of Title 39, Postal Service. 

§ 713. Journals of Houses of Congress 

There shall be printed of the Journals of the 

Senate and House of Representatives eight hundred and twenty copies, which shall be distributed as follows: 

to the Senate document room, ninety copies 

for distribution to Senators, and twenty-five 

additional copies; 

to the Senate library, ten copies; 

to the House document room, three hundred 

and sixty copies for distribution to Members, 

and twenty-five additional copies; 

to the Department of State, four copies; 

to the Superintendent of Documents, one 

hundred and forty-four copies to be distributed 

to three libraries in each of the States to be 

designated by the Superintendent of Documents; and 

to the Library of the House of Representatives, ten copies. 

Page 21 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 719 

The remaining number of the Journals of the 

Senate and House of Representatives, consisting 

of twenty-five copies, shall be furnished to the 

Secretary of the Senate and the Clerk of the 

House of Representatives, respectively, as the 

necessities of their respective offices require, as 

rapidly as signatures are completed for distribution. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249; Pub. 

L. 97–164, title I, §158, Apr. 2, 1982, 96 Stat. 47.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §147 (Jan. 12, 1895, ch. 

23, §57, 28 Stat. 609; Mar. 2, 1901, No. 16, §§1, 2, 31 Stat. 

1464). 

AMENDMENTS

1982—Pub. L. 97–164 substituted ‘‘eight hundred and 

twenty’’ for ‘‘eight hundred and twenty-two’’ as total 

number of Journals printed and struck out provision 

that directed that two copies be distributed to the 

Court of Claims. 

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, 

see section 402 of Pub. L. 97–164, set out as a note under 

section 171 of Title 28, Judiciary and Judicial Procedure. 

§ 714. Printing documents for Congress in two or 

more editions; printing of full number and 

allotment of full quota 

The Joint Committee on Printing shall establish rules to be observed by the Public Printer, 

by which public documents and reports printed 

for Congress, or either House, may be printed in 

two or more editions, to meet the public requirements. The aggregate of the editions may 

not exceed the number of copies otherwise authorized. This section does not prevent the 

printing of the full number of a document or report, or the allotment of the full quota to Senators and Representatives, as otherwise authorized, when a legitimate demand for the full complement is known to exist. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1250.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §136 (Mar. 30, 1906, No. 

14, 34 Stat. 826). 

§ 715. Senate and House documents and reports 

for Department of State 

The Public Printer shall print, in addition to 

the usual number, and furnish the Department 

of State twenty copies of each Senate and House 

of Representatives document and report. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1250.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §138 (Feb. 7, 1896, No. 

14, 29 Stat. 463). 

§ 716. Printing of documents not provided for by 

law 

Either House may order the printing of a document not already provided for by law, when accompanied by an estimate from the Public 

Printer as to the probable cost. An executive department, bureau, board, or independent office 

of the Government submitting reports or documents in response to inquiries from Congress 

shall include an estimate of the probable cost of 

printing to the usual number. This section does 

not apply to reports or documents not exceeding 

fifty pages. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1250.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §140 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 

1013). 

§ 717. Appropriation chargeable for printing of 

document or report by order of Congress 

The cost of the printing of a document or report printed by order of Congress which, under 

section 1107 of this title, cannot be properly 

charged to another appropriation or allotment 

of appropriation already made, upon order of the 

Joint Committee on Printing, shall be charged 

to the allotment of appropriation for printing 

and binding for Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1250.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §144 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 

1013). 

§ 718. Lapse of authority to print 

The authority to print a document or report, 

or a publication authorized by law to be printed, 

for distribution by Congress, shall lapse when 

the whole number of copies has not been ordered 

within two years from the date of the original 

order, except orders for subsequent editions, approved by the Joint Committee on Printing, in 

which case the whole number may not exceed 

that originally authorized by law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1250.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §141 (Mar. 1, 1907, ch. 

2284, §5, 34 Stat. 1014). 

§ 719. Classification and numbering of publications ordered printed by Congress; designation of publications of departments; printing 

of committee hearings 

Publications ordered printed by Congress, or 

either House, shall be in four series, namely: 

one series of reports made by the committees of the Senate, to be known as Senate reports; 

one series of reports made by the committees of the House of Representatives, to be 

known as House reports; 

one series of documents other than reports 

of committees, the orders for printing which 

originate in the Senate, to be known as Senate 

documents; and 

one series of documents other than committee reports, the orders for printing which 

originate in the House of Representatives, to 

be known as House documents. 

The publications in each series shall be consecutively numbered, the numbers in each series 

continuing in unbroken sequence throughout 

§ 720 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 22 

the entire term of a Congress, but these provisions do not apply to the documents printed for 

the use of the Senate in executive session. Of 

the ‘‘usual number’’, the copies which are intended for distribution to State libraries and 

other designated depositories of annual or serial 

publications originating in or prepared by an executive department, bureau, office, commission, 

or board may not be numbered in the document 

or report series of either House of Congress, but 

shall be designated by title and bound as provided by section 738 of this title; and the departmental edition, if any, shall be printed concurrently with the ‘‘usual number.’’ Hearings of 

committees may be printed as congressional 

documents only when specifically ordered by 

Congress or either House. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1250.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §142 (Jan. 15, 1908, No. 

3, §1, 35 Stat. 565). 

§ 720. Senate and House Manuals 

Each House may order printed as many copies 

as it desires, of the Senate Manual and of the 

Rules and Manual of the House of Representatives, even though the cost exceed $500. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1251.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §148 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 617). 

§ 721. Congressional Directory 

(a) There shall be prepared under the direction 

of the Joint Committee on Printing (1) a Congressional Directory, which shall be printed and 

distributed as early as practicable during the 

first session of each Congress and (2) a supplement to each Congressional Directory, which 

shall be printed and distributed as early as practicable during the second regular session of each 

Congress. The Joint Committee shall control 

the number and distribution of the Congressional Directory and each supplement. 

(b) One copy of the Congressional Directory 

delivered to Members of the Senate and the 

House of Representatives (including Delegates 

and the Resident Commissioner) shall be bound 

in cloth and imprinted on the cover with the 

name of the Member. Copies of the Congressional Directory delivered to depository libraries may be bound in cloth. All other copies of 

the Congressional Directory shall be bound in 

paper and names shall not be imprinted thereon, 

except that copies printed for sale under section 

722 may be bound in cloth. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1251; Pub. 

L. 95–94, title IV, §404, Aug. 5, 1977, 91 Stat. 682.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §149 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 617; July 1, 1902, ch. 1351, 32 Stat. 583). 

AMENDMENTS

1977—Pub. L. 95–94 designated existing provisions as 

subsec. (a), substituted provisions relating to distribution of initial and supplementary Directories for provisions requiring preparation of three editions of the Directory during the first session of each Congress and 

two editions during each second regular session of Congress, struck out provisions relating to distribution of 

the first edition and provisions relating to cloth binding for copies delivered to Senators and Representatives, and added subsec. (b). 

§ 722. Congressional Directory: sale 

The Public Printer, under the direction of the 

Joint Committee on Printing, may print the 

current Congressional Directory for sale at a 

price sufficient to reimburse the expense of 

printing. The money derived from sales shall be 

paid into the Treasury and accounted for in his 

annual report to Congress, and sales may not be 

made on credit. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1251.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §150 (Jan. 12, 1895 ch. 

23, §40, 28 Stat. 607). 

§ 723. Memorial addresses: preparation; distribution 

After the final adjournment of each session of 

Congress, there shall be compiled, prepared, 

printed with illustrations, and bound in cloth in 

one volume, in the style, form, and manner directed by the Joint Committee on Printing, 

without extra compensation to any employee, 

the legislative proceedings of Congress and the 

exercises at the general memorial services held 

in the House of Representatives during each session relative to the death of a Member of Congress or a former Member of Congress who 

served as Speaker, together with all relevant 

memorial addresses and eulogies published in 

the Congressional Record during the same session of Congress, and any other matter the Joint 

Committee considers relevant; and there shall 

be printed as many copies as needed to supply 

the total quantity provided for by this section, 

of which fifty copies, bound in full morocco, 

with gilt edges, suitably lettered as may be requested, shall be delivered to the family of the 

deceased, and the remaining copies shall be distributed as follows: 

of all eulogies on deceased Members of Congress to the Vice President and each Senator, 

Representative, and Resident Commissioner in 

Congress, one copy; 

of the eulogies on deceased Senators there 

shall be furnished two hundred and fifty copies 

for each Senator of the State represented by 

the deceased and twenty copies for each Representative from that State; 

of the eulogies on a deceased Representative 

and Resident Commissioner two hundred and 

fifty copies for his successor in office; twenty 

copies for each of the other Representatives, 

or Resident Commissioner of the State, or insular possession represented by the deceased; 

and twenty copies for each Senator from that 

State. 

The ‘‘usual number’’ of memorial addresses 

may not be printed. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1251; Pub. 

L. 97–51, §101(c), Oct. 1, 1981, 95 Stat. 959.) 

Page 23 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 729 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964, ed., §151 (Aug. 23, 1894, ch. 

307, 28 Stat. 447; Jan. 12, 1895, ch. 23, §73, 28 Stat. 616; 

June 20, 1936, ch. 630, title I, §1, 49 Stat. 1545). 

CODIFICATION

The 1981 amendment by Pub. L. 97–51 is based on section 4 of House Resolution 23, Ninety–seventh Congress, 

Mar. 10, 1981, as enacted into permanent law by H.R. 

4120, as reported July 9, 1981, and incorporated by reference in section 101(c) of Pub. L. 97–51, to be effective 

as if enacted into law. 

AMENDMENTS

1981—Pub. L. 97–51 inserted ‘‘or a former Member of 

Congress who served as Speaker’’ after ‘‘relative to the 

death of a Member of Congress’’. 

RESTRICTION ON NUMBER OF BOUND EULOGIES

Pub. L. 94–59, title VIII, July 25, 1975, 89 Stat. 296, provided that: ‘‘Hereafter, appropriations for authorized 

printing and binding for Congress shall not be available 

under the authority of section 723 of title 44 of the 

United States Code for the printing, publication, and 

distribution of more than fifty bound eulogies to be delivered to the family of the deceased, and in the case of 

a deceased Senator or deceased Representative (including Delegates to Congress and the Resident Commissioner from Puerto Rico), there shall be furnished to 

his successor in office two hundred and fifty copies.’’ 

§ 724. Memorial addresses: illustrations 

The illustrations to accompany bound copies 

of memorial addresses delivered in Congress 

shall be made at the Bureau of Engraving and 

Printing and paid for out of the appropriation 

for that bureau, or, in the discretion of the Joint 

Committee on Printing, shall be obtained elsewhere by the Public Printer and charged to the 

allotment for printing and binding for Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1252.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §152 (Mar. 4, 1921, ch. 

161, §1, 41 Stat. 1431). 

§ 725. Statement of appropriations; ‘‘usual number’’ 

Of the statements of appropriations required 

to be prepared by section 105 of Title 2, there 

shall be printed, after the close of each regular 

session of Congress, the usual number of copies. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1252.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §153 (Mar. 2, 1895, ch. 

189, §1, 28 Stat. 958). 

§ 726. Printing for committees of Congress 

A committee of Congress may not procure the 

printing of more than one thousand copies of a 

hearing, or other document germane thereto, for 

its use except by simple, concurrent, or joint 

resolution, as provided by section 703 of this 

title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1252.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §154 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 

1012). 

§ 727. Committee reports: indexing and binding 

The Secretary of the Senate and the Clerk of 

the House of Representatives shall procure and 

file for the use of their respective House copies 

of all reports made by committees, and at the 

close of each session of Congress shall have the 

reports indexed and bound, one copy to be deposited in the library of each House and one copy in 

the committee from which the report emanates. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1252.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §155 (Jan. 12, 1895, ch. 

23, §83, 28 Stat. 622). 

§ 728. United States Statutes at Large: distribution 

The Public Printer, after the final adjournment of each regular session of Congress, shall 

print and bind copies of the United States Statutes at Large, to be charged to the congressional 

allotment for printing and binding. The Joint 

Committee on Printing shall control the number 

and distribution of the copies. 

The Public Printer shall print and, after the 

end of each calendar year, bind and deliver to 

the Superintendent of Documents a number of 

copies of the United States Treaties and Other 

International Agreements not exceeding the 

number of copies of the United States Statutes 

at Large required for distribution in the manner 

provided by law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1252.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §196a (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 615; June 20, 1936, ch. 630, title VI, §9, 

49 Stat. 1551; June 16, 1938, ch. 477, §2, 52 Stat. 761; Sept. 

23, 1950, ch. 1001, §4, 64 Stat. 980; July 10, 1952, ch. 632, 

§2, 66 Stat. 540). 

WRITTEN REQUESTS FOR COPIES OF UNITED STATES

STATUTES AT LARGE

Pub. L. 94–440, title X, Oct. 1, 1976, 90 Stat. 1459, provided that: ‘‘Hereafter, notwithstanding any other provisions of law, appropriations for the automatic distribution to Senators and Representatives (including 

Delegates to Congress and the Resident Commissioner 

from Puerto Rico) of copies of the United States Statutes at Large shall not be available with respect to any 

Senator or Representative unless such Senator or Representative specifically, in writing, requests that he receive copies of such document.’’ 

§ 729. United States Statutes at Large: references 

in margins 

The Archivist of the United States shall include in the references in margins of the United 

States Statutes at Large the number of the bill 

or joint resolution (designating S. for Senate 

bill, H.R. for House bill, S.J. Res. for Senate 

joint resolution and H.J. Res. for House joint 

resolution, as the case may be) under which 

each Act was approved and became a law, the 

reference in the margins to be placed within 

brackets immediately under the date of the approval of the Act at the beginning of each Act as 

printed beginning with Volume 32 of the United 

States Statutes at Large. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1252; Pub. 

L. 98–497, title I, §107(b)(1), Oct. 19, 1984, 98 Stat. 

2286.) 

§ 730 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 24 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §197 (Apr. 12, 1904, No. 

20, 33 Stat. 589; 1950 Reorg. Plan No. 20, §1, eff. May 24, 

1950, 15 F.R. 3178, 64 Stat. 1272). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 730. Distribution of documents to Members of 

Congress 

When, in the division among Senators, and 

Representatives, of documents printed for the 

use of Congress there is an apportionment to 

each or either House in round numbers, the Public Printer may not deliver the full number so 

accredited at the Senate Service Department 

and House of Representatives Publications Distribution Service, but only the largest multiple 

of the number constituting the full membership 

of that House, including the Secretary and Sergeant at Arms of the Senate and Clerk and Sergeant at Arms of the House, which is contained 

in the round numbers thus accredited to that 

House, so that the number delivered divides 

evenly and without remainder among the Members of the House to which they are delivered; 

and the remainder of the documents thus resulting shall be turned over to the Superintendent 

of Documents, to be distributed by him, first, to 

public and school libraries for the purpose of 

completing broken sets; second, to public and 

school libraries that have not been supplied with 

any portions of the sets, and, lastly, by sale to 

other persons; the libraries to be named to him 

by Senators and Representatives; and in this 

distribution the Superintendent of Documents, 

as far as practicable, shall make an equal allowance to each Senator and Representative. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1253; Pub. 

L. 104–186, title II, §223(3), Aug. 20, 1996, 110 Stat. 

1751.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §157 (Jan. 12, 1895, ch. 

23, §68, 28 Stat. 612; Apr. 6, 1904, ch. 862, 33 Stat. 159; 

July 2, 1954, ch. 455, title I, §101, 68 Stat. 397). 

‘‘House of Representatives Publications Distribution 

Service’’ is substituted for ‘‘House Folding Room’’ because of the change of name under authority of Public 

Law 88–652. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘and Sergeant at 

Arms’’ for ‘‘, Sergeant at Arms, and Doorkeeper’’. 

§ 731. Allotments of public documents printed 

after expiration of terms of Members of Congress; rights of retiring Members to documents 

The Congressional allotment of public documents, other than the Congressional Record, 

printed after the expiration of the term of office 

of the Vice President of the United States, or 

Senator, Representative, or Resident Commissioner, shall be delivered to his successor in office. 

Unless the Vice President of the United 

States, a Senator, Representative, or Resident 

Commissioner, having public documents to his 

credit at the expiration of his term of office 

takes them prior to the 30th day of June next 

following the date of expiration, he shall forfeit 

them to his successor in office. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1253.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §158 (Jan. 12, 1895, ch. 

23, §72, 28 Stat. 612; Mar. 18, 1924, ch. 60, 43 Stat. 24; 

June 18, 1934, ch. 606, §1, 48 Stat. 1017). 

Words ‘‘or her’’ deleted by authority of Title 1, sec. 

1—‘‘words importing masculine gender may be applied 

to females’’. 

§ 732. Time for distribution of documents by 

Members of Congress extended 

Reelected Members may distribute public documents to their credit, or the credit of their respective districts in the Interior or other Departments and bureaus, and in the Government 

Printing Office, during their successive terms 

and until their right to frank documents ends. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1253.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §159 (June 4, 1897, ch. 

2, §1, 30 Stat. 62). 

§ 733. Documents and reports ordered by Members of Congress; franks and envelopes for 

Members of Congress 

The Public Printer on order of a Member of 

Congress, on prepayment of the cost, may reprint documents and reports of committees together with the evidence papers submitted, or 

any part ordered printed by the Congress. 

He may also furnish without cost to Members 

and the Resident Commissioner from Puerto 

Rico, blank franks printed on sheets and perforated, or singly at their option, for public documents. Franks shall contain in the upper lefthand corner the following words: ‘‘Public document. United States Senate’’ or ‘‘House of Representatives U.S.’’ and in the upper right-hand 

corner the letters ‘‘U.S.S.’’ or ‘‘M. C.’’ Franks 

may also contain information relating to missing children as provided in section 3220 of title 

39. But he may not print any other words except 

where it is desirable to affix the official title of 

a document. Other words printed on franks shall 

be at the personal expense of the Member or 

Resident Commissioner ordering them. 

At the request of a Member of Congress or 

Resident Commissioner the Public Printer may 

print upon franks or envelopes used for mailing 

public documents the facsimile signature of the 

Member or Resident Commissioner and a special 

request for return if not called for, and the name 

of the State or Commonwealth and county and 

city. The Member or Resident Commissioner 

shall deposit with his order the extra expense involved in printing these additional words. 

The Public Printer may also, at the request of 

a Member or Resident Commissioner, print on 

envelopes authorized to be furnished, the name 

of the Member or Resident Commissioner, and 

State or Commonwealth, the date, and the topic 

or subject matter, not exceeding twelve words. 

Page 25 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 738 

The Public Printer shall deposit moneys accruing under this section in the Treasury of the 

United States to the credit of the appropriation 

made for the working capital of the Government 

Printing Office for the year in which the work is 

done. He shall account for them in his annual 

report to Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1253; Pub. 

L. 93–191, §8(a), Dec. 18, 1973, 87 Stat. 745; Pub. L. 

93–255, §2(b), Mar. 27, 1974, 88 Stat. 52; Pub. L. 

99–87, §1(c)(2), Aug. 9, 1985, 99 Stat. 291.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §162 (Jan. 12, 1895, ch. 

23, §37, 28 Stat. 606; Mar. 2, 1895, ch. 189, §1, 28 Stat. 961; 

Jan. 30, 1904, ch. 39, 33 Stat. 9; Mar. 4, 1925, ch. 549, §1, 

43 Stat. 1300). 

Section 893 of Title 48, U.S. Code, provides that: ‘‘The 

Resident Commissioner of Puerto Rico shall . . . be allowed the franking privilege granted Members of Congress.’’ 

By inference he should be included in section 733, 

since the franking privilege should include the means 

to use it. 

Changes have been made in section 733 to include the 

Resident Commissioner as to printing of franks. 

AMENDMENTS

1985—Pub. L. 99–87 inserted ‘‘Franks may also contain 

information relating to missing children as provided in 

section 3220 of title 39.’’ before ‘‘But he may not print’’ 

in second par. 

1974—Pub. L. 93–255 struck out ‘‘Postage paid by Congress.’’ after ‘‘Public document.’’ in second par. 

1973—Pub. L. 93–191 substituted ‘‘Public document. 

Postage paid by Congress.’’ for ‘‘Public document. 

Free.’’ in second par. 

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93–191 effective Dec. 18, 1973, 

see section 14 of Pub. L. 93–191, set out as a note under 

section 3210 of Title 39, Postal Service. 

§ 734. Stationery and blank books for Congress 

Upon requisition of the Secretary of the Senate and the Clerk of the House of Representatives, respectively, the Public Printer shall furnish stationery, blank books, tables, forms, and 

other necessary papers preparatory to congressional legislation, required for the official use of 

the Senate and the House of Representatives, or 

their committees and officers. This does not prevent the purchase by the officers of the Senate 

and House of Representatives of stationery and 

blank books necessary for sale to Senators and 

Members in the stationery rooms of the two 

Houses as provided by law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §146 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 

1013). 

CHANGE OF NAME

Stationery room of House of Representatives redesignated Office Supply Service. 

TRANSFER OF FUNCTIONS

Certain functions of Officers of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 

423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced 

by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth 

Congress, Jan. 4, 1995. 

§ 735. Binding for Senators 

Each Senator is entitled to the binding in half 

morocco, or material not more expensive, of one 

copy of each public document to which he is entitled, an account of which shall be kept by the 

Secretary of the Senate. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254; Pub. 

L. 104–186, title II, §223(4)(A), Aug. 20, 1996, 110 

Stat. 1751.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §160 (Jan. 12, 1895, ch. 

23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 

1013). 

AMENDMENTS

1996—Pub. L. 104–186, in section catchline, substituted 

‘‘Senators’’ for ‘‘Members of Congress’’, and in text, 

substituted ‘‘Senator’’ for ‘‘Member of Congress’’ and 

struck out ‘‘and Clerk of the House of Representatives, 

respectively’’ after ‘‘Secretary of the Senate’’. 

WRITTEN REQUESTS FOR BOUND COPIES OF DOCUMENTS

Pub. L. 94–59, title VIII, July 25, 1975, 89 Stat. 296, provided that: ‘‘Hereafter, notwithstanding any other provisions of law appropriations for the binding of copies 

of public documents by Committees for distribution to 

Senators and Representatives (including Delegates to 

Congress and the Resident Commissioner from Puerto 

Rico) shall not be available for a Senator or Representative unless such Senator or Representative specifically, in writing, requests that he receive bound copies 

of any such documents.’’ 

§ 736. Binding at expense of Members of Congress 

The Public Printer may bind at the Government Printing Office books, maps, charts, or 

documents published by authority of Congress, 

upon application of a Member of Congress, and 

payment of the actual cost of binding. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §171 (Dec. 10, 1877, ch. 

6, 20 Stat. 5). 

§ 737. Binding for Senate library 

The Secretary of the Senate may make requisition upon the Public Printer for the binding 

for the Senate library of books he considers necessary, at a cost not to exceed $200 per year. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §168 (Mar. 2, 1895, ch. 

189, §1, 28 Stat. 958). 

§ 738. Binding of publications for distribution to 

libraries 

The Public Printer shall supply the Superintendent of Documents with sufficient copies of 

publications distributed in unbound form, to be 

bound and distributed to the State libraries and 

other designated depositories for their permanent files. Every publication of sufficient size on 

any one subject shall be bound separately and 

§ 739 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 26 

1Section catchline amended by Pub. L. 108–102 without corresponding amendment of analysis. 

receive the title suggested by the subject of the 

volume, and the others shall be distributed in 

unbound form as soon as printed. The library 

edition, as well as all other bound sets of congressional numbered documents and reports, 

shall be arranged in volumes and bound in the 

manner directed by the Joint Committee on 

Printing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §143 (Jan. 15, 1908, No. 

3, §2, 35 Stat. 566). 

§ 739. Senate and House document rooms; superintendents 

There shall be one document room of the Senate and one of the House of Representatives, to 

be designated, respectively, the ‘‘Senate and 

House document room.’’ Each shall be in charge 

of a superintendent, who shall be appointed by 

the Secretary of the Senate and the Clerk of the 

House, respectively, together with the necessary 

assistants. The Senate document room shall be 

under the jurisdiction of the Secretary of the 

Senate. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254; Pub. 

L. 104–186, title II, §223(5), Aug. 20, 1996, 110 Stat. 

1751.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §165 (Jan. 12, 1895, ch. 

23, §60, 28 Stat. 610; Mar. 3, 1901, ch. 830, §1, 31 Stat. 962). 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Clerk’’ for ‘‘Doorkeeper’’. 

§ 740. Senate Service Department and House 

Publications Distribution Service; superintendents 

There shall be a Senate Service Department 

and a House of Representatives Publications 

Distribution Service in the charge of superintendents, appointed respectively by the Sergeant at Arms of the Senate and Chief Administrative Officer of the House of Representatives, 

together with the necessary assistants. Reports 

or documents to be distributed for the Senators 

and Representatives shall be folded and distributed from the Senate Service Department and 

House of Representatives Publications Distribution Service, unless otherwise ordered, and the 

respective superintendent shall notify each Senator and Representative in writing once every 

sixty days of the number and character of publications on hand and assigned to him for use and 

distribution. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1255; Pub. 

L. 104–186, title II, §223(6), Aug. 20, 1996, 110 Stat. 

1751.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §166 (Jan. 12, 1895, ch. 

23, §71, 28 Stat. 612; July 2, 1954, ch. 455, title I, §101, 68 

Stat. 397). 

‘‘House of Representatives Publications Distribution 

Service’’ is substituted for ‘‘House Folding Room’’ because of the change of name under authority of Public 

Law 88–652. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Chief Administrative Officer of the House of Representatives’’ for ‘‘Doorkeeper of the House’’. 

§ 741. Disposition of documents stored at Capitol 

The Secretary and Sergeant at Arms of the 

Senate and the Clerk and Doorkeeper of the 

House of Representatives, at the convening in 

regular session of each successive Congress shall 

cause an invoice to be made of public documents 

stored in and about the Capitol, other than 

those belonging to the quota of Members of Congress, to the Library of Congress and the Senate 

and House libraries and document rooms. The 

superintendents of the Senate Service Department and House of Representatives Publications 

Distribution Service shall put the documents to 

the credit of Senators and Representatives in 

quantities equal in the number of volumes and 

as nearly as possible in value, to each Member of 

Congress, and the documents shall be distributed upon the orders of Senators and Representatives, each of whom shall be supplied by the superintendents of the Senate Service Department 

and House of Representatives Publications Distribution Service with a list of the number and 

character of the publications thus put to his 

credit, but before apportionment is made copies 

of any of these documents desired for the use of 

a committee of either House shall be delivered 

to the chairman of the committee. 

Four copies of leather-bound documents shall 

be reserved and carefully stored, to be used in 

supplying deficiencies in the Senate and House 

libraries caused by wear or loss. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1255.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §167 (Jan. 12, 1895, ch. 

23, §63, 28 Stat. 611; July 2, 1954, ch. 455, title I, §101, 68 

Stat. 397). 

‘‘Senate Service Department and House Folding 

Room’’ was substituted for ‘‘Senate and House folding 

rooms,’’ and ‘‘superintendents of the Senate Service 

Department and House Folding Room’’ was substituted 

for ‘‘superintendents of the folding rooms’’ in view of 

act July 2, 1954, which redesignated the Senate Folding 

Room as the Senate Service Department. 

Act July 2, 1954, provided in part that ‘‘hereafter’’ the 

Senate Folding Room should be known as the Senate 

Service Department. 

‘‘House of Representatives Publications Distribution 

Service’’ is substituted for ‘‘House Folding Room’’ because of the change of name under authority of Public 

Law 88–652. 

ABOLITION OF OFFICE OF DOORKEEPER

Office of Doorkeeper of House of Representatives 

abolished and functions transferred generally to Sergeant-at-Arms of House of Representatives by House 

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 

1995. 

CHAPTER 9—CONGRESSIONAL RECORD 

Sec. 

901. Congressional Record: arrangement, style, 

contents, and indexes. 

902. Congressional Record: indexes.1

903. Congressional Record: daily and permanent 

forms. 

Page 27 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 905 

904. Congressional Record: maps; diagrams; illustrations. 

905. Congressional Record: additional insertions. 

906. Congressional Record: gratuitous copies; delivery. 

907. Congressional Record: extracts for Members 

of Congress; mailing envelopes. 

908. Congressional Record: payment for printing 

extracts or other documents. 

909. Congressional Record: exchange for Parliamentary Hansard. 

910. Congressional Record: subscriptions; sale of 

current, individual numbers, and bound 

sets; postage rate. 

AMENDMENTS

1974—Pub. L. 93–314, §1(c), June 8, 1974, 88 Stat. 239, 

struck out ‘‘; subscription’’ in item 906, and substituted 

‘‘subscriptions; sale of current, individual numbers and 

bound sets; postage rate’’ for ‘‘sale of current numbers 

and bound sets’’ in item 910. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 901. Congressional Record: arrangement, style, 

contents, and indexes 

The Joint Committee on Printing shall control the arrangement and style of the Congressional Record, and while providing that it shall 

be substantially a verbatim report of proceedings, shall take all needed action for the reduction of unnecessary bulk. It shall provide for 

the publication of an index of the Congressional 

Record semimonthly during and at the close of 

sessions of Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1255.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §181 (Jan. 12, 1895, ch. 

23, §13, 28 Stat. 603). 

§ 902. Congressional Record: Indexes 

The Public Printer shall prepare the semimonthly and the session index to the Congressional Record. The Joint Committee on Printing 

shall direct the form and manner of its publication and distribution. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1256; Pub. 

L. 108–102, §1(a), Oct. 29, 2003, 117 Stat. 1198.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §182 (Jan. 12, 1895, ch. 

23, §14, 28 Stat. 603; June 20, 1936, ch. 630, title II, §2, 49 

Stat. 1546). 

AMENDMENTS

2003—Pub. L. 108–102 amended section catchline and 

text generally. Prior to amendment, text read as follows: ‘‘The Joint Committee on Printing shall designate to the Public Printer competent persons to prepare the semimonthly and the session index to the Congressional Record and shall fix the compensation to be 

paid by the Public Printer for that work, and direct the 

form and manner of its publication and distribution.’’ 

EFFECTIVE DATE OF 2003 AMENDMENT

Pub. L. 108–102, §2, Oct. 29, 2003, 117 Stat. 1198, provided that: ‘‘This Act [amending this section and enacting provisions set out as a note under this section] and 

the amendments made by this Act shall apply with respect to pay periods beginning on or after October 1, 

2003 (or, if later, the first day of the first month which 

begins after the date of the enactment of this Act [Oct. 

29, 2003]).’’ 

TRANSITION RULE FOR CURRENT EMPLOYEES

Pub. L. 108–102, §1(b), Oct. 29, 2003, 117 Stat. 1198, provided that: 

‘‘(1) IN GENERAL.—Any individual who is an employee 

of the Congressional Record Index Office as of the effective date of this Act [see Effective Date of 2003 Amendment note above] shall be transferred to the Government Printing Office, subject to the provisions of this 

title [probably means Title 44, United States Code] governing the selection and appointment of employees of 

the Government Printing Office and any applicable regulations. 

‘‘(2) TREATMENT OF ACCRUED LEAVE.—Any annual and 

sick leave accrued by such an individual prior to such 

date shall be transferred and made available to the individual as an employee of the Government Printing 

Office, subject to applicable regulations of the Government Printing Office governing the use of such leave.’’ 

§ 903. Congressional Record: daily and permanent forms 

The public proceedings of each House of Congress as reported by the Official Reporters, shall 

be printed in the Congressional Record, which 

shall be issued in daily form during each session 

and shall be revised, printed, and bound promptly, as directed by the Joint Committee on Printing, in permanent form, for distribution during 

and after the close of each session of Congress. 

The daily and the permanent Record shall bear 

the same date, which shall be that of the actual 

day’s proceedings reported. The ‘‘usual number’’ 

of the Congressional Record may not be printed. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1256.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §182a (Jan. 12, 1895, ch. 

23, §14, as added June 20, 1936, ch. 630, title II, §2, 49 

Stat. 1546). 

§ 904. Congressional Record: maps; diagrams; illustrations 

Maps, diagrams, or illustrations may not be 

inserted in the Record without the approval of 

the Joint Committee on Printing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1256.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §182b (Jan. 12, 1895, ch. 

23, §14, as added June 20, 1936, ch. 630, title II, §2, 49 

Stat. 1546). 

§ 905. Congressional Record: additional insertions 

The Joint Committee on Printing shall provide for printing in the daily Record the legislative program for the day together with a list of 

congressional committee meetings and hearings, 

and the place of meeting and subject matter. It 

shall cause a brief resume of congressional activities for the previous day to be incorporated 

in the Record, together with an index of its contents prepared under the supervision of the Secretary of the Senate and the Clerk of the House 

of Representatives, respectively. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1256.) 

§ 906 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 28 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §182c (Aug. 2, 1946, ch. 

753, title II, §221, 60 Stat. 837). 

§ 906. Congressional Record: gratuitous copies; 

delivery 

The Public Printer shall furnish the Congressional Record only as follows: 

of the bound edition— 

to the Senate Service Department five copies for the Vice President and each Senator; 

to the Secretary and Sergeant at Arms of 

the Senate, each, two copies; 

to the Joint Committee on Printing not to 

exceed one hundred copies; 

to the House of Representatives Publications Distribution Service, three copies for 

each Representative and Resident Commissioner in Congress; and 

to the Clerk and the Sergeant at Arms of the 

House of Representatives, each, two copies; 

of the daily edition— 

to the Vice President, one hundred copies; 

to each Senator, fifty copies (which may be 

transferred only to public agencies and institutions); 

to the Secretary and Sergeant at Arms of 

the Senate, each, twenty-five copies; 

to the Secretary, for official use, not to exceed thirty-five copies; and 

to the Sergeant at Arms for use on the floor 

of the Senate, not to exceed fifty copies; 

to each Member of the House of Representatives, the Resident Commissioner from Puerto 

Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate from the Virgin Islands, thirty-four copies (which may be transferred only to public 

agencies and institutions); 

to the Clerk and the Sergeant at Arms of the 

House of Representatives, each, twenty-five 

copies; 

to the Clerk, for official use, not to exceed 

fifty copies, and to the Clerk for use on the 

floor of the House of Representatives, not to 

exceed seventy-five copies; 

to the Vice President and each Senator, Representative, and Resident Commissioner in 

Congress (and not transferable) three copies of 

which one shall be delivered at his residence, 

one at his office, and one at the Capitol. 

In addition to the foregoing the Congressional 

Record shall also be furnished as follows: 

In unstitched form, and held in reserve by the 

Public Printer, as many copies of the daily 

Record as may be required to supply a semimonthly edition, bound in paper cover together 

with each semimonthly index when it is issued, 

and then be delivered promptly as follows: 

to each committee and commission of Congress, one daily and one semimonthly copy; 

to each joint committee and joint commission in Congress, as may be designated by the 

Joint Committee on Printing, two copies of 

the daily, one semimonthly copy, and one 

bound copy; 

to the Secretary and the Sergeant at Arms 

of the Senate, for office use, each, six semimonthly copies; 

to the Clerk and the Sergeant at Arms of the 

House, for office use, each, six semimonthly 

copies; 

to the Joint Committee on Printing, ten 

semimonthly copies; 

to the Vice President and each Senator, Representative, and Resident Commissioner in 

Congress, one semimonthly copy; 

to the President of the United States, for the 

use of the Executive Office, ten copies of the 

daily, two semimonthly copies, and one bound 

copy; 

to the Chief Justice of the United States and 

each of the Associate Justices of the Supreme 

Court of the United States, one copy of the 

daily; 

to the offices of the marshal and clerk of the 

Supreme Court of the United States, each, two 

copies of the daily and one semimonthly copy; 

to each United States circuit and district 

judge, and to the chief judge and each associate judge of the United States Court of Federal Claims, the United States Court of International Trade, the Tax Court of the United 

States, the United States Court of Appeals for 

Veterans Claims, and the United States Court 

of Appeals for the Armed Forces, upon request 

to a member of Congress and notification by 

the Member to the Public Printer, one copy of 

the daily, in addition to those authorized to be 

furnished to Members of Congress under the 

preceding provisions of this section; 

to the offices of the Vice President and the 

Speaker of the House of Representatives, each, 

six copies of the daily and one semimonthly 

copy; 

to the Sergeant at Arms, the Chaplain, the 

Postmaster, the superintendent and the foreman of the Senate Service Department and of 

the House of Representatives Publications 

Distribution Service, respectively; and to the 

Secretaries to the Majority and the Minority 

of the Senate, each, one copy of the daily; 

to the office of the Parliamentarian of the 

House of Representatives, six copies of the 

daily, one semimonthly copy, and two bound 

copies; 

to the offices of the Official Reporters of Debates of the Senate and House of Representatives, respectively, each, fifteen copies of the 

daily, one semimonthly copy, and three bound 

copies; 

to the office of the stenographers to committees of the House of Representatives, four copies of the daily and one semimonthly copy; 

to the office of the Congressional Record 

Index, ten copies of the daily and two semimonthly copies; 

to the offices of the superintendent of the 

Senate and House document rooms, each, 

three copies of the daily, one semimonthly 

copy, and one bound copy; 

to the offices of the superintendents of the 

Senate and House press galleries, each, two 

copies of the daily, one semimonthly copy, and 

one bound copy; 

to the offices of the Legislative Counsel of 

the Senate and House of Representatives, respectively, and the Architect of the Capitol, 

each, three copies of the daily, one semimonthly copy, and one bound copy; 

to the Library of Congress for official use in 

Washington, District of Columbia, and for 

international exchange, as provided by secVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00036 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 29 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 906 

tions 1718 and 1719 of this title, not to exceed 

one hundred and forty-five copies of the daily, 

five semimonthly copies, and one hundred and 

fifty bound copies; 

to the library of the Senate, three copies of 

the daily, two semimonthly copies, and not to 

exceed fifteen bound copies; 

to the library of the House of Representatives, five copies of the daily, two semimonthly copies, and not to exceed twentyeight bound copies, of which eight copies may 

be bound in the style and manner approved by 

the Joint Committee on Printing; 

to the library of the Supreme Court of the 

United States, two copies of the daily, two 

semimonthly copies, and not to exceed five 

bound copies; 

to the library of each United States Court of 

Appeals, each United States District Court, 

the United States Court of Federal Claims, the 

United States Court of International Trade, 

the Tax Court of the United States, the United 

States Court of Appeals for Veterans Claims, 

and the United States Court of Appeals for the 

Armed Forces, upon request to the Public 

Printer, one copy of the daily, one semimonthly copy, and one bound copy; 

to the Public Printer for official use, not to 

exceed seventy-five copies of the daily, ten 

semimonthly copies, and two bound copies; 

to the Director of the Botanic Garden, two 

copies of the daily and one semimonthly copy; 

to the Archivist of the United States, five 

copies of the daily, two semimonthly copies, 

and two bound copies; 

to the library of each executive department, 

independent office, and establishment of the 

Government in the District of Columbia, except those designated as depository libraries, 

and to the libraries of the municipal government of the District of Columbia, the Naval 

Observatory, and the Smithsonian Institution, 

each, two copies of the daily, one semimonthly 

copy, and one bound copy; 

to the offices of the Governors of Puerto 

Rico, Guam and the Virgin Islands, each, five 

copies in both daily and bound form; 

to the office of the Governor of the Canal 

Zone, five copies in both daily and bound form; 

to each ex-President and ex-Vice President 

of the United States, one copy of the daily; 

to each former Senator, Representative, and 

Commissioner from Puerto Rico, upon request 

to the Public Printer, one copy of the daily; 

to the Governor of each State, one copy in 

both daily and bound form; 

to each separate establishment of the Armed 

Forces Retirement Home, to each of the National Homes for Disabled Volunteer Soldiers, 

and to each of the State soldiers’ homes, one 

copy of the daily; 

to the Superintendent of Documents, as 

many daily and bound copies as may be required for distribution to depository libraries; 

to the Department of State, not to exceed 

one hundred and fifty copies of the daily, for 

distribution to each United States embassy 

and legation abroad, and to the principal consular offices in the discretion of the Secretary 

of State; 

to each foreign legation in Washington 

whose government extends a like courtesy to 

our embassies and legations abroad, one copy 

of the daily, to be furnished upon requisition 

of and sent through the Secretary of State; 

to each newspaper correspondent whose 

name appears in the Congressional Directory, 

and who makes application, for his personal 

use and that of the papers he represents, one 

copy of the daily and one copy of the bound, 

the same to be sent to the office address of the 

member of the press or elsewhere as he directs; not to exceed four copies in all may be 

furnished to members of the same press bureau. 

Copies of the daily edition, unless otherwise 

directed by the Joint Committee on Printing, 

shall be supplied and delivered promptly on the 

day after the actual day’s proceedings as originally published. Each order for the daily Record 

shall begin with the current issue, if previous 

issues of the same session are not available. The 

apportionment specified for daily copies may 

not be transferred for the bound form and an allotment of daily copies not used by a Member 

during a session shall lapse when the session 

ends. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1256; Pub. 

L. 91–276, June 12, 1970, 84 Stat. 303; Pub. L. 

92–373, Aug. 10, 1972, 86 Stat. 528; Pub. L. 93–314, 

§1(b), June 8, 1974, 88 Stat. 239; Pub. L. 95–94, 

title IV, §407(a), Aug. 5, 1977, 91 Stat. 683; Pub. L. 

96–417, title VI, §601(11), Oct. 10, 1980, 94 Stat. 

1744; Pub. L. 97–164, title I, §164(2), Apr. 2, 1982, 

96 Stat. 50; Pub. L. 101–510, div. A, title XV, 

§1533(c)(3), Nov. 5, 1990, 104 Stat. 1736; Pub. L. 

102–82, §6, Aug. 6, 1991, 105 Stat. 377; Pub. L. 

102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 

4516; Pub. L. 103–337, div. A, title IX, 

§924(d)(1)(D), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 

104–186, title II, §223(7), Aug. 20, 1996, 110 Stat. 

1751; Pub. L. 105–368, title V, §512(b)(1)(C), Nov. 

11, 1998, 112 Stat. 3342.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §183 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 617; June 11, 1896, ch. 420, §1, 29 Stat. 

454; Mar. 19, 1896, No. 31, 29 Stat. 468; Feb. 17, 1897, No. 

12, 29 Stat. 700; Mar. 26, 1900, No. 15, 31 Stat. 713; Mar. 

2, 1901, No. 16, §§1, 2, 31 Stat. 1464; Jan. 30, 1903, ch. 338, 

32 Stat. 786; Mar. 1, 1907, ch. 2284, §4, 34 Stat. 1014; Mar. 

4, 1909, ch. 317, 35 Stat. 1067; Mar. 4, 1909, No. 25, 35 Stat. 

1169; Mar. 3, 1925, ch. 421, §7, 43 Stat. 1106; June 20, 1936, 

ch. 630, title II, §3, 49 Stat. 1547; Proc. No. 2695, July 4, 

1946, 11 F.R. 7517, 60 Stat. 1352; June 30, 1949, ch. 288, 

title I, §104(a), 63 Stat. 381; Sept. 26, 1950, ch. 1049, §2(b), 

64 Stat. 1038; July 2, 1954, ch. 455, title I, §101, 68 Stat. 

397; Aug. 1, 1956, ch. 852, §20, 70 Stat. 911; June 25, 1959, 

Pub. L. 86–70, §33, 73 Stat. 149; July 12, 1960, Pub. L. 

86–624, §32, 74 Stat. 421; Mar. 21, 1961, Pub. L. 87–2, 75 

Stat. 5; July 11, 1961, Pub. L. 87–85, 75 Stat. 202). 

‘‘House of Representatives Publications Distribution 

Service’’ is substituted for ‘‘House Folding Room’’ because of the change of name under authority of Public 

Law 88–652. 

REFERENCES IN TEXT

Provisions respecting National Homes for Disabled 

Volunteer Soldiers, referred to in text, were formerly 

classified to chapter 3 (section 71 et seq.) of Title 24, 

Hospitals and Asylums, and were repealed by Pub. L. 

85–857, §14, Sept. 2, 1958, 72 Stat. 1268–1272, and Pub. L. 

85–56, title XXII, §2202, June 17, 1957, 71 Stat. 162, 164, 

166. 

§ 907 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 30 

AMENDMENTS

1998—Pub. L. 105–368 substituted ‘‘Court of Appeals 

for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’ 

in two places. 

1996—Pub. L. 104–186 substituted ‘‘to the Clerk and 

the Sergeant at Arms’’ for ‘‘to the Clerk, Sergeant at 

Arms, and Doorkeeper’’ in three places, ‘‘to the Clerk 

for use on the floor’’ for ‘‘to the Doorkeeper for use on 

the floor’’, and ‘‘and to the Secretaries to the Majority 

and the Minority of the Senate’’ for ‘‘to the Secretaries 

to the Majority and the Minority of the Senate, and to 

the Doorkeeper of the House of Representatives’’. 

1994—Pub. L. 103–337 substituted ‘‘Court of Appeals 

for the Armed Forces’’ for ‘‘Court of Military Appeals’’ 

in two places. 

1992—Pub. L. 102–572 substituted ‘‘United States 

Court of Federal Claims’’ for ‘‘United States Claims 

Court’’ in two places. 

1991—Pub. L. 102–82 inserted ‘‘the United States Court 

of Veterans Appeals,’’ after ‘‘the Tax Court of the 

United States,’’ in two places. 

1990—Pub. L. 101–510 substituted ‘‘each separate establishment of the Armed Forces Retirement Home,’’ 

for ‘‘the United States Soldiers’ Home and’’. 

1982—Pub. L. 97–164 substituted ‘‘the United States 

Claims Court’’ for ‘‘the United States Court of Claims, 

the United States Court of Customs and Patent Appeals’’ in two places. 

1980—Pub. L. 96–417 redesignated the United States 

Customs Court as the United States Court of International Trade. 

1977—Pub. L. 95–94 substituted ‘‘to the Vice President, one hundred copies; to each Senator, fifty copies 

(which may be transferred only to public agencies and 

institutions);’’ for ‘‘to the Vice President and each Senator, one hundred copies:’’ and ‘‘to each Member of the 

House of Representatives, the Resident Commissioner 

from Puerto Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate 

from the Virgin Islands, thirty-four copies (which may 

be transferred only to public agencies and institutions);’’ for ‘‘to each Representative and Resident Commissioner in Congress, sixty-eight copies’’. 

1974—Pub. L. 93–314 struck out subscriptions from 

section catchline, and struck out last paragraph which 

authorized the Public Printer to furnish the daily 

Record to subscribers at a price determined by him to 

be based upon the cost of printing and distribution, 

with the price to be payable in advance. See section 910 

of this title. 

1972—Pub. L. 92–373 provided for the furnishing of one 

copy of the daily, one semimonthly copy of the Congressional Record to the United States Court of Appeals library and certain other libraries. 

1970—Pub. L. 91–276 substituted provision authorizing 

the Public Printer to furnish the daily Congressional 

Record to subscribers at a price based upon cost of 

printing and distribution for prior subscription price of 

$1.50 per month. 

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105–368 effective on first day 

of first month beginning more than 90 days after Nov. 

11, 1998, see section 513 of Pub. L. 105–368, set out as a 

note under section 7251 of Title 38, Veterans’ Benefits. 

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, 

see section 911 of Pub. L. 102–572, set out as a note 

under section 171 of Title 28, Judiciary and Judicial 

Procedure. 

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–510 effective one year 

after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an Effective Date note under section 

401 of Title 24, Hospitals and Asylums. 

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, 

see section 402 of Pub. L. 97–164, set out as a note under 

section 171 of Title 28, Judiciary and Judicial Procedure. 

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–417 effective Nov. 1, 1980, 

and applicable with respect to civil actions pending on 

or commenced on or after such date, see section 701(a) 

of Pub. L. 96–417, as amended, set out as a note under 

section 251 of Title 28, Judiciary and Judicial Procedure. 

EFFECTIVE DATE OF 1977 AMENDMENT

Section 407(b) of Pub. L. 95–94 provided that: ‘‘The 

amendment made by subsection (a) [amending this section] shall take effect on October 1, 1977.’’ 

ABOLITION OF OFFICE OF POSTMASTER

Office of Postmaster of House of Representatives 

abolished by section 2 of House Resolution No. 423, One 

Hundred Second Congress, Apr. 9, 1992. 

LIMITATION ON BOUND AND BIWEEKLY COPIES TO

SENATORS AND REPRESENTATIVES

Pub. L. 95–391, title I, Sept. 30, 1978, 92 Stat. 783, provided that: ‘‘Hereafter, notwithstanding any other provision of law, appropriations for the automatic distribution to Senators and Representatives (including 

Delegates to Congress and the Resident Commissioner 

from Puerto Rico) of the bound and biweekly Congressional Records shall not be available with respect to 

any Senator or Representative unless such Senator or 

Representative specifically, in writing, requests that 

he or she receive copies of such Records.’’ 

LIMITATION ON COPIES OF BOUND PERMANENT EDITION

FOR VICE PRESIDENT AND MEMBERS OF SENATE AND

HOUSE OF REPRESENTATIVES

Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 546, provided that: 

‘‘Hereafter, appropriations for authorized printing and 

binding for Congress shall not be available under the 

authority of the Act of October 22, 1968 (44 U.S.C. 906) 

for the printing, publication, and distribution of more 

than one copy of the bound permanent editions of the 

Congressional Record for the Vice President and each 

Member of the Senate and House of Representatives.’’ 

§ 907. Congressional Record: extracts for Members of Congress; mailing envelopes 

The Public Printer may print and deliver, 

upon the order of a Member of Congress and payment of the cost, extracts from the Congressional Record. The Public Printer may furnish 

without cost to Members and the Resident Commissioner, envelopes, ready for mailing the Congressional Record or any part of it, or speeches, 

or reports in it, if such part, speeches, or reports 

are mailable as franked mail under section 3210 

of title 39. Envelopes so furnished shall contain 

in the upper left-hand corner the following 

words: ‘‘United States Senate’’ or ‘‘House of 

Representatives, U.S. Part of Congressional 

Record.’’, and in the upper right-hand corner the 

letters ‘‘U.S.S.’’ or ‘‘M.C.’’, and the Public 

Printer may, at the request of a Member or 

Resident Commissioner, print in addition to the 

foregoing, his name and State or Commonwealth, the date, and the topic or subject matter, not exceeding twelve words. He may not 

print any other words on envelopes, except at 

the personal expense of the Member or Resident 

Commissioner ordering the envelopes, except to 

affix the official title of a document. The Public 

Printer shall deposit moneys accruing under 

this section in the Treasury of the United States 

to the credit of the appropriation made for the 

Page 31 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 910 

working capital of the Government Printing Office for the year in which the work is done, and 

accounted for in his annual report to Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1259; Pub. 

L. 93–191, §8(b), Dec. 18, 1973, 87 Stat. 745; Pub. L. 

93–255, §2(c), Mar. 27, 1974, 88 Stat. 52.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §185 (Jan. 12, 1895, ch. 

23, §37, 28 Stat. 606; Mar. 2, 1895, ch. 189, §1, 28 Stat. 961; 

Jan. 30, 1904, ch. 39, 33 Stat. 9; Mar. 4, 1925, ch. 549, 43 

Stat. 1300). 

AMENDMENTS

1974—Pub. L. 93–255 struck out ‘‘Postage paid by Congress’’ after ‘‘Part of Congressional Record.’’. 

1973—Pub. L. 93–191 inserted at end of second sentence 

‘‘, if such part, speeches, or reports are mailable as 

franked mail under section 3210 of title 39’’ and substituted in third sentence ‘‘Postage paid by Congress’’ 

for ‘‘Free’’. 

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93–191 effective Dec. 18, 1973, 

see section 14, of Pub. L. 93–191, set out as a note under 

section 3210 of Title 39, Postal Service. 

ARCHIVIST OF THE UNITED STATES

References to Archivist of the United States deemed 

to refer to Archivist appointed under section 2103 of 

this title with respect to functions transferred by Pub. 

L. 98–497 or an amendment made by Pub. L. 98–497 and 

exercised after Apr. 1, 1985, see sections 106 and 108 of 

Pub. L. 98–497, set out as notes under section 2102 of 

this title. 

§ 908. Congressional Record: payment for printing extracts or other documents 

If a Member or Resident Commissioner fails to 

pay the cost of printing extracts from the Congressional Record or other documents ordered 

by him to be printed, the Public Printer shall 

certify the amount due to the Chief Administrative Officer of the House of Representatives or 

the financial clerk of the Senate, as the case 

may be, who shall deduct from any salary due 

the delinquent the amount, or as much of it as 

the salary due may cover, and pay the amount 

so obtained to the Public Printer, to be applied 

by him to the satisfaction of the indebtedness. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1260; Pub. 

L. 104–186, title II, §223(8), Aug. 20, 1996, 110 Stat. 

1752.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §163 (Mar. 4, 1911, ch. 

285, §1, 36 Stat. 1446). 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Chief Administrative Officer of the House of Representatives’’ for ‘‘Sergeant at Arms of the House’’. 

§ 909. Congressional Record: exchange for Parliamentary Hansard 

The Librarian of Congress may furnish a copy 

of the daily and bound Congressional Record to 

the Undersecretary of State for External Affairs 

of Canada in exchange for a copy of the Parliamentary Hansard, and the Public Printer 

shall honor the requisition of the Librarian of 

Congress for it. The Parliamentary Hansard so 

received shall be the property of the Department 

of State. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1260.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §187 (Apr. 10, 1912, No. 

14, 37 Stat. 632). 

§ 910. Congressional Record: subscriptions; sale 

of current, individual numbers, and bound 

sets; postage rate 

(a) Under the direction of the Joint Committee, the Public Printer may sell— 

(1) subscriptions to the daily Record; and 

(2) current, individual numbers, and bound 

sets of the Congressional Record. 

(b) The price of a subscription to the daily 

Record and of current, individual numbers, and 

bound sets shall be determined by the Public 

Printer based upon the cost of printing and distribution. Any such price shall be paid in advance. The money from any such sale shall be 

paid into the Treasury and accounted for in the 

Public Printer’s annual report to Congress. 

(c) The Congressional Record shall be entitled 

to be mailed at the same rates of postage at 

which any newspaper or other periodical publication, with a legitimate list of paid subscribers, 

is entitled to be mailed. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1260; Pub. 

L. 93–314, §1(a), June 8, 1974, 88 Stat. 239.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §188 (Jan. 12, 1895, ch. 

23, §40, 28 Stat. 607). 

AMENDMENTS

1974—Pub. L. 93–314 included subscriptions and postage rate in section catchline, and inserted provisions in 

text authorizing sale of subscriptions, requiring price 

for subscriptions to be paid in advance, and directing 

that the Congressional Record shall be entitled to be 

mailed at the same rates of postage at which any newspaper or other periodical publication, with a legitimate 

list of paid subscribers, is entitled to be mailed. 

CHAPTER 11—EXECUTIVE AND JUDICIARY 

PRINTING AND BINDING 

Sec. 

1101. Printing and binding for the President. 

1102. Printing to be authorized by law and necessary to the public business, not in excess 

of appropriation, and on special requisition 

filed with the Public Printer. 

1103. Certificate of necessity; estimate of cost. 

1104. Restrictions on use of illustrations. 

1105. Form and style of work for departments. 

1106. Inserting ‘‘compliments’’ forbidden. 

1107. Appropriations chargeable for printing and 

binding of documents or reports. 

1108. Presidential approval required for printing of 

periodicals; number printed; sale to public. 

1109. Printing documents in two or more editions; 

full number and allotment of full quota. 

1110. Daily examination of Congressional Record 

for immediate ordering of documents for official use; limit; bills and resolutions. 

1111. Annual reports: time for furnishing manuscript and proofs to Public Printer. 

1112. Annual reports: type for reports of executive 

officers. 

1113. Annual reports: exclusion of irrelevant matter. 

§ 1101 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 32 

Sec. 

1114. Annual reports: number of copies for Congress. 

1115. Annual reports: time of delivery by Public 

Printer to Congress. 

1116. Annual reports: limitation on number of copies printed; reports of bureau chiefs. 

1117. Annual reports: discontinuance of printing of 

annual or special reports to keep within appropriations. 

1118. Documents beyond scope of ordinary departmental business. 

1119. Government publications as public property. 

1120. Blanks and letterheads for judges and officers 

of courts. 

1121. Paper and envelopes for Government agencies 

in the District of Columbia. 

1122. Supplies for Government establishments. 

1123. Binding materials; bookbinding for libraries. 

AMENDMENTS

1984—Pub. L. 98–216, §3(d)(1), Feb. 14, 1984, 98 Stat. 6, 

substituted ‘‘Presidential’’ for ‘‘Bureau of Budget’’ in 

item 1108. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 1101. Printing and binding for the President 

The Public Printer shall execute such printing 

and binding for the President as he may order 

and make requisition for. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §211 (Jan. 12, 1895, ch. 

23, §88, 28 Stat. 622). 

CODIFICATION

Section constitutes part of section 88 of act Jan. 12, 

1895. Remainder of section is classified to section 1713 

of this title. 

§ 1102. Printing to be authorized by law and necessary to the public business, not in excess of 

appropriation, and on special requisition 

filed with the Public Printer 

(a) A head of an executive department, or of 

an independent agency or establishment of the 

Government may not cause to be printed, and 

the Public Printer may not print, a document or 

matter unless it is authorized by law and necessary to the public business. 

(b) Printing may not be done for an executive 

department, independent agency or establishment in a fiscal year in excess of the amount of 

the appropriation. 

(c) Printing may not be done without a special 

requisition signed by the chief of the department, independent agency or establishment and 

filed with the Public Printer. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§213, 219 (Jan. 12, 

1895, ch. 23, §89, 94, 28 Stat. 622). 

This section incorporates the first paragraph of 

former section 213 and the first clause of former section 

219. The balance of former section 213 will be found in 

sections 1116, 1302, 1308, 1309, 1310, 1336 of the revision; 

that of former section 219 in section 1113 of the revision. 

§ 1103. Certificate of necessity; estimate of cost 

When a department, the Supreme Court, or the 

Library of Congress requires printing or binding 

to be done, it shall certify that it is necessary 

for the public service. The Public Printer shall 

then furnish an estimate of cost by principal 

items, after which requisitions may be made 

upon him for the printing or binding by the head 

of the department, the Clerk of the Supreme 

Court, or the Librarian of Congress, respectively. The Public Printer shall place the cost to 

the debit of the department in its annual appropriation for printing and binding. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261; Pub. 

L. 97–164, title I, §159, Apr. 2, 1982, 96 Stat. 48.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §117 (Jan. 12, 1895, ch. 

23, §93, 28 Stat. 623; June 25, 1948, ch. 646, §32(a), 62 Stat. 

991; May 24, 1949, ch. 139, sec. 127, 63 Stat. 107). 

AMENDMENTS

1982—Pub. L. 97–164 struck out the Court of Claims 

from the enumeration of entities for which printing or 

binding may be done for the public service and struck 

out the chief judge of the Court of Claims from the enumeration of officials who make requisitions upon the 

Public Printer for printing or binding. 

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, 

see section 402 of Pub. L. 97–164, set out as a note under 

section 171 of Title 28, Judiciary and Judicial Procedure. 

§ 1104. Restrictions on use of illustrations 

Appropriations made for printing and binding 

may not be used for an illustration, engraving, 

or photograph in a document or report ordered 

printed by Congress unless the order to print expressly authorizes it, nor in a document or report of an executive department, independent office or establishment of the Government until 

the head of the executive department or Government establishment certifies in a letter transmitting the report that the illustration, engraving, or photograph is necessary and relates entirely to the transaction of public business. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §118 (Mar. 3, 1905, ch. 

1483, §1, 33 Stat. 1213). 

The term ‘‘executive department, independent office, 

or establishment of the Government’’ is substituted for 

‘‘executive department or other Government establishment’’ for uniformity. 

§ 1105. Form and style of work for departments 

The Public Printer shall determine the form 

and style in which the printing or binding ordered by a department is executed, and the material and the size of type used, having proper 

regard to economy, workmanship, and the purposes for which the work is needed. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §216 (Jan. 12, 1895, ch. 

23, §51, 28 Stat. 608). 

Page 33 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1110 

§ 1106. Inserting ‘‘compliments’’ forbidden 

A report, document, or publication distributed 

by or from an executive department or independent agency or establishment of the Government may not contain a notice that it is sent 

with ‘‘the compliments’’ of an officer of the Government, or with a special notice that it is so 

sent, except that notice that it has been sent, 

with a request for an acknowledgment of its receipt, may be given. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §218 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 620). 

§ 1107. Appropriations chargeable for printing 

and binding of documents or reports 

The cost of printing and binding of documents 

or reports emanating from executive departments, independent agencies or establishments 

of the Government which, before March 30, 1906, 

was charged to appropriations for congressional 

printing and binding or to appropriations other 

than to executive departments, independent 

agencies or establishments, shall be charged as 

follows: 

(1) the cost of illustrations, composition, 

stereotyping, and other work involved in the 

actual preparation for printing, apart from the 

creation of the manuscript, to the appropriation for printing and binding of the agency in 

which the document or report originates. 

(2) the balance of cost, to congressional 

printing and binding appropriations or to appropriations for printing and binding of the 

executive departments, independent agencies 

or establishments in proportion to the number 

of copies delivered to each. 

(3) the cost of copies distributed other than 

through Congress or executive agencies or 

independent offices, as otherwise provided. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1261.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §214 (Mar. 30, 1906, No. 

13, 34 Stat. 825). 

A proviso in the 1906 resolution, requiring annual estimates of probable costs for departmental printing is 

omitted as obsolete. 

§ 1108. Presidential approval required for printing of periodicals; number printed; sale to 

public 

The head of an executive department, independent agency or establishment of the Government, with the approval of the President, may 

use from the appropriations available for printing and binding such sums as are necessary for 

the printing of journals, magazines, periodicals, 

and similar publications he certifies in writing 

to be necessary in the transaction of the public 

business required by law of the department, office, or establishment. There may be printed, in 

addition to those necessary for the public business, not to exceed two thousand copies for free 

distribution by the issuing department, office, 

or establishment. The Public Printer, subject to 

regulation by the Joint Committee on Printing, 

shall print additional copies required for sale to 

the public by the Superintendent of Documents; 

but the printing of these additional copies may 

not interfere with the prompt execution of 

printing for the Government. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1262; Pub. 

L. 98–216, §3(d)(2), (3), Feb. 14, 1984, 98 Stat. 6.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §220 (May 11, 1922, ch. 

189, §1, 42 Stat. 541; June 30, 1932, ch. 314, §307, 47 Stat. 

409). 

AMENDMENTS

1984—Pub. L. 98–216 substituted ‘‘Presidential’’ for 

‘‘Bureau of Budget’’ in section catchline and substituted ‘‘President’’ for ‘‘Director of the Bureau of the 

Budget’’ in text. 

DELEGATION OF FUNCTIONS

Authority of President under this section to approve 

use, from appropriations available for printing and 

binding, of such sums as are necessary for printing of 

journals, magazines, periodicals, and similar publications delegated to Director of Office of Management 

and Budget, see section 9(7) of Ex. Ord. No. 11609, July 

22, 1971, 36 F.R. 13747, set out as a note under section 301 

of Title 3, The President. 

§ 1109. Printing documents in two or more editions; full number and allotment of full quota 

The number of copies of a public document or 

report authorized to be printed for an executive 

department, independent agency, or establishment of the Government may be supplied in two 

or more editions, instead of one, upon a requisition on the Public Printer by the head of the department or independent office, but the aggregate of the editions may not exceed the number 

of copies otherwise authorized. This section does 

not preclude the printing of the full number of 

a document or report, or the allotment of the 

full quota to Senators and Representatives, as 

otherwise authorized, when a legitimate demand 

for the full complement is known to exist. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1262.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §224 (Mar. 30, 1906, No. 

14, 34 Stat. 826). 

§ 1110. Daily examination of Congressional 

Record for immediate ordering of documents 

for official use; limit; bills and resolutions 

The heads of executive departments, independent agencies and establishments, respectively, shall cause daily examination of the Congressional Record for the purpose of noting documents, reports, and other publications of interest to their departments, and shall cause an immediate order to be sent to the Public Printer 

for the number of copies of the publications required for official use, not to exceed, however, 

the number of bureaus in the department and divisions in the office of the head. The Public 

Printer shall send to each executive department, 

independent agency and establishment, as soon 

as printed, five copies of public bills and resolutions, except to the State Department, to which 

he shall send ten copies of bills and resolutions. 

When the head of a department, independent 

agency or establishment desires a greater numVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00041 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 1111 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 34 

ber of a class of bills or resolutions for official 

use, the Public Printer shall furnish them on 

requisition promptly made. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1262.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §215 (Jan. 12, 1895, ch. 

23, §90, 28 Stat. 623; June 20, 1936, ch. 630, title IX, §14, 

49 Stat. 1553). 

§ 1111. Annual reports: time for furnishing manuscript and proofs to Public Printer 

The appropriations made for printing and 

binding may not be used for an annual report or 

the accompanying documents unless the manuscript and proof is furnished to the Public Printer in the following manner: 

manuscript of the documents accompanying 

annual reports on or before February 1, each 

year; 

manuscript of the annual report on or before 

February 15, each year; 

complete revised proofs of the accompanying 

documents on March 1, each year, and of the 

annual reports on March 10, each year. 

Annual reports and accompanying documents 

shall be printed, made public, and available for 

distribution not later than within the first five 

days after the assembling of each regular session of Congress. 

This section does not apply to the annual reports of the Smithsonian Institution, the Comptroller of the Currency, or the Secretary of the 

Treasury. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1263; Pub. 

L. 94–273, §28, Apr. 21, 1976, 90 Stat. 380; Pub. L. 

106–113, div. B, §1000(a)(9) [title IV, §4732(b)(22)], 

Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, §121 (July 1, 

1916, ch. 209, §3, 39 Stat. 336; June 20, 1936, ch. 630, §8, 

49 Stat. 1550). 

AMENDMENTS

1999—Pub. L. 106–113 struck out ‘‘the Commissioner of 

Patents,’’ after ‘‘Smithsonian Institution,’’ in last par. 

1976—Pub. L. 94–273 substituted ‘‘February’’ for ‘‘November’’ and ‘‘March’’ for ‘‘December’’ wherever appearing. 

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106–113 effective 4 months 

after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] 

of Pub. L. 106–113, set out as a note under section 1 of 

Title 35, Patents. 

§ 1112. Annual reports: type for reports of executive officers 

The annual reports of executive officers shall 

be printed in the same type and form as the report of the head of the department which it accompanies, unless otherwise ordered by the 

Joint Committee on Printing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1263.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §222 (Jan. 12, 1895, ch. 

23, §91, 28 Stat. 623). 

§ 1113. Annual reports: exclusion of irrelevant 

matter 

Executive officers, before transmitting their 

annual reports, shall carefully examine them 

and all accompanying documents, and exclude 

all matter, including engravings, maps, drawings, and illustrations, except such as they certify in their letters transmitting the reports are 

necessary and relate entirely to the transaction 

of the public business. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1263.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §219 (part) (Jan. 12, 

1895, ch. 23, §94, 28 Stat. 623). 

This section incorporates only the second clause of 

former section 219. The balance will be found in section 

1102 of the revision. 

§ 1114. Annual reports: number of copies for Congress 

One thousand copies of the annual reports of 

the departments to Congress shall be printed for 

the Senate, and two thousand for the House of 

Representatives. 

The usual number only of the reports of the 

Chief of Engineers of the Army, the Commissioner of Internal Revenue, the report of the 

Chief Signal Officer of the Department of the 

Army, and the Chief of Ordnance shall be printed. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1263; Pub. 

L. 106–113, div. B, §1000(a)(9) [title IV, 

§4732(b)(23)], Nov. 29, 1999, 113 Stat. 1536, 

1501A–585.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §212 (part) (Jan. 12, 

1895, ch. 23, §73, 28 Stat. 615). 

This section incorporates only the second sentence of 

former section 212. The balance will be found in section 

1115 of this revision. 

AMENDMENTS

1999—Pub. L. 106–113 struck out ‘‘the Commissioner of 

Patents,’’ after ‘‘Engineers of the Army,’’ in second 

par. 

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106–113 effective 4 months 

after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] 

of Pub. L. 106–113, set out as a note under section 1 of 

Title 35, Patents. 

ABOLITION OF OFFICES

Positions of Chief Signal Officer and Chief of Ordinance of Army Department abolished, see note set out 

under section 3036 of Title 10, Armed Forces. 

§ 1115. Annual reports: time of delivery by Public 

Printer to Congress 

The annual reports of the Executive Departments and the accompanying documents shall 

be delivered by the Public Printer to the proper 

officer of each House of Congress at its first 

meeting. Other reports of the Executive Departments shall be so delivered on or before the 

third Wednesday next after the meeting of Congress or as soon after as may be practicable. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1263.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code 1964 ed., §212 (part) (R.S. 3810). 

Page 35 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1122 

This section incorporates only the first sentence of 

former section 212. The balance will be found in section 

1114 of this revision. 

§ 1116. Annual reports: limitation on number of 

copies printed; reports of bureau chiefs 

Not to exceed five thousand copies, bound in 

pamphlet form, of the annual reports without 

appendices of a head of a department may be 

printed in a fiscal year. Not to exceed two thousand five hundred copies, bound in pamphlet 

form, of the reports without appendices of a 

chief of bureau may be printed in a fiscal year. 

A head of department shall direct whether reports made to him by a bureau chief and chief of 

division may be printed or not. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1263.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213 (part) (Jan. 12, 

1895, ch. 23, §89, 28 Stat. 622). 

This section incorporates only the first sentence of 

the second paragraph of former section 213 and the last 

paragraph of that section. The balance will be found in 

sections 1102, 1302, 1308, 1309, 1310, 1336 of the revision. 

§ 1117. Annual reports: discontinuance of printing of annual or special reports to keep within appropriations 

In order to keep expenditures for printing and 

binding within appropriations, heads of executive departments, independent offices and establishments of the Government may discontinue 

the printing of annual or special reports under 

their respective jurisdictions. When the printing 

of reports is discontinued the original copy shall 

be kept on file in the office of the heads of the 

respective departments, independent offices or 

establishments for public inspection. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213a (Aug. 1, 1953, ch. 

304, title I, §103, 67 Stat. 332). 

The term ‘‘executive departments, independent offices, and establishments of the Government’’ is substituted for ‘‘executive departments, independent agencies, and establishments’’ for uniformity. 

§ 1118. Documents beyond scope of ordinary departmental business 

A book or document not having to do with the 

ordinary business transactions of the executive 

departments may not be printed on the requisition of a department unless expressly authorized 

by Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §219a (Mar. 3, 1905, ch. 

1484, §1, 33 Stat. 1249). 

§ 1119. Government publications as public property 

Government publications of a permanent nature furnished by authority of law to officers 

other than Members of Congress of the United 

States Government, for their official use, shall 

be stamped ‘‘Property of the United States Government,’’ and shall be preserved by them and 

delivered to their successors in office as a part 

of the property of the office. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §92 (part) (Jan. 12, 

1895, ch. 23, §74, 28 Stat. 620; June 20, 1936, ch. 630, title 

VII, §11, 49 Stat. 1552; Aug. 9, 1962, Pub. L. 87–679, §8, 76 

Stat. 355). 

This section incorporates only the first sentence of 

former section 92. The balance will be found in section 

1911 of the revision. 

§ 1120. Blanks and letterheads for judges and officers of courts 

Blanks and letterheads for use by judges and 

other officials of the United States courts, other 

than those required to be paid for by any of 

these officers out of the emoluments of their offices, shall be printed at the Government Printing Office upon forms prescribed by the Department of Justice, and shall be distributed by it 

upon requisition. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §119 (Jan. 12, 1895, ch. 

23, §97, 28 Stat. 624). 

§ 1121. Paper and envelopes for Government 

agencies in the District of Columbia 

The Public Printer may procure, under direction of the Joint Committee on Printing, as provided by sections 509–516 of this title, and furnish on requisition, paper and envelopes (not including envelopes printed in the course of manufacture) in common use by two or more departments, establishments, or services of the Government in the District of Columbia, and reimbursement shall be made to the Public Printer 

from appropriations or funds available for the 

purpose. Paper and envelopes so furnished by the 

Public Printer may not be procured in any other 

manner. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §225 (June 7, 1924, ch. 

303, §1, 43 Stat. 592). 

§ 1122. Supplies for Government establishments 

The Public Printer may procure and supply, 

on the requisition of the head of an executive 

department, independent office or establishment 

of the Government, complete manifold blanks, 

books, and forms required in duplicating processes, and complete patented devices with which 

to file money-order statements, or other uniform official papers, and charge them to the allotment for printing and binding of the department or Government establishment requiring 

them. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §227 (June 28, 1902, ch. 

1301, §1, 32 Stat. 481). 

The term ‘‘executive department, independent office, 

or establishment of the government’’ is substituted for 

‘‘executive department or other government establishment’’ for uniformity. 

§ 1123 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 36 

1So in original. Does not conform to section catchline. 

2Section repealed by Pub. L. 104–127 without corresponding 

amendment of chapter analysis. 

§ 1123. Binding materials; bookbinding for libraries 

Binding for the departments of the Government shall be done in plain sheep or cloth, except that record and account books may be 

bound in Russia leather, sheep fleshers, and 

skivers, when authorized by the head of a department. The libraries of the several departments, the Library of Congress, the libraries of 

the Surgeon General’s Office, and the Naval Observatory may have books for the exclusive use 

of these libraries bound in half Turkey, or material no more expensive. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264; Pub. 

L. 106–113, div. B, §1000(a)(9) [title IV, 

§4732(b)(24)], Nov. 29, 1999, 113 Stat. 1536, 

1501A–585.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §116 (Jan. 12, 1895, ch. 

23, §86, 28 Stat. 622). 

This section incorporates all but the first sentence of 

former section 116. The balance will be found in section 

501 of the revision. 

AMENDMENTS

1999—Pub. L. 106–113 struck out ‘‘the Patent Office,’’ 

after ‘‘the Surgeon General’s Office,’’. 

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106–113 effective 4 months 

after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] 

of Pub. L. 106–113, set out as a note under section 1 of 

Title 35, Patents. 

CHAPTER 13—PARTICULAR REPORTS AND 

DOCUMENTS 

Sec. 

1301. Agriculture, Department of: report of Secretary. 

1302. Agriculture, Department of: monthly crop report and other publications. 

1303. American Historical Association: report. 

1304. Army and Navy registers. 

1305. Attorney General: opinions. 

1306. Civil Service Commission: report. 

1307. National Oceanic and Atmospheric Administration: nautical products, sale and distribution. 

1308. Coast Guard: annual report of the Commandant. 

1309. Coast Guard: notices to mariners and other 

special publications. 

1310. Commerce Department: navigation and 

weather information. 

[1311. Repealed.] 

1312. Director of Public Health of District of Columbia: report. 

1313. Education, Commissioner of: report. 

1314. Ephemeris and Nautical Almanac. 

1315. Fish and Wildlife Service: bulletins. 

1316. Fish and Wildlife Service: report of the Director. 

1317. Foreign Relations. 

1318. Geological Survey: classes and sizes of publications; report of mineral resources; number of copies; reprints; distribution. 

1319. Geological Survey: specific appropriations required for monographs and bulletins. 

1320. Geological Survey: distribution of publications to public libraries. 

1320A. Historical societies’ publications. 

1321. Hydrographic Surveys; foreign surveys. 

1322. Immigration and Naturalization Service: report. 

Sec. 

1323. Interstate Commerce Commission: report. 

1324. Labor Statistics, Bureau of: bulletins. 

1325. Labor Statistics, Bureau of: report of Commissioner. 

1326. Librarian of Congress: reports. 

1327. Mines, Bureau of: publications. 

1328. Merchant vessels of the United States. 

1329. Mint: reports of Director. 

1330. Monthly Summary Statement of Imports and 

Exports. 

1331. National Academy of Sciences: report. 

1332. National encampments of Veterans’ organizations; proceedings printed annually for Congress. 

1333. National high school and college debate topics. 

1334. Naval Intelligence Office: additional copies of 

publications. 

1335. Naval Observatory Observations. 

1336. National Geospatial-Intelligence Agency: special publications. 

[1337, 1338. Repealed.] 

1339. Printing of the President’s message.1

1340. Public Printer: annual report. 

1341. Smithsonian Institution: report. 

1342. Soil area surveys: reports; congressional allotments.2

1343. Statistical Abstract of the United States. 

1344. Treasury Department: reports. 

AMENDMENTS

2003—Pub. L. 108–136, div. A, title IX, §921(g), Nov. 24, 

2003, 117 Stat. 1570, substituted ‘‘National GeospatialIntelligence Agency’’ for ‘‘National Imagery and Mapping Agency’’ in item 1336. 

2000—Pub. L. 106–181, title VI, §606(d), Apr. 5, 2000, 114 

Stat. 154, struck out ‘‘and aeronautical’’ after ‘‘nautical’’ in item 1307. 

1999—Pub. L. 106–113, div. B, §1000(a)(9) [title IV, 

§4732(b)(25)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585, 

struck out items 1337 ‘‘Patent Office: publications authorized to be printed’’ and 1338 ‘‘Patent Office: limitations and conditions concerning printing and 

lithographing’’. 

1996—Pub. L. 104–316, title I, §123(b)(2), Oct. 19, 1996, 

110 Stat. 3839, struck out item 1311 ‘‘Comptroller General: decisions’’. 

Pub. L. 104–201, div. A, title XI, §1123(b)(2), Sept. 23, 

1996, 110 Stat. 2688, substituted ‘‘National Imagery and 

Mapping Agency’’ for ‘‘Naval Oceanographic Office’’ in 

item 1336. 

1986—Pub. L. 99–272, title VI, §6011(b), Apr. 7, 1986, 100 

Stat. 122, substituted ‘‘National Oceanic and Atmospheric Administration: nautical and aeronautical products, sale and distribution’’ for ‘‘Environmental 

Science Service Administration: charts; sale and distribution’’ in item 1307. 

1980—Pub. L. 96–536, §101(c), Dec. 16, 1980, 94 Stat. 3167, 

added item 1320A. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 1301. Agriculture, Department of: report of Secretary 

The annual report of the Secretary of Agriculture shall be submitted and printed in two 

parts, as follows: 

part 1, containing purely business and executive matter necessary for the Secretary to 

submit to the President and Congress; 

Page 37 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1307 

1See Transfer of Functions note below. 

part 2, reports from the different bureaus 

and divisions, and papers prepared by their 

special agents, accompanied by suitable illustrations as are, in the opinion of the Secretary, specially suited to interest and instruct the farmers of the country, and to include a general report of the operations of the 

department for their information. 

In addition to the usual number, there shall be 

printed of part 1, one thousand copies for the 

Senate, two thousand copies for the House of 

Representatives, and three thousand copies for 

the Department of Agriculture; and of part 2, 

one hundred and ten thousand copies for the use 

of the Senate, three hundred and sixty thousand 

copies for the use of the House of Representatives, and thirty thousand copies for the use of 

the Department of Agriculture, the illustrations 

for part 2 to be subject to the approval of the 

Secretary of Agriculture, and executed under 

the supervision of the Public Printer, in accordance with directions of the Joint Committee on 

Printing, and the title of each of the parts shall 

show that each part is complete in itself. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1265.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §241 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 612). 

UNAVAILABILITY OF DEPARTMENT FUNDS TO PRODUCE

PART 2 OF ANNUAL REPORT

Funds available to Department of Agriculture not to 

be used to produce part 2 of annual report of Secretary 

(known as the Yearbook of Agriculture), see title I of 

Pub. L. 103–111, 107 Stat. 1048, set out as a note under 

section 2207 of Title 7, Agriculture. 

§ 1302. Agriculture, Department of: monthly crop 

report and other publications 

The Secretary of Agriculture may cause to be 

printed the number of copies of the monthly 

crop report, and of other reports and bulletins of 

not more than one hundred octavo pages, he 

considers necessary. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1266.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213 (part) (Jan. 12, 

1895, ch. 23, §89, 28 Stat. 622). 

This section incorporates only the first clause of the 

second sentence of the second paragraph of former section 213. The balance of section 213 will be found in sections 1102, 1116, 1308, 1309, 1310, 1336. 

§ 1303. American Historical Association: report 

In addition to the usual number of the report 

of the American Historical Association, five 

thousand five hundred copies shall be printed: 

one thousand for the Senate, two thousand for 

the House of Representatives, one thousand five 

hundred for distribution by the Association and 

the Smithsonian Institution, and one thousand 

copies for the use of the Association. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1266.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §243 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616; May 25, 1900, No. 27, 31 Stat. 717). 

§ 1304. Army and Navy registers 

In addition to the usual number of the registers of the Army and Navy, fifteen hundred 

copies of each shall be printed: five hundred for 

the Senate, and one thousand for the House of 

Representatives. 

(Pub. L. 90–620, Oct. 22, 1968, §82 Stat. 1266.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §245 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616). 

§ 1305. Attorney General: opinions 

The Public Printer shall from time to time 

print an edition of one thousand copies of the 

opinions of the Attorney General, which shall 

be, as to size, quality of paper, printing, and 

binding, of uniform style and appearance, as 

nearly as practicable, with volume 8 of opinions, 

published in the year 1868. Each volume shall 

contain proper headnotes, a complete and full 

index, and such footnotes as the Attorney General approves. The volumes shall be distributed 

in the manner the Attorney General prescribes. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1266.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §296a (R.S. §383). 

§ 1306. Civil Service Commission: report 

In addition to the usual number of the report 

of the Civil Service Commission twenty-three 

thousand copies shall be printed: one thousand 

for the Senate, two thousand for the House of 

Representatives, and twenty thousand for distribution by the Civil Service Commission.1

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1266.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §248 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614). 

TRANSFER OF FUNCTIONS

All functions vested by statute in the United States 

Civil Service Commission were transferred to the Director of the Office of Personnel Management (except 

as otherwise specified) by Reorg. Plan No. 2 of 1978, 

§102, 43 F.R. 36037, 92 Stat. 3783, set out under section 

1101 of Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–102 

of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out 

under section 1101 of Title 5. 

§ 1307. National Oceanic and Atmospheric Administration: nautical products, sale and distribution 

(a)(1) All nautical products created or published by the National Oceanic and Atmospheric 

Administration shall be sold at such prices as 

the Secretary of Commerce shall establish annually, in accordance with the provisions of this 

subsection. The Secretary shall publish annually the prices at which nautical products are 

sold to the public. 

(2)(A) Subject to subparagraph (B) of this 

paragraph, the prices of nautical products may 

be increased over a period of not less than three 

years after the date of enactment of this section 

§ 1307 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 38 

so as to recover all costs attributable to data 

base management, compilation, printing, and 

distribution of such products. The prices of such 

products may be maintained to recover all such 

costs thereafter. 

(B) The Secretary, after consultation with the 

Secretary of Transportation, shall adjust the 

prices of nautical products in such manner as is 

necessary to avoid any adverse impact on marine safety attributable to the prices specified in 

subparagraph (A) of this paragraph. 

(3) This section shall not be construed to require the establishment of any price for a nautical product where, in the judgment of the Secretary, furnishing of that product to a recipient 

is a reasonable exchange for voluntary contribution of information by the recipient to a program of the National Oceanic and Atmospheric 

Administration. 

(4) Prices established under this section may 

not include costs attributable to the acquisition 

or processing of nautical data. 

(b) Fees collected from the sale of nautical 

products under this section and from any licensing of such products which is permitted under 

any other provision of law shall be deposited in 

the miscellaneous receipts fund of the United 

States Treasury. 

(c) The Secretary may distribute nautical 

products— 

(1) without charge to each foreign government or international organization with which 

the Secretary or a Federal department or 

agency has an agreement for exchange of these 

products without cost; and 

(2) at prices which the Secretary establishes, 

to the departments and officers of the United 

States requiring them for official use. 

(d) The fees provided for in this section are for 

the purpose of reimbursing the United States 

Government for the costs of creating, publishing 

or distributing nautical products of the National 

Oceanic and Atmospheric Administration. The 

collection of fees authorized by this section 

shall not alter or expand any duty or liability of 

the United States under existing law for the performance of functions for which fees are collected, nor shall the collection of fees constitute 

an express or implied undertaking by the United 

States to perform any activity in a certain manner. 

(e) For purposes of this section, the term 

‘‘nautical products’’ includes all nautical charts, 

tide and tidal current tables, tidal current 

charts, coast pilots, water level products, and 

associated data bases which are created or published by the National Oceanic and Atmospheric 

Administration. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1266; Pub. 

L. 99–272, title VI, §6011(a), Apr. 7, 1986, 100 Stat. 

121; Pub. L. 105–362, title II, §201(a), Nov. 10, 1998, 

112 Stat. 3282; Pub. L. 106–181, title VI, 

§606(a)–(c), Apr. 5, 2000, 114 Stat. 154.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §246 (Jan. 12, 1895, ch. 

23, §76, 28 Stat. 620; Feb. 14, 1903, ch. 552, §§4, 10, 32 Stat. 

826, 829; July 1, 1916 ch. 209, §1, 39 Stat. 320; June 5, 1920, 

ch. 235, §1, 41 Stat. 929; Oct. 31, 1951, ch. 654, §3(11), 65 

Stat. 708; July 9, 1956, ch. 528, 70 Stat. 512; Aug. 14, 1964, 

Pub. L. 88–441, 78 Stat. 446). 

The reference to the Environmental Science Service 

Administration is inserted on the authority of Reorganization Plan No. 2 of 1965. 

REFERENCES IN TEXT

The date of enactment of this section, referred to in 

subsec. (a)(2)(A), probably means the date of enactment 

of Pub. L. 99–272, which was approved Apr. 7, 1986. 

AMENDMENTS

2000—Pub. L. 106–181, §606(a)(1), struck out ‘‘and aeronautical’’ after ‘‘nautical’’ in section catchline. 

Subsec. (a)(1), (2)(A). Pub. L. 106–181, §606(a)(2), struck 

out ‘‘and aeronautical’’ after ‘‘nautical’’ wherever appearing. 

Subsec. (a)(2)(B). Pub. L. 106–181, §606(a)(2), (b), struck 

out ‘‘or aeronautical’’ after ‘‘nautical’’ and ‘‘aviation 

and’’ after ‘‘impact on’’. 

Subsec. (a)(3), (4). Pub. L. 106–181, §606(a)(2), struck 

out ‘‘or aeronautical’’ after ‘‘nautical’’. 

Subsec. (b). Pub. L. 106–181, §606(a)(2), struck out ‘‘or 

aeronautical’’ after ‘‘nautical’’. 

Subsec. (c). Pub. L. 106–181, §606(a)(2), struck out ‘‘and 

aeronautical’’ after ‘‘nautical’’ in introductory provisions. 

Subsec. (d). Pub. L. 106–181, §606(c), struck out ‘‘aeronautical and’’ after ‘‘publishing or distributing’’. 

Subsec. (e). Pub. L. 106–181, §606(a)(2), struck out ‘‘and 

aeronautical’’ after ‘‘nautical’’ in two places. 

1998—Subsec. (a)(2)(A). Pub. L. 105–362 struck out at 

end ‘‘At the end of such period and every three years 

thereafter, the Secretary, after consultation with the 

Secretary of Transportation, shall report to the Congress on the effect of imposing or maintaining such increased prices, including any impact on aviation and 

marine safety.’’ 

1986—Subsec. (a). Pub. L. 99–272 amended subsec. (a) 

generally. Prior to amendment, subsec. (a) read as follows: ‘‘The charts published by the Environmental 

Science Service Administration shall be sold at cost of 

paper and printing as nearly as practicable. The price 

to the public shall include all expenses incurred in actual reproduction of the charts after the original cartography, such as photography, opaquing, platemaking, 

press time and bindery operations; the full postage 

rates, according to the rates for postal services used; 

and any additional cost factors considered appropriate 

by the Secretary such as overhead and administrative 

expenses allocable to the production of the charts and 

related reference materials. The costs of basic surveys 

and geodetic work done may not be included in the 

price of the charts and reference materials. The Secretary of Commerce shall publish the prices at which 

charts and reference materials are sold to the public at 

least once each calendar year.’’ 

Subsec. (b). Pub. L. 99–272 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 

‘‘There may not be free distribution of charts except to 

the departments and officers of the United States requiring them for public use; and a number of copies of 

each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations, and institutions of learning as the 

Secretary of Commerce directs; but on the order of 

Senators and Representatives not to exceed one hundred copies to each may be distributed through the Environmental Science Service Administration.’’ 

Subsecs. (c) to (e). Pub. L. 99–272 added subsecs. (c) to 

(e). 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of 

Pub. L. 106–181, set out as a note under section 106 of 

Title 49, Transportation. 

TRANSFER OF FUNCTIONS

Functions of Secretary and other officers of Department of Commerce under this section that relate to the 

Page 39 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1310 

Office of Aeronautical Charting and Cartography to 

provide aeronautical charts and related products and 

services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation 

Administration effective Oct. 1, 2000, see section 

44721(c)(3) of Title 49, Transportation. 

SALE OF AERONAUTICAL CHARTS: DISPOSITION OF

RECEIPTS RESULTING FROM PRICE INCREASE

Pub. L. 103–317, title II, Aug. 26, 1994, 108 Stat. 1741, 

provided in part: ‘‘That hereafter all receipts received 

from the sale of aeronautical charts that result from an 

increase in the price of individual charts above the 

level in effect for such charts on September 30, 1993, 

shall be deposited in this account [NATIONAL OCEANIC

AND ATMOSPHERIC ADMINISTRATION and OPERATIONS, RESEARCH, AND FACILITIES] as an offsetting collection and 

shall be available for obligation.’’ 

Similar provisions were contained in the following 

prior appropriation act: 

Pub. L. 103–121, title II, Oct. 27, 1993, 107 Stat. 1170. 

PRICE FREEZE ON CHARTS AND OTHER PRODUCTS OF

NOAA 

Pub. L. 102–567, title IV, §405, Oct. 29, 1992, 106 Stat. 

4292, provided that: ‘‘Notwithstanding section 1307 of 

title 44, United States Code, the price of nautical 

charts or other nautical products produced or published 

by the National Oceanic and Atmospheric Administration and sold after the date of the enactment of this 

Act [Oct. 29, 1992] shall not exceed the price of that 

type of chart or product on the date of enactment of 

this Act adjusted for inflation. This section shall not 

apply after September 30, 1994.’’ 

§ 1308. Coast Guard: annual report of the Commandant 

The Secretary of the department in which the 

Coast Guard is operating may authorize the 

printing of the annual report of the Commandant of the Coast Guard in such editions as 

the interests of the Government and of the public require. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267; Pub. 

L. 109–241, title IX, §902(d), July 11, 2006, 120 

Stat. 567.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213 (Jan. 12, 1895, ch. 

23, §89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 Stat. 466; 

Feb. 14, 1903, ch. 552, §§4, 10, 32 Stat. 826, 829; Mar. 3, 

1925, ch. 421, §4, 43 Stat. 1106; 1939 Reorg. Plan No. II, 

§2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Aug. 4, 

1949, ch. 393, §§1, 20, 63 Stat. 496, 561; Oct. 15, 1966, Pub. 

L. 89–670, 80 Stat. 931). 

This section incorporates only so much of the third 

sentence of the second paragraph of former section 213 

as relates to the annual report of the Commandant of 

the Coast Guard. The balance will be found in sections 

1102, 1116, 1302, 1309, 1310, 1336 of the revision. 

AMENDMENTS

2006—Pub. L. 109–241 substituted ‘‘Secretary of the department in which the Coast Guard is operating’’ for 

‘‘Secretary of the Department of Transportation’’. 

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and 

assets of the Coast Guard, including the authorities 

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, 

and for treatment of related references, see sections 

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set 

out as a note under section 542 of Title 6. 

§ 1309. Coast Guard: notices to mariners and 

other special publications 

The Secretary of the department in which the 

Coast Guard is operating may authorize the 

printing of notices to mariners and other special 

publications of the Coast Guard in such editions 

as the interests of the Government and of the 

public require. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267; Pub. 

L. 109–241, title IX, §902(d), July 11, 2006, 120 

Stat. 567.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213 (part) (Jan. 12, 

1895, ch. 23, §89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 

Stat. 466; Feb. 14, 1903, ch. 552, §§4, 10, 32 Stat. 826, 829; 

Mar. 3, 1925, ch. 421, §4, 43 Stat. 1106; 1939 Reorg. Plan 

No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; 

Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561; Oct. 15, 

1966, Pub. L. 89–670, 80 Stat. 931). 

This section incorporates applicable parts of the 

third sentence of the second paragraph of former section 213. The balance will be found in sections 1102, 1116, 

1302, 1308, 1310, 1336 of the revision. 

AMENDMENTS

2006—Pub. L. 109–241 substituted ‘‘Secretary of the department in which the Coast Guard is operating’’ for 

‘‘Secretary of the Department of Transportation’’. 

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and 

assets of the Coast Guard, including the authorities 

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, 

and for treatment of related references, see sections 

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set 

out as a note under section 542 of Title 6. 

§ 1310. Commerce Department: navigation and 

weather information 

The Secretary of Commerce may cause to be 

printed the number of copies of tide tables, 

coast pilots, and other special publications relating to the Coast and Geodetic Survey, Weather Bureau maps, charts, bulletins of not more 

than one hundred octavo pages, and minor reports of the Weather Bureau, he considers for 

the best interest of the Government. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213 (part) (Jan. 12, 

1895, ch. 23, §89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 

Stat. 466; Mar. 3, 1925, ch. 421, §4, 43 Stat. 1106; 1940 

Reorg. Plan No. IV, §8, eff. June 30, 1940, 54 Stat. 1234; 

Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 

79 Stat. 1318). 

This section incorporates only parts of former section 

213 relating to Coast and Geodetic Survey and Weather 

Bureau. The balance will be found in sections 1102, 1116, 

1302, 1308, 1309, 1336 of the revision. 

CHANGE OF NAME

Weather Bureau of Department of Commerce consolidated with Coast and Geodetic Survey to form a new 

agency in Department of Commerce to be known as Environmental Science Services Administration and office of Chief of Weather Bureau abolished by Reorg. 

Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 

1318, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Bureau and 

[§ 1311 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 40 

Chief of Bureau transferred to Secretary of Commerce 

by the Plan. 

Environmental Science Services Administration 

abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 

35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to 

Title 5, Government Organization and Employees, 

which created National Oceanic and Atmospheric Administration in Department of Commerce. By Department Organization Order 25–5A, republished 39 F.R. 

27486, Secretary of Commerce delegated to NOAA his 

functions relating to Weather Bureau. By order of Acting Associate Administrator of NOAA, organization 

name of Weather Bureau changed to National Weather 

Service. By order of Acting Associate Administrator of 

NOAA, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic 

Survey redesignated National Ocean Survey. For further details, see Codification note set out under section 

311 of Title 15, Commerce and Trade. 

[§ 1311. Repealed. Pub. L. 104–316, title I, 

§ 123(b)(1), Oct. 19, 1996, 110 Stat. 3839] 

Section, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267, related to printing and distribution of decisions and opinions of Comptroller General. 

§ 1312. Director of Public Health of District of 

Columbia: report 

In addition to the usual number of the report 

of the Director of Public Health of the District 

of Columbia, one thousand five hundred copies 

shall be printed: one hundred for the Senate, 

three hundred and sixty for the House of Representatives, and one thousand and forty for the 

Director of Public Health. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §263 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614; Aug. 1, 1950, ch. 513, §1, 64 Stat. 393). 

§ 1313. Education, Commissioner of: report 

In addition to the usual number of the report 

of the Commissioner of Education, thirty-five 

thousand copies shall be printed: five thousand 

for the Senate, ten thousand for the House of 

Representatives, and twenty thousand for distribution by the Commissioner of Education. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §253 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614). 

TRANSFER OF FUNCTIONS

Functions of Commissioner of Education transferred 

to Secretary of Education pursuant to section 3441(a)(1) 

of Title 20, Education. 

§ 1314. Ephemeris and Nautical Almanac 

The ‘‘usual number’’ of copies of the American 

Ephemeris and Nautical Almanac may not be 

printed. Instead, there shall be printed and 

bound two thousand five hundred copies, uniform with the editions printed for the Department of the Navy, five hundred of which shall be 

for the use of the Senate, one thousand for the 

use of the House of Representatives, and one 

thousand for distribution or sale by the Department of the Navy. The Secretary of the Navy 

may cause to be published of the papers supplementary to the Ephemeris and Nautical Almanac, one thousand five hundred copies in addition to the usual number, one hundred copies for 

the Senate, four hundred for the House of Representatives, and one thousand for distribution 

or sale by the Department of the Navy. The Secretary of the Navy may cause additional copies 

of the Nautical Almanacs extracted from the 

Ephemeris, to be printed for the public service 

and for sale to navigators and others. Moneys 

received from sales of the Ephemeris and of the 

Nautical Almanacs shall be deposited in the 

Treasury and placed to the credit of the general 

fund for public printing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1267.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §254 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 613; May 13, 1902, No. 20, 32 Stat. 740; 

July 1, 1902, ch. 1368, 32 Stat. 678). 

§ 1315. Fish and Wildlife Service: bulletins 

In addition to the usual number of the bulletins of the Fish and Wildlife Service, five 

thousand copies shall be printed: one thousand 

for the Senate, two thousand for the House of 

Representatives, and two thousand for distribution by the Service. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1268.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §258 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614; 1940 Reorg. Plan No. III, §3, eff. 

June 30, 1940, 5 F.R. 2108, 54 Stat. 1232). 

TRANSFER OF FUNCTIONS

Fish and Wildlife Service, created by Reorg. Plan No. 

III of 1940, §3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, 

succeeded by United States Fish and Wildlife Service 

established by act Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1119. 

See section 742b of Title 16, Conservation. 

§ 1316. Fish and Wildlife Service: report of the Director 

In addition to the usual number of the report 

of the Director of the Fish and Wildlife Service, 

eight thousand copies shall be printed: two thousand for the Senate, four thousand for the House 

of Representatives, and two thousand for distribution by the Service. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1268.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §259 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614; 1940 Reorg. Plan No. III, §3, eff. 

June 30, 1940, 5 F.R. 2108, 54 Stat. 1232). 

TRANSFER OF FUNCTIONS

Fish and Wildlife Service, created by Reorg. Plan No. 

III of 1940, §3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, 

succeeded by United States Fish and Wildlife Service 

established by act Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1119. 

See section 742b of Title 16, Conservation. 

§ 1317. Foreign Relations 

In addition to the usual number of Foreign Relations, three thousand copies of each shall be 

printed: one thousand for the Senate and two 

thousand for the House of Representatives. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1268.) 

Page 41 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1320 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §250 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 613). 

PUBLICATION OF ‘‘FOREIGN RELATIONS OF THE UNITED

STATES’’ AT CONTINUING HIGH STANDARD OF DOCUMENTATION

Pub. L. 95–426, title I, §120, Oct. 7, 1978, 92 Stat. 970, 

provided that: 

‘‘(a) The Congress finds that the Department of State 

publication ‘Foreign Relations of the United States’ 

plays an important role in making the documentary 

record of United States foreign relations available to 

the Congress and the American public. 

‘‘(b) The Secretary of State shall therefore insure 

that publication of the ‘Foreign Relations of the United 

States’ volumes is continued in such a manner as will 

maintain the high standard of comprehensive documentation already established by past volumes.’’ 

WRITTEN REQUESTS FOR DOCUMENTS

Pub. L. 94–59, title VIII, July 25, 1975, 89 Stat. 296, provided that: ‘‘Hereafter, notwithstanding any other provisions of law, appropriations for the automatic distribution to Senators and Representatives (including 

Delegates to Congress and the Resident Commissioner 

from Puerto Rico) of copies of the Foreign Relations of 

the United States, the United States Treaties and 

Other International Agreements, the District of Columbia Code and Supplements, and more than one bound 

set of the United States Code and Supplements shall 

not be available with respect to any Senator or Representative unless such Senator or Representative specifically, in writing, requests that he receive copies of 

such documents.’’ 

§ 1318. Geological Survey: classes and sizes of 

publications; report of mineral resources; 

number of copies; reprints; distribution 

The publications of the Geological Survey 

shall consist of the annual report of the Director, which shall be confined to one volume of 

royal octavo size; monographs, of quarto size; 

professional papers, of quarto size; bulletins, of 

ordinary octavo size; watersupply and irrigation 

papers, of ordinary octavo size; and maps, folios, 

and atlases required by law. 

In addition to the usual number of the report 

of the Geological Survey, ten thousand copies 

shall be printed: two thousand for the Senate, 

four thousand for the House of Representatives, 

four thousand for distribution by the Geological 

Survey. 

The reports of the Geological Survey, except 

the annual report of the Director, shall be published in editions recommended in each case by 

the Director and approved by the Secretary of 

the Interior, but not to exceed ten thousand copies. 

When the edition of a report of the Survey is 

exhausted, and the demand for it continues, 

there may be published, on the requisition of the 

Secretary of the Interior, as many additional 

copies of the report as the Director of the Survey states will, in his judgment, be necessary to 

meet the demand. 

The report of the mineral resources of the 

United States shall be published in two octavo 

volumes and as a distinct publication, the number of copies, printing of separate chapters, and 

mode of distribution of which shall be the same 

as of the annual report. 

Three thousand copies of the monographs and 

bulletins of the Geological Survey shall be published. 

The bulletins and professional papers shall be 

distributed gratuitously and of the number published one thousand copies shall be delivered to 

the Senate and two thousand copies to the 

House of Representatives, for distribution. 

The Director of the Geological Survey shall 

transmit to the Library of Congress two copies 

of every report of the bureau as soon as the first 

delivery to the Survey is made, in addition to 

those received by the Library of Congress under 

any other law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1268.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §260 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614; Mar. 2, 1895, ch. 189, §1, 28 Stat. 960; 

June 11, 1896, ch. 420, §1, 29 Stat. 453; June 4, 1897, ch. 

2, §1, 30 Stat. 61; Mar. 2, 1901, No. 17, 31 Stat. 1465; May 

16, 1902, No. 22, 32 Stat. 741; Mar. 4, 1909, ch. 299, §1, 35 

Stat. 988). 

CHANGE OF NAME

Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102–154, 

set out as a note under section 31 of Title 43, Public 

Lands. 

§ 1319. Geological Survey: specific appropriations 

required for monographs and bulletins 

The scientific reports known as the monographs and bulletins of the Geological Survey 

may not be published until specific and detailed 

estimates and specific appropriations based on 

these estimates are made for them. Engravings 

for the annual reports for monographs and bulletins, or of illustrations, sections, and maps, 

may not be made until specific estimates are 

submitted and specific appropriations made 

based on the estimates. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §261 (Jan. 12, 1895, ch. 

23, §79, 28 Stat. 621; June 7, 1924, ch. 303, 43 Stat. 592). 

CHANGE OF NAME

Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102–154, 

set out as a note under section 31 of Title 43, Public 

Lands. 

§ 1320. Geological Survey: distribution of publications to public libraries 

The Director of the Geological Survey shall 

distribute to public libraries that have not already received them, copies of sale publications 

on hand at the expiration of five years after date 

of delivery to the Survey document room, excepting a reserve number not to exceed two hundred copies. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §262 (Mar. 3, 1903, ch. 

1007, §1, 32 Stat. 1146). 

CHANGE OF NAME

Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102–154, 

set out as a note under section 31 of Title 43, Public 

Lands. 

§ 1320A TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 42 

§ 1320A. Historical societies’ publications 

Notwithstanding any other provision of law, 

and with the approval of the Joint Committee 

on Printing, the Public Printer shall provide for 

such printing services and distribution with respect to publications of the United States Capitol Historical Society, the Supreme Court Historical Society, or the White House Historical 

Association as such Society or Association may 

request: Provided, That such Society or Association reimburses the Public Printer for the actual expenses incurred by him in providing for 

such services and distribution. 

(Added Pub. L. 96–536, §101(c), Dec. 16, 1980, 94 

Stat. 3167.) 

CODIFICATION

Section is based on section 304(a) of H.R. 7593, as 

passed the House of Representatives, July 21, 1980, and 

incorporated by reference in section 101(c) of Pub. L. 

96–536, to be effective as if enacted into law. 

§ 1321. Hydrographic Surveys; foreign surveys 

Appropriations made for the preparation or 

publication of foreign hydrographic surveys may 

be applicable only upon approval by the Secretary of the Navy, after a report from three 

competent naval officers that the original data 

for proposed charts justify their publication. 

The Secretary of the Navy shall order a board of 

three naval officers to examine and report upon 

the data before he approves an application of 

moneys to the preparation or publication of 

charts or hydrographic surveys. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §265 (R.S. §3686; Jan. 

12, 1895, ch. 23, §78, 28 Stat. 621). 

§ 1322. Immigration and Naturalization Service: 

report 

The number of copies, not to exceed five thousand, to be printed of the annual reports of the 

Immigration and Naturalization Service of the 

Department of Justice shall be subject to the 

discretion of the Attorney General. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §266 (Mar. 3, 1905, No. 

33, 33 Stat. 1287; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737; Ex. 

Ord. No. 6166, §14, June 10, 1933; 1940 Reorg. Plan No. V, 

§1, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238). 

ABOLITION OF IMMIGRATION AND NATURALIZATION

SERVICE AND TRANSFER OF FUNCTIONS

For abolition of Immigration and Naturalization 

Service, transfer of functions, and treatment of related 

references, see note set out under section 1551 of Title 

8, Aliens and Nationality. 

§ 1323. Interstate Commerce Commission: report 

In addition to the usual number of the annual 

report of the Interstate Commerce Commission, 

three thousand copies shall be printed: one thousand for the Senate, two thousand for the House, 

and for the use of the Commission that number 

of the report and other documents incident to 

interstate commerce for distribution by it as it 

considers expedient. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §269 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614). 

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND

TRANSFER OF FUNCTIONS

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise 

provided in Pub. L. 104–88, to Surface Transportation 

Board effective Jan. 1, 1996, by section 702 of Title 49, 

Transportation, and section 101 of Pub. L. 104–88, set 

out as a note under section 701 of Title 49. References 

to Interstate Commerce Commission deemed to refer to 

Surface Transportation Board, a member or employee 

of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a 

note under section 701 of Title 49. 

§ 1324. Labor Statistics, Bureau of: bulletins 

There shall be printed one edition of fifteen 

thousand copies of each issue of the bulletin of 

the Bureau of Labor Statistics authorized by 

section 5 of Title 29, and extra copies not to exceed twenty thousand of any single issue, when 

in the opinion of the Commissioner of Labor 

Statistics the demand for the bulletin makes an 

extra edition necessary. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §270 (Mar. 2, 1895, ch. 

177, §1, 28 Stat. 805; June 4, 1897, ch. 2, §1, 30 Stat. 61; 

June 6, 1900, ch. 791, §1, 31 Stat. 644; Mar. 4, 1913, ch. 141, 

§3, 37 Stat. 737). 

§ 1325. Labor Statistics, Bureau of: report of 

Commissioner 

In addition to the usual number of the report 

of the Commissioner of Labor Statistics, twenty-five thousand copies shall be printed: five 

thousand for the Senate, ten thousand for the 

House of Representatives, and ten thousand for 

distribution by the Commissioner. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1269.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §271 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 614; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737). 

§ 1326. Librarian of Congress: reports 

Five thousand copies of the annual and special 

reports of the Librarian of Congress submitted 

to Congress, shall be printed and bound in cloth 

for the Library of Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §156 (Feb. 24, 1904, No. 

8, 33 Stat. 583). 

§ 1327. Mines, Bureau of: publications 

The publications of the Bureau of Mines shall 

be published in editions recommended by the 

Secretary of the Interior, but not to exceed ten 

thousand copies for the first edition. When the 

edition of a publication of the Bureau of Mines 

is exhausted and the demand for it continues, 

there may be published, on the requisition of the 

Secretary of the Interior, as many additional 

Page 43 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1333 

copies as the Secretary of the Interior considers 

necessary to meet the demand. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §272 (June 25, 1910, No. 

36 §§1, 2, 36 Stat. 883; Ex. Ord. No. 6611, Feb. 22, 1934). 

CHANGE OF NAME

Bureau of Mines redesignated United States Bureau 

of Mines by section 10(b) of Pub. L. 102–285, set out as 

a note under section 1 of Title 30, Mineral Lands and 

Mining. For provisions relating to closure and transfer 

of functions of the United States Bureau of Mines, see 

note set out under section 1 of Title 30. 

§ 1328. Merchant vessels of the United States 

Five thousand copies of the annual list of merchant vessels of the United States may be printed for distribution by the Coast Guard. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §249 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616; Feb. 14, 1903, ch. 552, §4, 32 Stat. 826; 

June 30, 1932, ch. 314, §501, 47 Stat. 415; May 27, 1936, ch. 

463, §1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§101–104, 

eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097). 

The first paragraph of former section 249, act Jan. 12, 

1895, ch. 23, sec. 73, 28 Stat. 616, was omitted as obsolete. Paragraph related to report on Commerce and 

Navigation and on Internal Commerce. These reports 

were discontinued. 

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and 

assets of the Coast Guard, including the authorities 

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, 

and for treatment of related references, see sections 

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set 

out as a note under section 542 of Title 6. 

§ 1329. Mint: reports of Director 

There may be printed, in the discretion of the 

Secretary of the Treasury, for distribution by 

the Treasury Department, two thousand copies 

of the annual report of the Director of the Mint 

on the operations of the mint and assay offices 

with appendices, and of the annual report of the 

Director of the Mint on the production of precious metals. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §273 (Mar. 4, 1907, No. 

24, 34 Stat. 1424). 

§ 1330. Monthly Summary Statement of Imports 

and Exports 

There shall be printed monthly by the Public 

Printer thirty-five hundred copies of the Monthly Summary Statement of Imports and Exports 

and other statistical information prepared by 

the Secretary of Commerce, five hundred for the 

Senate, one thousand for the House of Representatives, and two thousand for the Department of Commerce. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §298 (Dec. 18, 1895, No. 

1, 29 Stat. 459; Feb. 14, 1903, ch. 552, §4, 32 Stat. 826; Aug. 

23, 1912, ch. 350, §1, 37 Stat. 407; 1950 Reorg. Plan No. 5, 

§§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263). 

§ 1331. National Academy of Sciences: report 

In addition to the usual number of the report 

of the National Academy of Sciences, two thousand copies shall be printed: five hundred for the 

Senate, one thousand for the House of Representatives, and five hundred for distribution 

by the National Academy of Sciences. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §275 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616). 

§ 1332. National encampments of Veterans’ organizations; proceedings printed annually for 

Congress 

The proceedings of the national encampments 

of the Veterans of Foreign Wars of the United 

States, the American Legion, the Military Order 

of the Purple Heart, the Veterans of World War 

I of the United States of America, Incorporated, 

the Disabled American Veterans, and the 

AMVETS (American Veterans of World War II), 

respectively, shall be printed annually, with accompanying illustrations, as separate House 

documents of the session of the Congress to 

which they may be submitted. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270; Pub. 

L. 105–225, §3, Aug. 12, 1998, 112 Stat. 1498.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §275b (Mar. 2, 1931, ch. 

378, §1, 46 Stat. 1481; Sept. 18, 1941, ch. 411, 55 Stat. 686; 

July 15, 1942, ch. 505, §1, 56 Stat. 659; Aug. 27, 1963, Pub. 

L. 88–105, §1, 77 Stat. 130; Dec. 21, 1963, Pub. L. 88–224, 

77 Stat. 469). 

AMENDMENTS

1998—Pub. L. 105–225 struck out ‘‘the United Spanish 

War Veterans,’’ before ‘‘the Veterans of Foreign Wars 

of the United States’’. 

§ 1333. National high school and college debate 

topics 

(a) The Librarian of Congress shall prepare 

compilations of pertinent excerpts, bibliographical references, and other appropriate materials relating to: 

(1) the subject selected annually by the National University Extension Association as the 

national high school debate topic and 

(2) the subject selected annually by the 

American Speech Association as the national 

college debate topic. 

In preparing the compilations the Librarian 

shall include materials which in his judgment 

are representative of, and give equal emphasis 

to, the opposing points of view on the respective 

topics. 

(b) The compilations on the high school debate 

topics shall be printed as Senate documents and 

the compilations on the college debate topics 

shall be printed as House of Representatives 

documents, the cost of which shall be charged to 

§ 1334 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 44 

the congressional allotment for printing and 

binding. Additional copies may be printed in the 

quantities and distributed in the manner the 

Joint Committee on Printing directs. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1270.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. III, §170 [§276a] 

(Dec. 30, 1963, Pub. L. 88–246, §§1, 2, 77 Stat. 802). 

§ 1334. Naval Intelligence Office: additional copies of publications 

In addition to one thousand copies previously 

authorized, the Secretary of the Navy may print 

extra copies of the publications of the Office of 

Naval Intelligence necessary for distribution to 

the naval service and to meet other official demands. The edition of any one publication may 

not exceed two thousand copies. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1271.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §278 (Mar. 21, 1900, No. 

14, 31 Stat. 713). 

§ 1335. Naval Observatory Observations 

In addition to the usual number of the Observations of the Naval Observatory, one thousand 

eight hundred copies shall be printed: three hundred for the Senate, seven hundred for the House 

of Representatives, and eight hundred for distribution by the Naval Observatory; and of the 

astronomical appendixes to the Observations, 

one thousand two hundred separate copies, and 

of the meteorological and magnetic observations 

one thousand separate copies, for distribution 

by the Naval Observatory. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1271.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §279 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 613). 

§ 1336. National Geospatial-Intelligence Agency: 

special publications 

The Director of the National Geospatial-Intelligence Agency may authorize the printing of 

notices to mariners, light lists, sailing directions, bulletins, and other special publications 

of the National Geospatial-Intelligence Agency 

in editions the interests of the Government and 

of the public may require. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1271; Pub. 

L. 104–201, div. A, title XI, §§1112(e)(2), 1123(b)(1), 

Sept. 23, 1996, 110 Stat. 2684, 2688; Pub. L. 108–136, 

div. A, title IX, §921(g), Nov. 24, 2003, 117 Stat. 

1570.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §213 (Jan. 12, 1895, ch. 

23, §89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 Stat. 466; 

Mar. 3, 1925, ch. 421, §4, 43, Stat. 1106; July 10, 1962, Pub. 

L. 87–533, §§1, 2, 76 Stat. 154). 

This section incorporates only part of the third sentence, second paragraph of former section 213. The balance will be found in sections 1102, 1116, 1302, 1308, 1309, 

1310, of the revision. 

AMENDMENTS

2003—Pub. L. 108–136 substituted ‘‘National 

Geospatial-Intelligence Agency’’ for ‘‘National Imagery 

and Mapping Agency’’ in section catchline and two 

places in text. 

1996—Pub. L. 104–201, §1123(b)(1), substituted ‘‘National Imagery and Mapping Agency’’ for ‘‘Naval 

Oceanographic Office’’ in section catchline. 

Pub. L. 104–201, §1112(e)(2), substituted ‘‘Director of 

the National Imagery and Mapping Agency’’ for ‘‘Secretary of the Navy’’ and ‘‘National Imagery and Mapping Agency’’ for ‘‘United States Naval Oceanographic 

Office’’. 

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–201 effective Oct. 1, 1996, 

see section 1124 of Pub. L. 104–201, set out as a note 

under section 193 of Title 10, Armed Forces. 

[§§ 1337, 1338. Repealed. Pub. L. 106–113, div. B, 

§ 1000(a)(9) [title IV, § 4732(b)(25)], Nov. 29, 

1999, 113 Stat. 1536, 1501A–585] 

Section 1337, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1271, 

related to publications authorized to be printed by the 

Commissioner of Patents. 

Section 1338, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1272, 

related to limitations and conditions concerning printing and lithographing by the Patent Office. 

EFFECTIVE DATE OF REPEAL

Repeal effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out 

as an Effective Date of 1999 Amendment note under section 1 of Title 35, Patents. 

§ 1339. Printing of the President’s Message 

The message of the President without the accompanying documents and reports shall be 

printed in pamphlet form, immediately upon its 

receipt by Congress. In addition to the usual 

number, fifteen thousand copies shall be printed, 

of which five thousand shall be for the Senate, 

and ten thousand for the House of Representatives. 

In addition to the usual number of the President’s message and accompanying documents, 

there shall be printed one thousand copies for 

the Senate and two thousand for the House of 

Representatives. The President’s message shall 

be delivered by the printer to the appropriate officers of each House of Congress on or before the 

third Wednesday next after the meeting of Congress, or as soon after as may be practicable. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1272.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §285 (R.S. §3810; Jan. 

12, 1895, ch. 23, §73, 28 Stat. 615). 

§ 1340. Public Printer: annual report 

In addition to the usual number of the annual 

report of the Public Printer, one thousand copies shall be printed to be distributed under his 

direction. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1272.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §288 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 618). 

§ 1341. Smithsonian Institution: report 

In addition to the usual number of the report 

of the Smithsonian Institution ten thousand 

copies shall be printed: one thousand for the 

Senate, two thousand for the House of RepVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00052 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 45 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1502 

resentatives, five thousand for distribution by 

the Smithsonian Institution, and two thousand 

for distribution by the National Museum. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1272.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §289 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616). 

[§ 1342. Repealed. Pub. L. 104–127, title IV, § 384, 

Apr. 4, 1996, 110 Stat. 1016] 

Section, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1272, related to reports and congressional allotments for soil 

area surveys. 

§ 1343. Statistical Abstract of the United States 

In addition to the usual number of the Statistical Abstract of the United States, twelve thousand copies shall be printed: three thousand for 

the Senate, six thousand for the House of Representatives, and three thousand for distribution 

by the Secretary of Commerce. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §291 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616; Aug. 23, 1912, ch. 350, §1, 37 Stat. 407; 

1950 Reorg. Plan No. 5, §§1, 2, eff. May 24, 1950, 15 F.R. 

3174, 64 Stat. 1263). 

§ 1344. Treasury Department: reports 

In addition to the usual number of the finance 

report of the Secretary of the Treasury, one 

thousand copies for the Senate and two thousand for the House of Representatives shall be 

printed in addition to those published as part of 

the departmental report. 

In addition to the usual number of the annual 

report of the Comptroller of the Currency, thirteen thousand copies shall be printed: one thousand for the Senate, two thousand for the House 

of Representatives, and ten thousand for distribution by the Comptroller of the Currency. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §295 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 616; Mar. 4, 1907, No. 25, 34 Stat. 1425). 

CHAPTER 15—FEDERAL REGISTER AND 

CODE OF FEDERAL REGULATIONS 

Sec. 

1501. Definitions. 

1502. Custody and printing of Federal documents; 

appointment of Director. 

1503. Filing documents with Office; notation of 

time; public inspection; transmission for 

printing. 

1504. ‘‘Federal Register’’; printing; contents; distribution; price. 

1505. Documents to be published in Federal Register. 

1506. Administrative Committee of the Federal 

Register; establishment and composition; 

powers and duties. 

1507. Filing document as constructive notice; publication in Federal Register as presumption 

of validity; judicial notice; citation. 

1508. Publication in Federal Register as notice of 

hearing. 

1509. Costs of publication, etc. 

1510. Code of Federal Regulations. 

Sec. 

1511. International agreements excluded from provisions of chapter. 

AMENDMENTS

1977—Pub. L. 95–94, title IV, §408(a)(2), Aug. 5, 1977, 91 

Stat. 683, substituted ‘‘Costs of publication, etc.’’ for 

‘‘Cost of publication; appropriations authorized; penalty mail privilege’’ in item 1509. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 1501. Definitions 

As used in this chapter, unless the context 

otherwise requires— 

‘‘document’’ means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, 

issued, prescribed, or promulgated by a Federal agency; 

‘‘Federal agency’’ or ‘‘agency’’ means the 

President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative 

branch of the Government of the United 

States but not the legislative or judicial 

branches of the Government; 

‘‘person’’ means an individual, partnership, 

association, or corporation; and 

‘‘National Archives of the United States’’ 

has the same meaning as in section 2901(11) of 

this title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273; Pub. 

L. 98–497, title I, §107(b)(2), Oct. 19, 1984, 98 Stat. 

2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §304 (July 26, 1935, ch. 

417, §4, 49 Stat. 501). 

AMENDMENTS

1984—Pub. L. 98–497 inserted definition of ‘‘National 

Archives of the United States’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 1502. Custody and printing of Federal documents; appointment of Director 

The Archivist of the United States, acting 

through the Office of the Federal Register, is 

charged with the custody and, together with the 

Public Printer, with the prompt and uniform 

printing and distribution of the documents required or authorized to be published by section 

1505 of this title. There shall be at the head of 

the Office a director, appointed by, and who 

shall act under the general direction of, the Archivist of the United States in carrying out this 

chapter and the regulations prescribed under it. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273; Pub. 

L. 98–497, title I, §107(b)(3), Oct. 19, 1984, 98 Stat. 

2287.) 

§ 1503 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 46 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §301 (July 26, 1935, ch. 

417, §1, 49 Stat. 500; 1939 Reorg. Plan No. II, §202, eff. 

July 1, 1939, 4 F.R. 2732, 53 Stat. 1435; June 30, 1949, ch. 

288, title I, §104(a), 63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’ wherever appearing. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 1503. Filing documents with Office; notation of 

time; public inspection; transmission for 

printing 

The original and two duplicate originals or 

certified copies of a document required or authorized to be published by section 1505 of this 

title shall be filed with the Office of the Federal 

Register, which shall be open for that purpose 

during all hours of the working days when the 

National Archives Building is open for official 

business. The Archivist of the United States 

shall cause to be noted on the original and duplicate originals or certified copies of each document the day and hour of filing. When the original is issued, prescribed, or promulgated outside 

the District of Columbia, and certified copies 

are filed before the filing of the original, the notation shall be of the day and hour of filing of 

the certified copies. Upon filing, at least one 

copy shall be immediately available for public 

inspection in the Office. The original shall be retained by the National Archives and Records Administration and shall be available for inspection under regulations prescribed by the Archivist, unless such original is disposed of in accordance with disposal schedules submitted by 

the Administrative Committee of the Federal 

Register and authorized by the Archivist pursuant to regulations issued under chapter 33 of 

this title; however, originals of proclamations of 

the President and Executive orders shall be permanently retained by the Administration as 

part of the National Archives of the United 

States. The Office shall transmit immediately 

to the Government Printing Office for printing, 

as provided by this chapter, one duplicate original or certified copy of each document required 

or authorized to be published by section 1505 of 

this title. Every Federal agency shall cause to 

be transmitted for filing the original and the duplicate originals or certified copies of all such 

documents issued, prescribed, or promulgated by 

the agency. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274; Pub. 

L. 95–440, §2, Oct. 10, 1978, 92 Stat. 1063; Pub. L. 

98–497, title I, §107(b)(4), Oct. 19, 1984, 98 Stat. 

2287.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §302 (July 26, 1935, ch. 

417, §2, 49 Stat. 500; June 30, 1949, ch. 288, title I, §104(a), 

63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’, ‘‘National Archives and Records Administration’’ 

for ‘‘General Services Administration’’, and ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. 

1978—Pub. L. 95–440 substituted provision for retention of original documents by the General Services Administration for prior provision for retention in the archives of the National Archives and inserted provisions 

dispensing with such retention when disposals are made 

in accordance with disposal schedules and requiring retention of original proclamations of the President and 

Executive orders as part of the National Archives. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 1504. ‘‘Federal Register’’; printing; contents; distribution; price 

Documents required or authorized to be published by section 1505 of this title shall be printed and distributed immediately by the Government Printing Office in a serial publication designated the ‘‘Federal Register.’’ The Public 

Printer shall make available the facilities of the 

Government Printing Office for the prompt 

printing and distribution of the Federal Register 

in the manner and at the times required by this 

chapter and the regulations prescribed under it. 

The contents of the daily issues shall be indexed 

and shall comprise all documents, required or 

authorized to be published, filed with the Office 

of the Federal Register up to the time of the day 

immediately preceding the day of distribution 

fixed by regulations under this chapter. There 

shall be printed with each document a copy of 

the notation, required to be made by section 1503 

of this title, of the day and hour when, upon filing with the Office, the document was made 

available for public inspection. Distribution 

shall be made by delivery or by deposit at a post 

office at a time in the morning of the day of distribution fixed by regulations prescribed under 

this chapter. The prices to be charged for the 

Federal Register may be fixed by the Administrative Committee of the Federal Register established by section 1506 of this title without 

reference to the restrictions placed upon and 

fixed for the sale of Government publications by 

sections 1705 and 1708 of this title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964, ed., §303 (July 26, 1935, ch. 

417, §3, 49 Stat. 500). 

§ 1505. Documents to be published in Federal 

Register 

(a) PROCLAMATIONS AND EXECUTIVE ORDERS; 

DOCUMENTS HAVING GENERAL APPLICABILITY AND

LEGAL EFFECT; DOCUMENTS REQUIRED TO BE

PUBLISHED BY CONGRESS. There shall be published in the Federal Register— 

(1) Presidential proclamations and Executive 

orders, except those not having general applicability and legal effect or effective only 

against Federal agencies or persons in their 

capacity as officers, agents, or employees 

thereof; 

(2) documents or classes of documents that 

the President may determine from time to 

time have general applicability and legal effect; and 

Page 47 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1505 

(3) documents or classes of documents that 

may be required so to be published by Act of 

Congress. 

For the purposes of this chapter every document or order which prescribes a penalty has 

general applicability and legal effect. 

(b) DOCUMENTS AUTHORIZED TO BE PUBLISHED

BY REGULATIONS; COMMENTS AND NEWS ITEMS EXCLUDED. In addition to the foregoing there shall 

also be published in the Federal Register other 

documents or classes of documents authorized 

to be published by regulations prescribed under 

this chapter with the approval of the President, 

but comments or news items of any character 

may not be published in the Federal Register. 

(c) SUSPENSION OF REQUIREMENTS FOR FILING

OF DOCUMENTS; ALTERNATE SYSTEMS FOR PROMULGATING, FILING, OR PUBLISHING DOCUMENTS; 

PRESERVATION OF ORIGINALS. In the event of an 

attack or threatened attack upon the continental United States and a determination by the 

President that as a result of an attack or threatened attack— 

(1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or 

(2) under existing conditions publication in 

the Federal Register would not serve to give 

appropriate notice to the public of the contents of documents, the President may, without regard to any other provision of law, suspend all or part of the requirements of law or 

regulation for filing with the Office or publication in the Federal Register of documents or 

classes of documents. 

The suspensions shall remain in effect until 

revoked by the President, or by concurrent resolution of the Congress. The President shall establish alternate systems for promulgating, filing, or publishing documents or classes of documents affected by such suspensions, including 

requirements relating to their effectiveness or 

validity, that may be considered under the then 

existing circumstances practicable to provide 

public notice of the issuance and of the contents 

of the documents. The alternate systems may, 

without limitation, provide for the use of regional or specialized publications or depositories 

for documents, or of the press, the radio, or 

similar mediums of general communication. 

Compliance with alternate systems of filing or 

publication shall have the same effect as filing 

with the Office or publication in the Federal 

Register under this chapter or other law or regulation. With respect to documents promulgated 

under alternate systems, each agency shall preserve the original and two duplicate originals or 

two certified copies for filing with the Office 

when the President determines that it is practicable. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964, ed., §305 (July 26, 1935, ch. 

417, §5, 49 Stat. 501; June 25, 1956, ch. 444, 70 Stat. 337). 

DELEGATION OF FUNCTIONS

For delegation of functions vested in President by 

section 5(a) of Federal Register Act [now subsec. (a) of 

this section], to Attorney General and Archivist of 

United States, see section 6(a) of Ex. Ord. No. 10530, 

May 11, 1954, 19 F.R. 2709, as amended, set out as a note 

under section 301 of Title 3, The President. See, also, 

section 103(b)(1) of Pub. L. 98–497, set out as a note 

under section 2102 of this title. 

EX. ORD. NO. 11030. PREPARATION, PRESENTATION, FILING, AND PUBLICATION OF EXECUTIVE ORDERS AND

PROCLAMATIONS

Ex. Ord. No. 11030, June 19, 1962, 27 F.R. 5847, as 

amended by Ex. Ord. 11354, May 23, 1967, 32 F.R. 7695; 

Ex. Ord. No. 12080, Sept. 18, 1978, 43 F.R. 42235; Ex. Ord. 

No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13403, 

§1, May 12, 2006, 71 F.R. 28543, provided: 

By virtue of the authority vested in me by the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. 301 

et seq.) [now this chapter], and as President of the 

United States, I hereby prescribe the following regulations governing the preparation, presentation, filing, 

and publication of Executive orders and proclamations: 

SECTION 1. Form. Proposed Executive orders and proclamations shall be prepared in accordance with the following requirements: 

(a) The order or proclamation shall be given a suitable title. 

(b) The order or proclamation shall contain a citation 

of the authority under which it is issued. 

(c) Punctuation, capitalization, spelling, and other 

matters of style shall, in general, conform to the most 

recent edition of the Style Manual of the United States 

Government Printing Office. 

(d) The spelling of geographic names shall conform to 

the decisions of the Board on Geographic Names, established by Section 2 of the Act of July 25, 1947, 61 Stat. 

456 (43 U.S.C. 364a). 

(e) Descriptions of tracts of land shall conform, so far 

as practicable, to the most recent edition of the ‘‘Specifications for Descriptions of Tracts of Land for Use in 

Executive Orders and Proclamations,’’ prepared by the 

Bureau of Land Management, Department of the Interior. 

(f) Proposed Executive orders and proclamations 

shall be prepared on paper approximately 8.5 × 14 

inches, shall have a left-hand margin of approximately 

1 inches [sic] and a right-hand margin of approximately 

1 inch, and shall be double-spaced, except that 

quotations, tabulations, and descriptions of land may 

be single-spaced. 

(g) Proclamations issued by the President shall conclude with the following described recitation— 

IN WITNESS WHEREOF, I have hereunto set my 

hand this llllllll day of llllllll, in the 

year of our lord llllllll, and of the Independence of the United States of America, the 

llllllll. 

SEC. 2. Routing and approval of drafts. (a) A proposed 

Executive order or proclamation shall first be submitted to the Director of the Office of Management and 

Budget, together with a letter, signed by the head or 

other properly authorized officer of the originating 

Federal agency, explaining the nature, purpose, background, and effect of the proposed Executive order or 

proclamation and its relationship, if any, to pertinent 

laws and other Executive orders or proclamations. 

(b) If the Director of the Office of Management and 

Budget approves the proposed Executive order or proclamation, he shall transmit it to the Attorney General 

for his consideration as to both form and legality. 

(c) If the proposed Executive order or proclamation is 

disapproved by the Director of the Office of Management and Budget or by the Attorney General, it shall 

not thereafter be presented to the President unless it is 

accompanied by a statement of the reasons for such 

disapproval. 

SEC. 3. Routing and certification of originals and copies. 

(a) If the order or proclamation is signed by the President, the original and two copies thereof shall be forwarded to the Director of the Office of the Federal Register for publication in the FEDERAL REGISTER. 

(b) The Office of the Federal Register shall cause to 

be placed upon the copies of all Executive orders and 

§ 1506 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 48 

proclamations forwarded as provided in subsection (a) 

of this section the following notation, to be signed by 

the Director or by some person authorized by him to 

sign such notation: ‘‘Certified to be a true copy of the 

original.’’ 

SEC. 4. Proclamations calling for the observance of special days or events. Except as may be otherwise provided 

by law, responsibility for the preparation and presentation of proposed proclamations calling for the observance of special days, or other periods of time, or events 

shall be assigned by the Director of the Office of Management and Budget to such agencies as he may consider appropriate. Such proposed proclamations shall 

be submitted to the Director at least sixty days before 

the date of the specified observance. Notwithstanding 

the provisions of Section 2, the Director shall transmit 

any approved commemorative proclamations to the 

President. 

SEC. 5. Proclamations of treaties excluded. Consonant 

with the provisions of section 1511 of title 44, United 

States Code (49 Stat. 503 [sic]; 44 U.S.C. 1511), nothing 

in this order shall be construed to apply to treaties, 

conventions, protocols, or other international agreements, or proclamations thereof by the President. 

SEC. 6. Definition. The term ‘‘Presidential proclamations and Executive orders,’’ as used in subsection 

1505(a) of title 44, United States Code (44 U.S.C. 1505(a)), 

shall, except as the President or his representative may 

hereafter otherwise direct, be deemed to include such 

attachments thereto as are referred to in the respective 

proclamations or orders. 

SEC. 7. Prior order. Upon its publication in the FEDERAL REGISTER, this order shall supersede Executive 

Order No. 10006 of October 9, 1948. 

The regulations prescribed by this order shall be codified under Title 1 of the Code of Federal Regulations. 

§ 1506. Administrative Committee of the Federal 

Register; establishment and composition; 

powers and duties 

The Administrative Committee of the Federal 

Register shall consist of the Archivist of the 

United States or Acting Archivist, who shall be 

chairman, an officer of the Department of Justice designated by the Attorney General, and 

the Public Printer or Acting Public Printer. The 

Director of the Federal Register shall act as secretary of the committee. The committee shall 

prescribe, with the approval of the President, 

regulations for carrying out this chapter. The 

regulations shall provide, among other things— 

(1) the manner of certification of copies required to be certified under section 1503 of this 

title, which certification may be permitted to 

be based upon confirmed communications 

from outside the District of Columbia; 

(2) the documents which shall be authorized 

under section 1505(b) of this title to be published in the Federal Register; 

(3) the manner and form in which the Federal Register shall be printed, reprinted, and 

compiled, indexed, bound, and distributed; 

(4) the number of copies of the Federal Register, which shall be printed, reprinted, and 

compiled, the number which shall be distributed without charge to Members of Congress, 

officers and employees of the United States, or 

Federal agency, for official use, and the number which shall be available for distribution to 

the public; and 

(5) the prices to be charged for individual 

copies of, and subscriptions to, the Federal 

Register and reprints and bound volumes of it. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1275; Pub. 

L. 98–497, title I, §107(b)(5), Oct. 19, 1984, 98 Stat. 

2287.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§306, 391 (part) (July 

26, 1935, ch. 417, §6, 49 Stat. 501; June 30, 1949, ch. 288, 

title I, §104, 63 Stat. 381). 

This section incorporates only the last sentence from 

former section 391(b). The remainder of that section 

will be found in sections 2102, 2301, 2501, and 2902 of the 

revision. 

AMENDMENTS

1984—Pub. L. 98–497 struck out ‘‘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 Committee or its functions.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

DELEGATION OF FUNCTIONS

For delegations of functions vested in President by 

section 6 of Federal Register Act [now this section], to 

Attorney General and Archivist of United States, see 

section 6(b) of Ex. Ord. No. 10530, May 11, 1954, 19 F.R. 

2709, as amended, set out as a note under section 301 of 

Title 3, The President. See, also, section 103(b)(1) of 

Pub. L. 98–497, set out as a note under section 2102 of 

this title. 

§ 1507. Filing document as constructive notice; 

publication in Federal Register as presumption of validity; judicial notice; citation 

A document required by section 1505(a) of this 

title to be published in the Federal Register is 

not valid as against a person who has not had 

actual knowledge of it until the duplicate originals or certified copies of the document have 

been filed with the Office of the Federal Register 

and a copy made available for public inspection 

as provided by section 1503 of this title. Unless 

otherwise specifically provided by statute, filing 

of a document, required or authorized to be published by section 1505 of this title, except in 

cases where notice by publication is insufficient 

in law, is sufficient to give notice of the contents of the document to a person subject to or 

affected by it. The publication in the Federal 

Register of a document creates a rebuttable presumption— 

(1) that it was duly issued, prescribed, or 

promulgated; 

(2) that it was filed with the Office of the 

Federal Register and made available for public 

inspection at the day and hour stated in the 

printed notation; 

(3) that the copy contained in the Federal 

Register is a true copy of the original; and 

(4) that all requirements of this chapter and 

the regulations prescribed under it relative to 

the document have been complied with. 

The contents of the Federal Register shall be 

judicially noticed and without prejudice to any 

other mode of citation, may be cited by volume 

and page number. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1276.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §307 (July 26, 1935, ch. 

417, §7, 49 Stat. 502). 

Page 49 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1510 

§ 1508. Publication in Federal Register as notice 

of hearing 

A notice of hearing or of opportunity to be 

heard, required or authorized to be given by an 

Act of Congress, or which may otherwise properly be given, shall be deemed to have been 

given to all persons residing within the States of 

the Union and the District of Columbia, except 

in cases where notice by publication is insufficient in law, when the notice is published in the 

Federal Register at such a time that the period 

between the publication and the date fixed in 

the notice for the hearing or for the termination 

of the opportunity to be heard is— 

(1) not less than the time specifically prescribed for the publication of the notice by the 

appropriate Act of Congress; or 

(2) not less than fifteen days when time for 

publication is not specifically prescribed by 

the Act, without prejudice, however, to the effectiveness of a notice of less than fifteen days 

where the shorter period is reasonable. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1276.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §308 (July 26, 1935, ch. 

417, §8, 49 Stat. 502; June 25, 1959, Pub. L. 86–70, §34, 73 

Stat. 149; July 12, 1960, Pub. L. 86–624, §33, 74 Stat. 421). 

§ 1509. Costs of publication, etc. 

(a) The cost of printing, reprinting, wrapping, 

binding, and distributing the Federal Register 

and the Code of Federal Regulations, and, except 

as provided in subsection (b), other expenses incurred by the Government Printing Office in 

carrying out the duties placed upon it by this 

chapter shall be charged to the revolving fund 

provided in section 309. Reimbursements for 

such costs and expenses shall be made by the 

Federal agencies and credited, together with all 

receipts, as provided in section 309(b). 

(b) The cost of printing, reprinting, wrapping, 

binding, and distributing all other publications 

of the Federal Register program, and other expenses incurred by the Government Printing Office in connection with such publications, shall 

be borne by the appropriations to the Government Printing Office and the appropriations are 

made available, and are authorized to be increased by additional sums necessary for the 

purposes, the increases to be based upon estimates submitted by the Public Printer. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1277; Pub. 

L. 95–94, title IV, §408(a)(1), Aug. 5, 1977, 91 Stat. 

683.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §309 (July 26, 1935, ch. 

417, §9, 49 Stat. 502). 

A reference to section 10 of Act June 19, 1934 is deleted because of the repeal of that section by Act June 

30, 1949. 

AMENDMENTS

1977—Pub. L. 95–94 substituted ‘‘Costs of publication, 

etc.’’ for ‘‘Cost of publication; appropriations authorized; penalty mail privilege’’ in section catchline, 

added subsec. (a), designated former first paragraph as 

subsec. (b) and inserted provision restricting coverage 

to the other publications of the Federal Register program and struck out provision requiring payments for 

the Federal Register to be covered into the Treasury as 

miscellaneous receipts and former second paragraph relating to penalty mail privileges for the Federal Register. 

EFFECTIVE DATE OF 1977 AMENDMENT

Section 408(b) of Pub. L. 95–94 provided that: ‘‘The 

amendments made by subsection (a) [amending this 

section] shall take effect on October 1, 1977.’’ 

§ 1510. Code of Federal Regulations 

(a) The Administrative Committee of the Federal Register, with the approval of the President, may require, from time to time as it considers necessary, the preparation and publication in special or supplemental editions of the 

Federal Register of complete codifications of 

the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by 

publication in the Federal Register or by filing 

with the Administrative Committee, and are relied upon by the agency as authority for, or are 

invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts 

arising on or after dates specified by the Administrative Committee. 

(b) A codification published under subsection 

(a) of this section shall be printed and bound in 

permanent form and shall be designated as the 

‘‘Code of Federal Regulations.’’ The Administrative Committee shall regulate the binding of the 

printed codifications into separate books with a 

view to practical usefulness and economical 

manufacture. Each book shall contain an explanation of its coverage and other aids to users 

that the Administrative Committee may require. A general index to the entire Code of Federal Regulations shall be separately printed and 

bound. 

(c) The Administrative Committee shall regulate the supplementation and the collation and 

republication of the printed codifications with a 

view to keeping the Code of Federal Regulations 

as current as practicable. Each book shall be either supplemented or collated and republished 

at least once each calendar year. 

(d) The Office of the Federal Register shall 

prepare and publish the codifications, supplements, collations, and indexes authorized by 

this section. 

(e) The codified documents of the several 

agencies published in the supplemental edition 

of the Federal Register under this section, as 

amended by documents subsequently filed with 

the Office and published in the daily issues of 

the Federal Register shall be prima facie evidence 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 shall prescribe, 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1277.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §311 (July 26, 1935, ch. 

417, §11, 49 Stat. 503; June 19, 1937, ch. 369, 50 Stat. 304; 

§ 1511 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 50 

1Section catchline amended by Pub. L. 98–497 without corresponding amendment of chapter analysis. 

1939 Reorg. Plan No. II, §202, eff. July 1, 1939, 4 F.R. 

2732, 53 Stat. 1435; Dec. 10, 1942, ch. 717, §2, 56 Stat. 1045; 

June 30, 1949, ch. 288, title I, §104(b), 63 Stat. 381; Aug. 

5, 1953, ch. 333, 67 Stat. 388; Dec. 2, 1963, Pub. L. 88–190, 

§1, 77 Stat. 343). 

RETROACTIVE AND PROSPECTIVE APPLICATION

Pub. L. 88–190, §2, Dec. 2, 1963, 77 Stat. 344, provided 

that: ‘‘Section 11 of the Federal Register Act [section 

311 of former Title 44, Public Printing and Documents, 

now this section], as amended by the first section of 

this Act [amending subsecs. (b) to (d) and (g) of such 

section 311, now subsecs. (b) to (d) and (g) of this section], shall apply to the Code of Federal Regulations 

previously authorized and published as well as to future 

publications made pursuant to that section as so 

amended.’’ 

DELEGATION OF FUNCTIONS

For delegation of functions vested in President by 

section 11(a), (f) of Federal Register Act [now subsecs. 

(a) and (f) of this section], to Attorney General and Archivist of United States, see section 6(b) of Ex. Ord. No. 

10530, May 11, 1954, 19 F.R. 2709, as amended, set out as 

a note under section 301 of Title 3, The President. See, 

also, section 103(b)(1) of Pub. L. 98–497, set out as a note 

under section 2102 of this title. 

CODIFICATION OF EXECUTIVE AND ADMINISTRATIVE

DOCUMENTS

Under authority of section 11(d) of the Federal Register Act [now subsec. (d) of this section] the Administrative Committee of the Federal Register issued regulations for the codification of executive and administrative documents, approved by the President Nov. 10, 

1937, and set out in F.R. 2849 D.I., 2450 B.V. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1278.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §312 (July 26, 1935, ch. 

417, §12, 49 Stat. 503). 

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. 

Sec. 

1714. Publications for use of General Services Administration.1

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. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 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 in the 

public distribution of publications 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. 

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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1278.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §95 (Aug. 23, 1912, ch. 

350, §8, 37 Stat. 414; July 2, 1954, ch. 455, title I, §101, 68 

Stat. 397). 

‘‘House of Representatives Publications Distribution 

Service’’ is substituted for ‘‘House Folding Room’’ because of the change of name under authority of Public 

Law 88–652. 

Page 51 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1707 

The term ‘‘executive department, independent office, 

and establishment of the Government’’ is substituted 

for ‘‘executive department and other Government establishment’’ for uniformity. 

§ 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. He 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1279.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§71, 73 (part) (Jan. 12, 

1895, ch. 23, §61, 28 Stat. 610; June 25, 1910, ch. 384, §1, 

36 Stat. 770; Aug. 7, 1946, ch. 770, §1(62), 60 Stat. 871). 

This section incorporates only part of former section 

73. The balance will be found in section 308 of the revision. 

‘‘House of Representatives Publications Distribution 

Service’’ is substituted for ‘‘House Folding Room’’ because of the change of name under authority of Public 

Law 88–652. 

§ 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 

Public Printer shall provide convenient office, 

storage, and distributing rooms for the use of 

the Superintendent of Documents. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1279; Pub. 

L. 101–520, title II, §208, Nov. 5, 1990, 104 Stat. 

2274.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §74 (Jan. 12, 1895, ch. 

23, §66, 28 Stat. 611). 

AMENDMENTS

1990—Pub. L. 101–520 struck out before period at end 

of first sentence ‘‘, the cost to be charged against the 

appropriation for printing and binding for Congress’’. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1279.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §75 (Mar. 4, 1925, ch. 

549, §1, 43 Stat. 1300; May 13, 1926, ch. 294, §1, 44 Stat. 

552; Feb. 23, 1927, ch. 166, 44 Stat. 1160). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1279.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §72 (May 11, 1922, ch. 

189, §1, 42 Stat. 541; June 30, 1932, ch. 314, §307, 47 Stat. 

409). 

§ 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 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1279.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §114 (Jan. 12, 1895, ch. 

23, §42, 28 Stat. 607; June 30, 1932, ch. 314, §307, 47 Stat. 

409). 

§ 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 Revolving 

Fund shall be reimbursed for the cost of reprints 

from the moneys received by the Superintendent 

of Documents from the sale of public documents. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1280; Pub. 

L. 101–520, title II, §208, Nov. 5, 1990, 104 Stat. 

2274.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §79 (Mar. 28, 1904, No. 

11, 33 Stat. 584). 

AMENDMENTS

1990—Pub. L. 101–520 substituted ‘‘The Revolving 

Fund’’ for ‘‘The appropriation for printing and binding’’. 

§ 1708 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 52 

§ 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 may 

be allowed as determined by the Superintendent 

of Documents, but the printing may not interfere with prompt execution of work for the Government. 

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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1280; Pub. 

L. 95–94, title IV, §409(a), Aug. 5, 1977, 91 Stat. 

683; Pub. L. 103–69, title II, §207(b), Aug. 11, 1993, 

107 Stat. 708; Pub. L. 108–447, div. G, title I, §1301, 

Dec. 8, 2004, 118 Stat. 3191.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §72a (June 30, 1932, ch. 

314, §307, 47 Stat. 409). 

AMENDMENTS

2004—Pub. L. 108–447, in first par., substituted ‘‘may 

be allowed as determined by the Superintendent of 

Documents’’ for ‘‘of not to exceed 25 percent may be allowed to book dealers and quantity purchasers’’. 

1993—Pub. L. 103–69, in first par., struck out at end 

‘‘Receipts from general sales of publications in excess 

of the total costs and expenses incurred in connection 

with the publication and sale thereof, as determined by 

the Public Printer, shall be deposited in the Treasury 

of the United States to the credit of miscellaneous receipts.’’ 

1977—Pub. L. 95–94 substituted ‘‘Receipts from general sales of publications in excess of the total costs 

and expenses incurred in connection with the publication and sale thereof, as determined by the Public 

Printer,’’ for ‘‘Surplus receipts from sales’’. 

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103–69 effective Oct. 1, 1993, 

see section 207(c) of Pub. L. 103–69, set out as a note 

under section 309 of this title. 

EFFECTIVE DATE OF 1977 AMENDMENT

Section 409(b) of Pub. L. 95–94 provided that: ‘‘The 

amendment made by subsection (a) [amending this section] shall take effect on October 1, 1977.’’ 

§ 1709. Blank forms: printing and sale to public 

The Public Printer may print for sale by the 

Superintendent of Documents to the public, 

upon prepayment, additional copies of approved 

Government blank forms. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1280.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §94 (June 7, 1924, ch. 

303, §1, 43 Stat. 592). 

§ 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 for the House 

of Representatives and one thousand for distribution by the Superintendent of Documents. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1280.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §76 (Jan. 12, 1895, ch. 

23, §62, 28 Stat. 610). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1280.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §77 (Jan. 12 1895, ch. 

23, §69, 28 Stat. 612). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1281.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §81 (Jan. 12, 1895, ch. 

23, §73, 28 Stat. 618). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1281.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §80 (Jan. 12, 1895, ch. 

23, §88, 28 Stat. 622). 

§ 1714. Publications for use of National Archives 

and Records Administration 

The Public Printer shall print and deliver to 

the National Archives and Records AdministraVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00060 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 53 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1718 

tion 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1281; Pub. 

L. 98–497, title I, §107(b)(6), Oct. 19, 1984, 98 Stat. 

2287.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §215a (Jan. 12, 1895, ch. 

23, §—, as added June 17, 1935, ch. 267, 49 Stat. 386, and 

amended June 30, 1949, ch. 288, title I, §104(a), 63 Stat. 

381; Oct. 15, 1966, Pub. L. 89–678, 80 Stat. 956.) 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘National Archives 

and Records Administration’’ for ‘‘General Services Administration’’ in section catchline and text. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1281.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §217 (part) (Jan. 12, 

1895, ch. 23, §58, 28 Stat. 610; Mar. 1, 1907, ch. 2284, §4, 

34 Stat. 1014). 

The last clause of this section is eliminated, as superseded by former section 85, now found in section 1903 of 

the revision. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1281.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §91a (R.S. §504). 

§ 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 to legations 

from the United States copies of their printed 

and legislative documents desired. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1281.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §91 (Jan. 12, 1895, ch. 

23, §75, 28 Stat. 620). 

§ 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 Columbia not to exceed twenty-five 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1282; Pub. 

L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §139 (Jan. 28, 1899, No. 

12, 30 Stat. 1388; Mar. 2, 1901, No. 16, §§1, 2, 31 Stat. 1464; 

June 20, 1936, ch. 630, title IV, §6, 49 Stat. 1550). 

Reference to the Official Register is omitted as obsolete. The authorization for its compilation was repealed by Public Law 88–626. 

CODIFICATION

The 1982 amendment by Pub. L. 97–276 is based on section 305(a) of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, to be effective 

as if enacted into law. 

§ 1719 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 54 

AMENDMENTS

1982—Pub. L. 97–276 substituted ‘‘not to exceed twenty-five copies of’’ for ‘‘, and for international exchange 

as provided by section 1719 of this title, not to exceed 

one hundred and fifty copies of’’. 

§ 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 supplied to the Superintendent of Documents not to exceed one hundred and twentyfive copies each of all Government publications, 

including the daily and bound copies of the Congressional Record, for distribution to those foreign governments which agree, as indicated by 

the Library of Congress, to send to the United 

States similar publications of their governments 

for delivery to the Library of Congress. Confidential matter, blank forms, circular letters 

not of a public character, publications determined by their issuing department, office, or establishment 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 exempted 

from this requirement. The printing, binding, 

and distribution costs of any publications distributed in accordance with this section shall be 

charged to appropriations provided the Superintendent of Documents for that purpose. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1282; Pub. 

L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189; Pub. 

L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, 

and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 

3341–287, as amended Pub. L. 100–71, title I, July 

11, 1987, 101 Stat. 425.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964, ed., §139a (Mar. 2, 1901, 

No. 16, §3, 31 Stat. 1465; Mar. 3, 1925, ch. 421, §7, 43 Stat. 

1106; June 20, 1936, ch. 630, title IV, §6, 49 Stat. 1550). 

REFERENCES IN TEXT

There were two conventions concluded at Brussels on 

Mar. 15, 1886, and proclaimed by the President on Jan. 

15, 1889: one was a convention ‘‘for the international exchange of official documents, scientific, and literary 

publications’’; the other was ‘‘for the immediate exchange of the official journals, parliamentary annals, 

and documents.’’ 

CODIFICATION

Pub. L. 99–591 is a corrected version of Pub. L. 99–500. 

The 1986 amendment is based on section 306 of title 

III of H.R. 5203 (see House Report 99–805 as filed in the 

House on Aug. 15, 1986), and incorporated by reference 

in section 101(j) of Pub. L. 99–500 and 99–591, as amended 

by Pub. L. 100–71, to be effective as if enacted into law. 

The 1982 amendment by Pub. L. 97–276 is based on section 305(b) of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, to be effective 

as if enacted into law. 

AMENDMENTS

1986—Pub. L. 99–500 and 99–591, as amended by Pub. L. 

100–71, amended last sentence generally, substituting 

‘‘charged to appropriations provided the Superintendent of Documents for that purpose’’ for ‘‘chargeable to the department, office, or establishment issuing 

the publication’’. See Codification note above. 

1982—Pub. L. 97–276 substituted ‘‘Superintendent of 

Documents’’ for first reference to ‘‘Library of Congress’’ and ‘‘for distribution to those foreign governments which agree, as indicated by the Library of Congress, to send to the United States similar publications 

of their governments for delivery to the Library of Congress’’ for ‘‘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’’, 

and inserted ‘‘Confidential matter, blank forms, circular letters not of a public character, publications determined by their issuing department, office, or establishment 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 exempted from this requirement. The printing, binding, and distribution costs of any publication distributed in accordance with this section shall be chargeable to the department, office, or establishment issuing 

the publication.’’ 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1282.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §78 (Jan. 12, 1895, ch. 

23, §67, 28 Stat. 611). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1282.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §93 (Jan. 12, 1895, ch. 

23, §95, 28 Stat. 623). 

§ 1722. Departmental distribution of publications 

Government publications printed for or received by the executive departments, whether 

for official use or for distribution, except those 

required 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1282.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §96 (Jan. 12, 1895, ch. 

23, §92, 28 Stat. 623; May 29, 1928, ch. 901, §1(2), 45 Stat. 

986). 

CHAPTER 19—DEPOSITORY LIBRARY 

PROGRAM 

Sec. 

1901. Definition of Government publication. 

Page 55 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1904 

Sec. 

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. 

1915. Highest State appellate court libraries as depository libraries. 

1916. Designation of libraries of accredited law 

schools as depository libraries. 

AMENDMENTS

1978—Pub. L. 95–261, §2, Apr. 17, 1978, 92 Stat. 199, 

added item 1916. 

1972—Pub. L. 92–368, §1(b), Aug. 10, 1972, 86 Stat. 507, 

added item 1915. 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON CHAPTER

Authority and responsibilities under chapter not limited or repealed by Federal Records Management 

Amendments of 1976, see section 5(b) of Pub. L. 94–575, 

set out as a note under section 2901 of this title. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1283.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §81a (Pub. L. 87–579, 

§1, Aug. 9, 1962, 76 Stat. 352). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1283.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §81b (Pub. L. 87–579, 

§1, Aug. 9, 1962, 76 Stat. 352). 

§ 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. 

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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1283.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §85 (part) (Mar. 1, 1907, 

ch. 2284, §4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 

1206; Aug. 9, 1962, Pub. L. 87–579, §5, 76 Stat. 354). 

The last paragraph of former section 85 will be found 

in section 1906 of the revision. 

§ 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 identificaVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00063 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 1905 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 56 

1See Transfer of Functions note below. 

tion 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1284.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964, ed. §83 (R.S. §502; Jan. 12, 

1895, ch. 23, §§53, 61, 28 Stat. 608, 610; Aug. 9, 1962, Pub. 

L. 87–579, §3, 76 Stat. 353). 

§ 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,1 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 publications to the extent that the total 

number of libraries designated by 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 and one on the island of Saint 

Croix. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1284.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §82 (R.S. §501; Mar. 1, 

1907, ch. 2284, §4, 34 Stat. 1014; Aug. 9, 1962, Pub. L. 

87–579, §2, 76 Stat. 353). 

TRANSFER OF FUNCTIONS

Office of Commissioner of District of Columbia, as established under Reorg. Plan No. 3 of 1967, eff. Nov. 3, 

1967 (in part), 32 F.R. 11669, 81 Stat. 948, abolished as of 

noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 

24, 1973, 87 Stat. 818, and replaced by office of Mayor of 

District of Columbia by section 421 of Pub. L. 93–198. 

NORTHERN MARIANAS COLLEGE AS DEPOSITORY

Pub. L. 101–219, title II, §202, Dec. 12, 1989, 103 Stat. 

1874, provided that: ‘‘The Northern Marianas College is 

hereby constituted a depository to receive Government 

publications, and the Superintendent of Documents 

shall supply to the Northern Marianas College one copy 

of each such publication in the same form as supplied 

to other designated depositories.’’ 

DISTRICT OF COLUMBIA PUBLIC LIBRARY AS DEPOSITORY

Act Sept. 28, 1943, ch. 243, 57 Stat. 568, provided: 

‘‘That the Public Library of the District of Columbia is 

hereby constituted a designated depository of governmental publications, and the Superintendent of Documents shall supply to such library one copy of each 

such publication, in the same form as supplied to other 

designated depositories.’’ 

§ 1906. Land-grant colleges constituted depositories 

Land-grant colleges are constituted depositories to receive Government publications subject to the depository laws. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1284.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §85 (part) (Mar. 1, 1907, 

ch. 2284, §4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 

1206; Aug. 9, 1962, Pub. L. 87–579, 76 Stat. 354). 

This section is from the last paragraph of former section 85; the remainder of that section will be found in 

section 1903 of the revision. 

§ 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 

Page 57 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1911 

1See Transfer of Functions note below. 

agencies may dispose of unwanted Government 

publications after first offering them to the Library of Congress and the Archivist of the 

United States. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1285.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §87 (Jan. 12, 1895, ch. 

23, §98, 28 Stat. 624; Aug. 9, 1962, Pub. L. 87–579, §7, 76 

Stat. 355). 

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and 

assets of the Coast Guard, including the authorities 

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, 

and for treatment of related references, see sections 

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set 

out as a note under section 542 of Title 6. 

ARCHIVIST OF THE UNITED STATES

References to Archivist of the United States deemed 

to refer to Archivist appointed under section 2103 of 

this title with respect to functions transferred by Pub. 

L. 98–497 or an amendment made by Pub. L. 98–497 and 

exercised after Apr. 1, 1985, see sections 106 and 108 of 

Pub. L. 98–497, set out as notes under section 2102 of 

this title. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1285.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §88 (Dec. 1, 1814, No. 

7, 3 Stat. 248). 

§ 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,1 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 investigation 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 publications 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 by laws within the State, district, territory, or the Commonwealth of Puerto Rico, as 

the case may be. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1285.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §86 (Jan. 12, 1895, ch. 

23, §70, 28 Stat. 612; Aug. 9, 1962, Pub. L. 87–579, §6, 76 

Stat. 354). 

TRANSFER OF FUNCTIONS

Office of Commissioner of District of Columbia, as established under Reorg. Plan No. 3 of 1967, eff. Nov. 3, 

1967 (in part), 32 F.R. 11669, 81 Stat. 948, abolished as of 

noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 

24, 1973, 87 Stat. 818, and replaced by office of Mayor of 

District of Columbia by section 421 of Pub. L. 93–198. 

§ 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 numbers 

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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §84 (June 23, 1913, ch. 

3, §5, 38 Stat. 75; Aug. 9, 1962, Pub. L. 87–579, §4, 76 Stat. 

353). 

§ 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 microVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00065 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 1912 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 58 

facsimile form, except superseded publications 

or those issued later in bound form which may 

be discarded as authorized by the Superintendent of Documents. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §92 (part) (Jan. 12, 

1895, ch. 23, §74, 28 Stat. 620; June 20, 1936, ch. 630, title 

VII, §11, 49 Stat. 1552; Aug. 9, 1962, Pub. L. 87–579, §8, 76 

Stat. 355). 

The first sentence of section 92, is classified to section 1119; the remainder comprises this section of the 

revision. 

§ 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 microfacsimile 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §84a (Pub. L. 87–579, 

§9, Aug. 9, 1962, 76 Stat. 355.) 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §85a (June 27, 1956, ch. 

453, §101, 70 Stat. 369). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1287.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §81c (Pub. L. 87–579, 

§10, Aug. 9, 1962, 76 Stat. 356). 

§ 1915. Highest State appellate court libraries as 

depository libraries 

Upon the request of the highest appellate 

court of a State, the Public Printer is authorized to designate the library of that court as a 

depository library. The provisions of section 1911 

of this title shall not apply to any library so 

designated. 

(Added Pub. L. 92–368, §1(a), Aug. 10, 1972, 86 

Stat. 507.) 

§ 1916. Designation of libraries of accredited law 

schools as depository libraries 

(a) Upon the request of any accredited law 

school, the Public Printer shall designate the library of such law school as a depository library. 

The Public Printer may not make such designation unless he determines that the library involved meets the requirements of this chapter, 

other than those requirements of the first undesignated paragraph of section 1909 of this title 

which relate to the location of such library. 

(b) For purposes of this section, the term ‘‘accredited law school’’ means any law school 

which is accredited by a nationally recognized 

accrediting agency or association approved by 

the Commissioner of Education for such purpose 

or accredited by the highest appellate court of 

the State in which the law school is located. 

(Added Pub. L. 95–261, §1, Apr. 17, 1978, 92 Stat. 

199.) 

EFFECTIVE DATE

Section 3 of Pub. L. 95–261 provided that: ‘‘The 

amendments made by this Act [enacting this section] 

shall take effect on October 1, 1978.’’ 

TRANSFER OF FUNCTIONS

Functions of Commissioner of Education transferred 

to Secretary of Education pursuant to section 3441(a)(1) 

of Title 20, Education. 

CHAPTER 21—NATIONAL ARCHIVES AND 

RECORDS ADMINISTRATION 

Sec. 

2101. Definitions. 

2102. Establishment. 

2103. Officers. 

2104. Administrative provisions. 

2105. Personnel and services. 

2106. Reports to Congress. 

2107. Acceptance of records for historical preservation. 

2108. Responsibility for custody, use, and withdrawal of records. 

2109. Preservation, arrangement, duplication, exhibition of records. 

Page 59 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2102 

Sec. 

2110. Servicing records. 

2111. Material accepted for deposit. 

2112. Presidential archival depository. 

2113. Depository for agreements between States. 

2114. Preservation of motion-picture films, still 

pictures, and sound recordings. 

2115. Reports; correction of violations. 

2116. Legal status of reproductions; official seal; 

fees for copies and reproductions. 

2117. Limitation on liability. 

2118. Records of Congress. 

2119. Cooperative agreements. 

AMENDMENTS

2004—Pub. L. 108–383, §5(b), Oct. 30, 2004, 118 Stat. 2219, 

added item 2119. 

1984—Pub. L. 98–497, title I, §102(c)(1), Oct. 19, 1984, 98 

Stat. 2282, amended analysis generally, substituting 

‘‘National Archives and Records’’ in chapter heading, 

adding items 2102 to 2106 and redesignating former 

items 2103 to 2114 as 2107 to 2118, respectively. 

§ 2101. Definitions 

As used in this chapter— 

(1) ‘‘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, and may include research facilities and 

museum facilities in accordance with this 

chapter; 

(2) ‘‘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; 

(3) ‘‘Archivist’’ means the Archivist of the 

United States appointed under section 2103 of 

this title; and 

(4) ‘‘Administration’’ means the National 

Archives and Records Administration established under section 2102 of this title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1287; Pub. 

L. 98–497, title I, §102(b), Oct. 19, 1984, 98 Stat. 

2282; Pub. L. 99–323, §2, May 27, 1986, 100 Stat. 

495.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(j) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583, and amended July 12, 1962, ch. 703, 

§1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; 

Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, 

§4, 70 Stat. 494; June 13, 1957, Pub. L. 85–51, 71 Stat. 69; 

Mar. 15, 1958, Pub. L. 85–341, §1(1), 72 Stat. 34). 

AMENDMENTS

1986—Par. (1). Pub. L. 99–323 inserted ‘‘, and may include research facilities and museum facilities in accordance with this chapter’’ after ‘‘or personal life’’. 

1984—Pub. L. 98–497 substituted ‘‘this chapter’’ for 

‘‘sections 2103–2113 of this title’’, designated two existing paragraphs as pars. (1) and (2), respectively, and 

added pars. (3) and (4). 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2102. Establishment 

There shall be an independent establishment 

in the executive branch of the Government to be 

known as the National Archives and Records Administration. The Administration shall be administered under the supervision and direction 

of the Archivist. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1287; Pub. 

L. 98–497, title I, §101, Oct. 19, 1984, 98 Stat. 2280.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §391(a) (June 30, 1949, 

ch. 288, title I, §104, 63 Stat. 381). 

This section incorporates only the last sentence of 

paragraph (a) of former section 391. The balance of that 

section will be found in sections 1506, 2301, 2501, and 2902 

of the revision. 

AMENDMENTS

1984—Pub. L. 98–497 substituted provisions directing 

that there shall be an independent establishment in the 

executive branch of the Government to be known as the 

National Archives and Records Administration and 

that the Administration shall be administered under 

the supervision and direction of the Archivist for provisions which had formerly directed only that the Administrator of General Services appoint the Archivist of 

the United States. 

EFFECTIVE DATE OF 1984 AMENDMENT

Section 301 of Pub. L. 98–497 provided that: ‘‘The provisions of this Act [enacting sections 2103 to 2106 of this 

title and provisions set out as notes under this section 

and section 101 of this title, redesignating existing sections 2103 to 2114 as sections 2107 to 2118 of this title, 

amending this section, sections 710, 711, 729, 1501 to 1503, 

1506, 1714, 2101, 2107 to 2118, 2204, 2205, 2301 to 2305, 2307, 

2501, 2504, 2506, 2901 to 2909, 3102 to 3106, 3302 to 3303a, 

3308, 3310, 3311, 3504, and 3513 of this title, provisions set 

out as a note under section 2111 of this title, sections 

106a, 106b, 112, 113, and 201 of Title 1, General Provisions, sections 6 and 11 to 13 of Title 3, The President, 

sections 141 to 145 of Title 4, Flag and Seal, Seat of 

Government, and the States, sections 552a and 5314 of 

Title 5, Government Organization and Employees, section 199a of Title 25, Indians, and repealing section 2507 

of this title] (including the amendments made by this 

Act) shall be effective on April 1, 1985.’’ 

SAVINGS PROVISION

Section 105 of Pub. L. 98–497 provided that: 

‘‘(a) All orders, determinations, rules, regulations, 

grants, contracts, agreements, permits, licenses, privileges, and other actions which have been issued, granted, made, undertaken, or entered into in the performance of any function transferred by this Act [Pub. L. 

98–497] or the amendments made by this Act shall continue in effect according to their terms until modified, 

terminated, superseded, set aside, or revoked in accordance with law by any authorized official, a court of 

competent jurisdiction, or by operation of law. 

‘‘(b)(1) The transfer of functions by this Act [Pub. L. 

98–497] and by the amendments made by this Act shall 

not affect any proceedings, including notices of proposed rulemaking, or any application for any license, 

permit, certificate, or financial assistance pending on 

the effective date of this Act [Apr. 1, 1985] before the 

General Services Administration; but such proceedings 

and applications, to the extent that they relate to the 

functions so transferred, shall be continued. Orders 

shall be issued in such proceedings, appeals shall be 

taken therefrom, and payments shall be made pursuant 

to such orders, as if this Act had not been enacted; and 

orders issued in any such proceedings shall continue in 

effect until modified, terminated, superseded, or revoked by the Archivist, by a court of competent jurisdiction, or by operation of law. Nothing in this subVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00067 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 2102 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 60 

section shall be deemed to prohibit the discontinuance 

or modification of any such proceeding under the same 

terms and conditions and to the same extent that such 

proceeding could have been discontinued or modified if 

this Act had not been enacted. 

‘‘(2) The Archivist is authorized to promulgate regulations providing for the orderly transfer of proceedings 

continued under paragraph (1) from the General Services Administration to the Administration. 

‘‘(c) Except as provided in subsection (e)— 

‘‘(1) the provisions of this Act [Pub. L. 98–497] and 

of the amendments made by this Act shall not affect 

actions commenced prior to the effective date of this 

Act [Apr. 1, 1985], and 

‘‘(2) in all such actions, proceedings shall be had, 

appeals taken, and judgments rendered in the same 

manner and effect as if this Act had not been enacted. 

‘‘(d) No action or other proceeding lawfully commenced by or against any officer of the United States 

acting in the official capacity of such officer shall 

abate by reason of any transfer of functions by this Act 

[Pub. L. 98–497] or by an amendment made by this Act. 

No cause of action by or against the General Services 

Administration or by or against any officer thereof in 

the official capacity of such officer shall abate by reason of any such transfer of functions. 

‘‘(e) If, before the date on which this Act takes effect 

[Apr. 1, 1985], the General Services Administration or 

any officer thereof in the official capacity of such officer, is a party to an action, and under this Act [Pub. L. 

98–497] or the amendments made by this Act any function in connection with such action is transferred to 

the Archivist or any other official of the Administration, then such action shall be continued with the Archivist or other appropriate official of the Administration substituted or added as a party. 

‘‘(f) Orders and actions of the Archivist in the exercise of functions transferred by this Act [Pub. L. 98–497] 

or by amendments made by this Act shall be subject to 

judicial review to the same extent and in the same 

manner as if such orders and actions had been by the 

individual holding the office of Archivist of the United 

States on the day before the effective date of this Act 

[Apr. 1, 1985] or the Administrator of General Services 

in the exercise of such functions immediately preceding 

their transfer. Any statutory requirements relating to 

notice, hearings, action upon the record, or administrative review that apply to any function transferred by 

this Act or by any amendment made by this Act shall 

apply to the exercise of such function by the Archivist.’’ 

TRANSFER OF FUNCTIONS, PERSONNEL, ASSETS, LIABILITIES, CONTRACTS, PROPERTY, RECORDS, AND UNEXPENDED BALANCES, ETC. 

Sections 103, 104 of Pub. L. 98–497 provided that: 

‘‘SEC. 103. (a) The National Archives and Records 

Service of the General Services Administration is 

transferred to the National Archives and Records Administration. 

‘‘(b)(1) All functions which were assigned to the Administrator of General Services by section 6 of Executive Order No. 10530 of May 11, 1954 (19 Fed. Reg. 2709 

[set out as a note under section 301 of Title 3, The 

President]; relating to documents and the Administrative Committee of the Federal Register), and by Executive Order Nunbered [sic] 11440 of December 11, 1968 (33 

Fed. Reg. 18475 [set out as a note under section 2109 of 

this title]; relating to supplemental use of Federal exhibits and displays), shall be exercised by the Archivist 

of the United States. 

‘‘(2) All functions pertaining to the maintenance, operation, and protection of a Presidential archival depository which were assigned to the Administrator of 

General Services by the Act of September 6, 1965 (Public Law 89–169, 79 Stat. 648) [set out as a note under section 2112 of this title], relating to the Lyndon Baines 

Johnson Presidential Archival Depository, and by the 

Act of August 27, 1966 (Public Law 89–547, 80 Stat. 370) 

[set out as a note under section 2112 of this title] and 

the Act of May 26, 1977 (Public Law 95–34, 91 Stat. 174), 

relating to the John Fitzgerald Kennedy Library, shall 

be exercised by the Archivist of the United States. 

‘‘(c) In the exercise of the functions transferred by 

this Act [Pub. L. 98–497] and the amendments made by 

this Act, the Archivist shall have the same authority 

as had the Administrator of General Services prior to 

the transfer of such functions, and the actions of the 

Archivist shall have the same force and effect as when 

exercised by such Administrator. 

‘‘(d) Prior to the appointment and confirmation of an 

individual to serve as Archivist of the United States 

under section 2103 of title 44, United States Code, the 

individual holding the office of Archivist of the United 

States on the day before the effective date of this Act 

[Apr. 1, 1985] may serve as Archivist under such section, 

and while so serving shall be compensated at the rate 

provided under subsection (b) of such section. 

‘‘SEC. 104. (a) Except as otherwise provided in this Act 

[Pub. L. 98–497], the personnel employed in connection 

with, and the assets, liabilities, contracts, property, 

records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, 

held, used, arising from, available to or to be made 

available in connection with the functions and agencies 

transferred by this Act and the amendments made by 

this Act, subject to section 1531 of title 31, United 

States Code, are transferred to the Archivist for appropriate allocation. Pursuant to the preceding sentence, 

there shall be transferred to the Archivist for appropriate allocation (1) for the remainder of fiscal year 

1985, an amount equal to not less than $2,760,000 (adjusted to reflect actual salaries and benefits of transferred employees and other costs) from the unexpended 

balances of the fiscal year 1985 funds and appropriations available to the General Services Administration, 

and (2) 115.5 full-time equivalent employee positions, of 

which not less than 30 percent shall be vacant. Unexpended funds transferred pursuant to this subsection 

shall be used only for the purposes for which the funds 

were originally authorized and appropriated. 

‘‘(b) The transfer pursuant to this title [title I 

(§§101–108) of Pub. L. 98–497] of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any 

such employees to be separated or reduced in grade or 

compensation for one year after such transfer or after 

the effective date of this Act [Apr. 1, 1985], whichever 

is later.’’ 

ESTABLISHMENT OF POSITIONS OF DIRECTOR OF THE

CENTER FOR LEGISLATIVE ARCHIVES AND SPECIALIST

IN CONGRESSIONAL HISTORY

Pub. L. 101–509, title IV, §1(a)–(c), Nov. 5, 1990, 104 

Stat. 1416, 1417, as amended by Pub. L. 103–329, title V, 

§541, Sept. 30, 1994, 108 Stat. 2415, provided that: 

‘‘(a)(1) The Director of the Center for Legislative Archives within the National Archives and Records Administration shall be established without regard to 

chapter 51 of title 5 and shall be paid at a rate determined without regard to the provisions of chapter 51 

and subchapter III of chapter 53 of title 5 governing 

General Schedule classification and pay rates: Provided, 

That such pay shall be no less than 120 percent of the 

rate of pay for GS–15, step 1 of the General Schedule 

nor more than the rate of pay in effect for level one of 

the Senior Executive Schedule. 

‘‘(2) There is established within the Center for Legislative Archives within the National Archives and 

Records Administration the position of Specialist in 

Congressional History. 

‘‘(b) There shall be made available from funds appropriated in each fiscal year to the National Archives and 

Records Administration, $20,000 for the administrative 

expenses of the Advisory Committee on the Records of 

Congress established under section 2701 of title 44, 

United States Code. 

‘‘(c) There are authorized to be appropriated such 

sums as may be necessary to carry out the purposes of 

subsections (a) and (b) of this section.’’ 

Page 61 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2104 

REFERENCES IN OTHER LAWS

Section 106 of Pub. L. 98–497 provided that: ‘‘With respect to any functions transferred by this Act [Pub. L. 

98–497] or by an amendment made by this Act and exercised after the effective date of this Act [Apr. 1, 1985], 

reference in any other Federal law to the office of the 

Archivist of the United States as in existence on the 

date before the effective date of this Act, or the National Archives and Records Service of the General 

Services Administration, or any office or officer thereof, shall be deemed to refer to the Archivist or the Administration.’’ 

SPENDING AUTHORITY

Section 302 of Pub. L. 98–497 provided that: ‘‘Any new 

spending authority (within the meaning of section 401 

of the Congressional Budget Act of 1974 [2 U.S.C. 651]) 

which is provided under this Act shall be effective for 

any fiscal year only to the extent or in such amounts 

as provided in appropriations Acts.’’ 

DEFINITIONS

Section 108 of Pub. L. 98–497 provided that: ‘‘For purposes of sections 103 through 106 [set out as notes 

above]— 

‘‘(1) the term ‘Archivist’ means the Archivist of the 

United States appointed under section 2103 of title 44, 

United States Code, as added by section 102(a)(2) of 

this Act; 

‘‘(2) the term ‘Administration’ means the National 

Archives and Records Administration established 

under section 2102 of such title (as amended by section 101 of this Act); and 

‘‘(3) the term ‘function’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.’’ 

§ 2103. Officers 

(a) The Archivist of the United States shall be 

appointed by the President by and with the advice and consent of the Senate. The Archivist 

shall be appointed without regard to political affiliations and solely on the basis of the professional qualifications required to perform the duties and responsibilities of the office of Archivist. The Archivist may be removed from office 

by the President. The President shall communicate the reasons for any such removal to each 

House of the Congress. 

(b) The Archivist shall be compensated at the 

rate provided for level III of the Executive 

Schedule under section 5314 of title 5. 

(c) There shall be in the Administration a Deputy Archivist of the United States, who shall be 

appointed by and who shall serve at the pleasure 

of the Archivist. The Deputy Archivist shall be 

established as a career reserved position in the 

Senior Executive Service within the meaning of 

section 3132(a)(8) of title 5. The Deputy Archivist 

shall perform such functions as the Archivist 

shall designate. During any absence or disability 

of the Archivist, the Deputy Archivist shall act 

as Archivist. In the event of a vacancy in the office of the Archivist, the Deputy Archivist shall 

act as Archivist until an Archivist is appointed 

under subsection (a). 

(Added Pub. L. 98–497, title I, §102(a)(2), Oct. 19, 

1984, 98 Stat. 2280.) 

PRIOR PROVISIONS

A prior section 2103 was renumbered section 2107 of 

this title. 

EFFECTIVE DATE

Section effective Apr. 1, 1985, see section 301 of Pub. 

L. 98–497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title. 

§ 2104. Administrative provisions 

(a) The Archivist shall prescribe such regulations as the Archivist deems necessary to effectuate the functions of the Archivist, and the 

head of each executive agency shall cause to be 

issued such orders and directives as such agency 

head deems necessary to carry out such regulations. 

(b) Except as otherwise expressly provided by 

law, the Archivist may delegate any of the functions of the Archivist to such officers and employees of the Administration as the Archivist 

may designate, and may authorize such successive redelegations of such functions as the Archivist may deem to be necessary or appropriate. A delegation of functions by the Archivist shall not relieve the Archivist of responsibility for the administration of such functions. 

(c) The Archivist may organize the Administration as the Archivist finds necessary or appropriate. 

(d) The Archivist is authorized to establish, 

maintain, alter, or discontinue such regional, 

local, or other field offices as the Archivist finds 

necessary or appropriate to perform the functions of the Archivist or the Administration. 

(e) The Archivist shall cause a seal of office to 

be made for the Administration of such design 

as the Archivist shall approve. Judicial notice 

shall be taken of such seal. 

(f) The Archivist may establish advisory committees to provide advice with respect to any 

function of the Archivist or the Administration. 

Members of any such committee shall serve 

without compensation but shall be entitled to 

transportation expenses and per diem in lieu of 

subsistence in accordance with section 5703 of 

title 5. 

(g) The Archivist shall advise and consult with 

interested Federal agencies with a view to obtaining their advice and assistance in carrying 

out the purposes of this chapter. 

(h) If authorized by the Archivist, officers and 

employees of the Administration having investigatory functions are empowered, while engaged in the performance of their duties in conducting investigations, to administer oaths. 

(Added Pub. L. 98–497, title I, §102(a)(2), Oct. 19, 

1984, 98 Stat. 2281.) 

PRIOR PROVISIONS

A prior section 2104 was renumbered section 2108 of 

this title. 

EFFECTIVE DATE

Section effective Apr. 1, 1985, see section 301 of Pub. 

L. 98–497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title. 

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness 

functions to Archivist of United States, see Parts 1, 2, 

and 20 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, 

set out as a note under section 5195 of Title 42, The 

Public Health and Welfare. 

§ 2105 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 62 

§ 2105. Personnel and services 

(a)(1) The Archivist is authorized to select, appoint, employ, and fix the compensation of such 

officers and employees, pursuant to part III of 

title 5, as are necessary to perform the functions 

of the Archivist and the Administration. 

(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph 

(f)(2) of section 2203 of this title, a director at 

each Presidential archival depository established under section 2112 of this title. The Archivist may appoint a director without regard to 

subchapter I and subchapter VIII of chapter 33 of 

title 5, United States Code, governing appointments in the competitive service and the Senior 

Executive Service. A director so appointed shall 

be responsible for the care and preservation of 

the Presidential records and historical materials 

deposited in a Presidential archival depository, 

shall serve at the pleasure of the Archivist and 

shall perform such other functions as the Archivist may specify. 

(b) The Archivist is authorized to obtain the 

services of experts and consultants under section 3109 of title 5. 

(c) Notwithstanding the provisions of section 

973 of title 10 or any other provision of law, the 

Archivist, in carrying out the functions of the 

Archivist or the Administration, is authorized 

to utilize in the Administration the services of 

officials, officers, and other personnel in other 

Federal agencies, including personnel of the 

armed services, with the consent of the head of 

the agency concerned. 

(d) Notwithstanding section 1342 of title 31, 

United States Code, the Archivist is authorized 

to accept and utilize voluntary and uncompensated services. 

(Added Pub. L. 98–497, title I, §102(a)(2), Oct. 19, 

1984, 98 Stat. 2281; amended Pub. L. 107–67, title 

VI, §649, Nov. 12, 2001, 115 Stat. 556.) 

PRIOR PROVISIONS

A prior section 2105 was renumbered section 2109 of 

this title. 

AMENDMENTS

2001—Subsec. (a). Pub. L. 107–67 amended subsec. (a) 

generally, designating existing provisions as par. (1) 

and adding par. (2). 

EFFECTIVE DATE

Section effective Apr. 1, 1985, see section 301 of Pub. 

L. 98–497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title. 

§ 2106. Reports to Congress 

The Archivist shall submit to the Congress, in 

January of each year and at such other times as 

the Archivist finds appropriate, a report concerning the administration of functions of the 

Archivist, the Administration, the National Historical Publications and Records Commission, 

and the National Archives Trust Fund. Such report shall describe— 

(1) program administration and expenditures 

of funds, both appropriated and nonappropriated, by the Administration, the Commission, and the Trust Fund Board; 

(2) research projects and publications undertaken by Commission grantees, and by Trust 

Fund grantees, including detailed information 

concerning the receipt and use of all appropriated and nonappropriated funds; 

(3) by account, the moneys, securities, and 

other personal property received and held by 

the National Archives Trust Fund Board, and 

of its operations, including a listing of the 

purposes for which funds are transferred to the 

National Archives and Records Administration for expenditure to other Federal agencies; 

and 

(4) the matters specified in section 2904(c)(8) 

of this title. 

(Added Pub. L. 98–497, title I, §102(a)(2), Oct. 19, 

1984, 98 Stat. 2282.) 

PRIOR PROVISIONS

A prior section 2106 was renumbered section 2110 of 

this title. 

EFFECTIVE DATE

Section effective Apr. 1, 1985, see section 301 of Pub. 

L. 98–497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title. 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

in this section relating to the requirement that the Archivist submit a report to Congress in January of each 

year, see section 3003 of Pub. L. 104–66, as amended, set 

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

Finance, and the last item on page 179 of House Document No. 103–7. 

§ 2107. Acceptance of records for historical preservation 

When it appears to the Archivist 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, the Congress, the Architect of 

the Capitol, or the Supreme Court 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 thirty 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 certified in writing to the Archivist that they 

must be retained in his custody for use in the 

conduct of the regular current business of the 

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 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 Archivist by 

section 2111 of this title. 

Page 63 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2107 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1287, §2103; 

Pub. L. 94–575, §4(a), Oct. 21, 1976, 90 Stat. 2727; 

Pub. L. 95–416, §1(a), Oct. 5, 1978, 92 Stat. 915; renumbered §2107 and amended Pub. L. 98–497, title 

I, §§102(a)(1), 107(a)(1), Oct. 19, 1984, 98 Stat. 2280, 

2285.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(a) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, 

§1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; 

Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, 

§4, 70 Stat. 494; June 13, 1957, Pub. L. 85–51, 71 Stat. 69). 

PRIOR PROVISIONS

A prior section 2107 was renumbered section 2111 of 

this title. 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(1), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ in provisions preceding par. (1), substituted ‘‘, the Congress, 

the Architect of the Capitol, or the Supreme Court’’ for 

‘‘or of the Congress’’ in par. (1), substituted ‘‘Archivist’’ 

for ‘‘Administrator’’ in par. (2), and substituted ‘‘Archivist’’ for ‘‘Administrator’’ and ‘‘section 2111’’ for ‘‘section 2107’’ in par. (4). 

1978—Par. (2). Pub. L. 95–416 substituted ‘‘thirty 

years’’ for ‘‘fifty years’’. 

1976—Par. (4). Pub. L. 94–575 substituted reference to 

section ‘‘2107’’ for ‘‘3106’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103–345, §1, Oct. 6, 1994, 108 Stat. 3128, provided 

that: ‘‘This Act [amending provisions set out as a note 

below] may be cited as the ‘President John F. Kennedy 

Assassination Records Collection Extension Act of 

1994’.’’ 

PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS

COLLECTION

Pub. L. 102–526, Oct. 26, 1992, 106 Stat. 3443, as amended by Pub. L. 103–345, §§2–5, Oct. 6, 1994, 108 Stat. 

3128–3130; Pub. L. 105–25, §1, July 3, 1997, 111 Stat. 240; 

Pub. L. 109–313, §2(c)(1), Oct. 6, 2006, 120 Stat. 1735, provided that: 

‘‘SECTION 1. SHORT TITLE. 

‘‘This Act may be cited as the ‘President John F. 

Kennedy Assassination Records Collection Act of 1992’. 

‘‘SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES. 

‘‘(a) FINDINGS AND DECLARATIONS.—The Congress 

finds and declares that— 

‘‘(1) all Government records related to the assassination of President John F. Kennedy should be preserved for historical and governmental purposes; 

‘‘(2) all Government records concerning the assassination of President John F. Kennedy should carry a 

presumption of immediate disclosure, and all records 

should be eventually disclosed to enable the public to 

become fully informed about the history surrounding 

the assassination; 

‘‘(3) legislation is necessary to create an enforceable, independent, and accountable process for the 

public disclosure of such records; 

‘‘(4) legislation is necessary because congressional 

records related to the assassination of President John 

F. Kennedy would not otherwise be subject to public 

disclosure until at least the year 2029; 

‘‘(5) legislation is necessary because the Freedom of 

Information Act [5 U.S.C. 552], as implemented by the 

executive branch, has prevented the timely public 

disclosure of records relating to the assassination of 

President John F. Kennedy; 

‘‘(6) legislation is necessary because Executive 

Order No. 12356 [50 U.S.C. 435 note], entitled ‘National 

Security Information’ has eliminated the declassification and downgrading schedules relating to classified information across government and has prevented the timely public disclosure of records relating to the assassination of President John F. Kennedy; and 

‘‘(7) most of the records related to the assassination 

of President John F. Kennedy are almost 30 years old, 

and only in the rarest cases is there any legitimate 

need for continued protection of such records. 

‘‘(b) PURPOSES.—The purposes of this Act are— 

‘‘(1) to provide for the creation of the President 

John F. Kennedy Assassination Records Collection at 

the National Archives and Records Administration; 

and 

‘‘(2) to require the expeditious public transmission 

to the Archivist and public disclosure of such records. 

‘‘SEC. 3. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) ‘Archivist’ means the Archivist of the United 

States. 

‘‘(2) ‘Assassination record’ means a record that is 

related to the assassination of President John F. 

Kennedy, that was created or made available for use 

by, obtained by, or otherwise came into the possession of— 

‘‘(A) the Commission to Investigate the Assassination of President John F. Kennedy (the ‘Warren 

Commission’); 

‘‘(B) the Commission on Central Intelligence 

Agency Activities Within the United States (the 

‘Rockefeller Commission’); 

‘‘(C) the Senate Select Committee to Study Governmental Operations with Respect to Intelligence 

Activities (the ‘Church Committee’); 

‘‘(D) the Select Committee on Intelligence (the 

‘Pike Committee’) of the House of Representatives; 

‘‘(E) the Select Committee on Assassinations (the 

‘House Assassinations Committee’) of the House of 

Representatives; 

‘‘(F) the Library of Congress; 

‘‘(G) the National Archives and Records Administration; 

‘‘(H) any Presidential library; 

‘‘(I) any Executive agency; 

‘‘(J) any independent agency; 

‘‘(K) any other office of the Federal Government; 

and 

‘‘(L) any State or local law enforcement office 

that provided support or assistance or performed 

work in connection with a Federal inquiry into the 

assassination of President John F. Kennedy, 

but does not include the autopsy records donated by 

the Kennedy family to the National Archives pursuant to a deed of gift regulating access to those 

records, or copies and reproductions made from such 

records. 

‘‘(3) ‘Collection’ means the President John F. Kennedy Assassination Records Collection established 

under section 4. 

‘‘(4) ‘Executive agency’ means an Executive agency 

as defined in subsection 552(f) of title 5, United States 

Code, and includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment 

in the executive branch of the Government, including 

the Executive Office of the President, or any independent regulatory agency. 

‘‘(5) ‘Government office’ means any office of the 

Federal Government that has possession or control of 

assassination records, including— 

‘‘(A) the House Committee on Administration 

with regard to the Select Committee on Assassinations of the records of the House of Representatives; 

§ 2107 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 64 

‘‘(B) the Select Committee on Intelligence of the 

Senate with regard to records of the Senate Select 

Committee to Study Governmental Operations with 

Respect to Intelligence Activities and other assassination records; 

‘‘(C) the Library of Congress; 

‘‘(D) the National Archives as custodian of assassination records that it has obtained or possesses, 

including the Commission to Investigate the Assassination of President John F. Kennedy and the 

Commission on Central Intelligence Agency Activities in the United States; and 

‘‘(E) any other executive branch office or agency, 

and any independent agency. 

‘‘(6) ‘Identification aid’ means the written description prepared for each record as required in section 4. 

‘‘(7) ‘National Archives’ means the National Archives and Records Administration and all components thereof, including Presidential archival depositories established under section 2112 of title 44, 

United States Code. 

‘‘(8) ‘Official investigation’ means the reviews of 

the assassination of President John F. Kennedy conducted by any Presidential commission, any authorized congressional committee, and any Government 

agency either independently, at the request of any 

Presidential commission or congressional committee, 

or at the request of any Government official. 

‘‘(9) ‘Originating body’ means the Executive agency, government commission, congressional committee, or other governmental entity that created a 

record or particular information within a record. 

‘‘(10) ‘Public interest’ means the compelling interest in the prompt public disclosure of assassination 

records for historical and governmental purposes and 

for the purpose of fully informing the American people about the history surrounding the assassination 

of President John F. Kennedy. 

‘‘(11) ‘Record’ includes a book, paper, map, photograph, sound or video recording, machine readable 

material, computerized, digitized, or electronic information, regardless of the medium on which it is 

stored, or other documentary material, regardless of 

its physical form or characteristics. 

‘‘(12) ‘Review Board’ means the Assassination 

Records Review Board established by section 7. 

‘‘(13) ‘Third agency’ means a Government agency 

that originated an assassination record that is in the 

possession of another agency. 

‘‘SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. 

‘‘(a) IN GENERAL.—(1) Not later than 60 days after the 

date of enactment of this Act [Oct. 26, 1992], the National Archives and Records Administration shall commence establishment of a collection of records to be 

known as the President John F. Kennedy Assassination 

Records Collection. In so doing, the Archivist shall ensure the physical integrity and original provenance of 

all records. The Collection shall consist of record copies of all Government records relating to the assassination of President John F. Kennedy, which shall be 

transmitted to the National Archives in accordance 

with section 2107 of title 44, United States Code. The 

Archivist shall prepare and publish a subject guidebook 

and index to the collection. 

‘‘(2) The Collection shall include— 

‘‘(A) all assassination records— 

‘‘(i) that have been transmitted to the National 

Archives or disclosed to the public in an unredacted 

form prior to the date of enactment of this Act; 

‘‘(ii) that are required to be transmitted to the 

National Archives; or 

‘‘(iii) the disclosure of which is postponed under 

this Act; 

‘‘(B) a central directory comprised of identification 

aids created for each record transmitted to the Archivist under section 5; and 

‘‘(C) all Review Board records as required by this 

Act. 

‘‘(b) DISCLOSURE OF RECORDS.—All assassination 

records transmitted to the National Archives for disclosure to the public shall be included in the Collection 

and shall be available to the public for inspection and 

copying at the National Archives within 30 days after 

their transmission to the National Archives. 

‘‘(c) FEES FOR COPYING.—The Archivist shall— 

‘‘(1) charge fees for copying assassination records; 

and 

‘‘(2) grant waivers of such fees pursuant to the 

standards established by section 552(a)(4) of title 5, 

United States Code. 

‘‘(d) ADDITIONAL REQUIREMENTS.—(1) The Collection 

shall be preserved, protected, archived, and made available to the public at the National Archives using appropriations authorized, specified, and restricted for use 

under the terms of this Act. 

‘‘(2) The National Archives, in consultation with the 

Information Security Oversight Office, shall ensure the 

security of the postponed assassination records in the 

Collection. 

‘‘(e) OVERSIGHT.—The Committee on Government Operations [now Committee on Oversight and Government 

Reform] of the House of Representatives and the Committee on Governmental Affairs [now Committee on 

Homeland Security and Governmental Affairs] of the 

Senate shall have continuing oversight jurisdiction 

with respect to the Collection. 

‘‘SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION 

TO THE NATIONAL ARCHIVES, AND PUBLIC 

DISCLOSURE OF ASSASSINATION RECORDS BY 

GOVERNMENT OFFICES. 

‘‘(a) IN GENERAL.—(1) As soon as practicable after the 

date of enactment of this Act [Oct. 26, 1992], each Government office shall identify and organize its records 

relating to the assassination of President John F. Kennedy and prepare them for transmission to the Archivist for inclusion in the Collection. 

‘‘(2) No assassination record shall be destroyed, altered, or mutilated in any way. 

‘‘(3) No assassination record made available or disclosed to the public prior to the date of enactment of 

this Act may be withheld, redacted, postponed for public disclosure, or reclassified. 

‘‘(4) No assassination record created by a person or 

entity outside government (excluding names or identities consistent with the requirements of section 6) shall 

be withheld, redacted, postponed for public disclosure, 

or reclassified. 

‘‘(b) CUSTODY OF ASSASSINATION RECORDS PENDING REVIEW.—During the review by Government offices and 

pending review activity by the Review Board, each 

Government office shall retain custody of its assassination records for purposes of preservation, security, and 

efficiency, unless— 

‘‘(1) the Review Board requires the physical transfer of records for purposes of conducting an independent and impartial review; 

‘‘(2) transfer is necessary for an administrative 

hearing or other Review Board function; or 

‘‘(3) it is a third agency record described in subsection (c)(2)(C). 

‘‘(c) REVIEW.—(1) Not later than 300 days after the 

date of enactment of this Act [Oct. 26, 1992], each Government office shall review, identify and organize each 

assassination record in its custody or possession for 

disclosure to the public, review by the Review Board, 

and transmission to the Archivist. 

‘‘(2) In carrying out paragraph (1), a Government office shall— 

‘‘(A) determine which of its records are assassination records; 

‘‘(B) determine which of its assassination records 

have been officially disclosed or publicly available in 

a complete and unredacted form; 

‘‘(C)(i) determine which of its assassination records, 

or particular information contained in such a record, 

Page 65 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2107 

was created by a third agency or by another Government office; and 

‘‘(ii) transmit to a third agency or other Government office those records, or particular information 

contained in those records, or complete and accurate 

copies thereof; 

‘‘(D)(i) determine whether its assassination records 

or particular information in assassination records are 

covered by the standards for postponement of public 

disclosure under this Act; and 

‘‘(ii) specify on the identification aid required by 

subsection (d) the applicable postponement provision 

contained in section 6; 

‘‘(E) organize and make available to the Review 

Board all assassination records identified under subparagraph (D) the public disclosure of which in whole 

or in part may be postponed under this Act; 

‘‘(F) organize and make available to the Review 

Board any record concerning which the office has any 

uncertainty as to whether the record is an assassination record governed by this Act; 

‘‘(G) give priority to— 

‘‘(i) the identification, review, and transmission 

of all assassination records publicly available or 

disclosed as of the date of enactment of this Act in 

a redacted or edited form; and 

‘‘(ii) the identification, review, and transmission, 

under the standards for postponement set forth in 

this Act, of assassination records that on the date 

of enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; 

and 

‘‘(H) make available to the Review Board any additional information and records that the Review Board 

has reason to believe it requires for conducting a review under this Act. 

‘‘(3) The Director of each archival depository established under section 2112 of title 44, United States Code, 

shall have as a priority the expedited review for public 

disclosure of assassination records in the possession 

and custody of the depository, and shall make such 

records available to the Review Board as required by 

this Act. 

‘‘(d) IDENTIFICATION AIDS.—(1)(A) Not later than 45 

days after the date of enactment of this Act [Oct. 26, 

1992], the Archivist, in consultation with the appropriate Government offices, shall prepare and make 

available to all Government offices a standard form of 

identification or finding aid for use with each assassination record subject to review under this Act. 

‘‘(B) The Archivist shall ensure that the identification aid program is established in such a manner as to 

result in the creation of a uniform system of electronic 

records by Government offices that are compatible 

with each other. 

‘‘(2) Upon completion of an identification aid, a Government office shall— 

‘‘(A) attach a printed copy to the record it describes; 

‘‘(B) transmit to the Review Board a printed copy; 

and 

‘‘(C) attach a printed copy to each assassination 

record it describes when it is transmitted to the Archivist. 

‘‘(3) Assassination records which are in the possession 

of the National Archives on the date of enactment of 

this Act, and which have been publicly available in 

their entirety without redaction, shall be made available in the Collection without any additional review by 

the Review Board or another authorized office under 

this Act, and shall not be required to have such an 

identification aid unless required by the Archivist. 

‘‘(e) TRANSMISSION TO THE NATIONAL ARCHIVES.—Each 

Government office shall— 

‘‘(1) transmit to the Archivist, and make immediately available to the public, all assassination 

records that can be publicly disclosed, including 

those that are publicly available on the date of enactment of this Act [Oct. 26, 1992], without any redaction, adjustment, or withholding under the standards 

of this Act; and 

‘‘(2) transmit to the Archivist upon approval for 

postponement by the Review Board or upon completion of other action authorized by this Act, all assassination records the public disclosure of which has 

been postponed, in whole or in part, under the standards of this Act, to become part of the protected Collection. 

‘‘(f) CUSTODY OF POSTPONED ASSASSINATION

RECORDS.—An assassination record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security 

and preservation by the originating body until such 

time as the information security program has been established at the National Archives as required in section 4(e)(2). 

‘‘(g) PERIODIC REVIEW OF POSTPONED ASSASSINATION

RECORDS.—(1) All postponed or redacted records shall 

be reviewed periodically by the originating agency and 

the Archivist consistent with the recommendations of 

the Review Board under section 9(c)(3)(B). 

‘‘(2)(A) A periodic review shall address the public disclosure of additional assassination records in the Collection under the standards of this Act. 

‘‘(B) All postponed assassination records determined 

to require continued postponement shall require an unclassified written description of the reason for such 

continued postponement. Such description shall be provided to the Archivist and published in the Federal 

Register upon determination. 

‘‘(C) The periodic review of postponed assassination 

records shall serve to downgrade and declassify security classified information. 

‘‘(D) Each assassination record shall be publicly disclosed in full, and available in the Collection no later 

than the date that is 25 years after the date of enactment of this Act [Oct. 26, 1992], unless the President 

certifies, as required by this Act, that— 

‘‘(i) continued postponement is made necessary by 

an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of 

foreign relations; and 

‘‘(ii) the identifiable harm is of such gravity that it 

outweighs the public interest in disclosure. 

‘‘(h) FEES FOR COPYING.—Executive branch agencies 

shall— 

‘‘(1) charge fees for copying assassination records; 

and 

‘‘(2) grant waivers of such fees pursuant to the 

standards established by section 552(a)(4) of title 5, 

United States Code. 

‘‘SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS. 

‘‘Disclosure of assassination records or particular information in assassination records to the public may be 

postponed subject to the limitations of this Act if there 

is clear and convincing evidence that— 

‘‘(1) the threat to the military defense, intelligence 

operations, or conduct of foreign relations of the 

United States posed by the public disclosure of the 

assassination record is of such gravity that it outweighs the public interest, and such public disclosure 

would reveal— 

‘‘(A) an intelligence agent whose identity currently requires protection; 

‘‘(B) an intelligence source or method which is 

currently utilized, or reasonably expected to be utilized, by the United States Government and which 

has not been officially disclosed, the disclosure of 

which would interfere with the conduct of intelligence activities; or 

‘‘(C) any other matter currently relating to the 

military defense, intelligence operations or conduct 

of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; 

‘‘(2) the public disclosure of the assassination 

record would reveal the name or identity of a living 

person who provided confidential information to the 

United States and would pose a substantial risk of 

harm to that person; 

§ 2107 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 66 

‘‘(3) the public disclosure of the assassination 

record could reasonably be expected to constitute an 

unwarranted invasion of personal privacy, and that 

invasion of privacy is so substantial that it outweighs the public interest; 

‘‘(4) the public disclosure of the assassination 

record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign government, and public 

disclosure would be so harmful that it outweighs the 

public interest; or 

‘‘(5) the public disclosure of the assassination 

record would reveal a security or protective procedure currently utilized, or reasonably expected to be 

utilized, by the Secret Service or another Government agency responsible for protecting Government 

officials, and public disclosure would be so harmful 

that it outweighs the public interest. 

‘‘SEC. 7. ESTABLISHMENT AND POWERS OF THE 

ASSASSINATION RECORDS REVIEW BOARD. 

‘‘(a) ESTABLISHMENT.—There is established as an independent agency a board to be known as the Assassinations Records Review Board. 

‘‘(b) APPOINTMENT.—(1) The President, by and with 

the advice and consent of the Senate, shall appoint, 

without regard to political affiliation, 5 citizens to 

serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and 

public disclosure of Government records related to the 

assassination of President John F. Kennedy. 

‘‘(2) The President shall make nominations to the Review Board not later than 90 calendar days after the 

date of enactment of this Act [Oct. 26, 1992]. 

‘‘(3) If the Senate votes not to confirm a nomination 

to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. 

‘‘(4)(A) The President shall make nominations to the 

Review Board after considering persons recommended 

by the American Historical Association, the Organization of American Historians, the Society of American 

Archivists, and the American Bar Association. 

‘‘(B) If an organization described in subparagraph (A) 

does not recommend at least 2 nominees meeting the 

qualifications stated in paragraph (5) by the date that 

is 45 days after the date of enactment of this Act, the 

President shall consider for nomination the persons 

recommended by the other organizations described in 

subparagraph (A). 

‘‘(C) The President may request an organization described in subparagraph (A) to submit additional nominations. 

‘‘(5) Persons nominated to the Review Board— 

‘‘(A) shall be impartial private citizens, none of 

whom is presently employed by any branch of the 

Government, and none of whom shall have had any 

previous involvement with any official investigation 

or inquiry conducted by a Federal, State, or local 

government, relating to the assassination of President John F. Kennedy; 

‘‘(B) shall be distinguished persons of high national 

professional reputation in their respective fields who 

are capable of exercising the independent and objective judgment necessary to the fulfillment of their 

role in ensuring and facilitating the review, transmission to the public, and public disclosure of records 

related to the assassination of President John F. 

Kennedy and who possess an appreciation of the value 

of such material to the public, scholars, and government; and 

‘‘(C) shall include at least 1 professional historian 

and 1 attorney. 

‘‘(c) SECURITY CLEARANCES.—(1) All Review Board 

nominees shall be granted the necessary security clearances in an accelerated manner subject to the standard 

procedures for granting such clearances. 

‘‘(2) All nominees shall qualify for the necessary security clearance prior to being considered for confirmation by the Committee on Governmental Affairs [now 

Committee on Homeland Security and Governmental 

Affairs] of the Senate. 

‘‘(d) CONFIRMATION HEARINGS.—(1) The Committee on 

Governmental Affairs [now Committee on Homeland 

Security and Governmental Affairs] of the Senate shall 

hold confirmation hearings within 30 days in which the 

Senate is in session after the nomination of 3 Review 

Board members. 

‘‘(2) The Committee on Governmental Affairs shall 

vote on the nominations within 14 days in which the 

Senate is in session after the confirmation hearings, 

and shall report its results to the full Senate immediately. 

‘‘(3) The Senate shall vote on each nominee to confirm or reject within 14 days in which the Senate is in 

session after reported by the Committee on Governmental Affairs. 

‘‘(e) VACANCY.—A vacancy on the Review Board shall 

be filled in the same manner as specified for original 

appointment within 30 days of the occurrence of the vacancy. 

‘‘(f) CHAIRPERSON.—The Members of the Review Board 

shall elect one of its members as chairperson at its initial meeting. 

‘‘(g) REMOVAL OF REVIEW BOARD MEMBER.—(1) No 

member of the Review Board shall be removed from office, other than— 

‘‘(A) by impeachment and conviction; or 

‘‘(B) by the action of the President for inefficiency, 

neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition 

that substantially impairs the performance of the 

member’s duties. 

‘‘(2)(A) If a member of the Review Board is removed 

from office, and that removal is by the President, not 

later than 10 days after the removal the President shall 

submit to the Committee on Government Operations 

[now Committee on Oversight and Government Reform] 

of the House of Representatives and the Committee on 

Governmental Affairs [now Committee on Homeland 

Security and Governmental Affairs] of the Senate a report specifying the facts found and the grounds for the 

removal. 

‘‘(B) The President shall publish in the Federal Register a report submitted under paragraph (2)(A), except 

that the President may, if necessary to protect the 

rights of a person named in the report or to prevent 

undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report 

until the completion of such pending cases or pursuant 

to privacy protection requirements in law. 

‘‘(3)(A) A member of the Review Board removed from 

office may obtain judicial review of the removal in a 

civil action commenced in the United States District 

Court for the District of Columbia. 

‘‘(B) The member may be reinstated or granted other 

appropriate relief by order of the court. 

‘‘(h) COMPENSATION OF MEMBERS.—(1) A member of 

the Review Board shall be compensated at a rate equal 

to the daily equivalent of the annual rate of basic pay 

prescribed for level IV of the Executive Schedule under 

section 5315 of title 5, United States Code, for each day 

(including travel time) during which the member is engaged in the performance of the duties of the Review 

Board. 

‘‘(2) A member of the Review Board shall be allowed 

reasonable travel expenses, including per diem in lieu 

of subsistence, at rates for employees of agencies under 

subchapter I of chapter 57 of title 5, United States 

Code, while away from the member’s home or regular 

place of business in the performance of services for the 

Review Board. 

‘‘(i) DUTIES OF THE REVIEW BOARD.—(1) The Review 

Board shall consider and render decisions on a determination by a Government office to seek to postpone 

the disclosure of assassination records. 

‘‘(2) In carrying out paragraph (1), the Review Board 

shall consider and render decisions— 

‘‘(A) whether a record constitutes an assassination 

record; and 

Page 67 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2107 

‘‘(B) whether an assassination record or particular 

information in a record qualifies for postponement of 

disclosure under this Act. 

‘‘(j) POWERS.—(1) The Review Board shall have the authority to act in a manner prescribed under this Act including authority to— 

‘‘(A) direct Government offices to complete identification aids and organize assassination records; 

‘‘(B) direct Government offices to transmit to the 

Archivist assassination records as required under this 

Act, including segregable portions of assassination 

records, and substitutes and summaries of assassination records that can be publicly disclosed to the fullest extent; 

‘‘(C)(i) obtain access to assassination records that 

have been identified and organized by a Government 

office; 

‘‘(ii) direct a Government office to make available 

to the Review Board, and if necessary investigate the 

facts surrounding, additional information, records, or 

testimony from individuals, which the Review Board 

has reason to believe is required to fulfill its functions and responsibilities under this Act; and 

‘‘(iii) request the Attorney General to subpoena private persons to compel testimony, records, and other 

information relevant to its responsibilities under this 

Act; 

‘‘(D) require any Government office to account in 

writing for the destruction of any records relating to 

the assassination of President John F. Kennedy; 

‘‘(E) receive information from the public regarding 

the identification and public disclosure of assassination records; 

‘‘(F) hold hearings, administer oaths, and subpoena 

witnesses and documents; and 

‘‘(G) use the Federal Acquisition Service in the 

same manner and under the same conditions as other 

departments and agencies of the United States; and 

‘‘(H) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 

‘‘(2) A subpoena issued under paragraph (1)(C)(iii) 

may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. 

‘‘(k) WITNESS IMMUNITY.—The Review Board shall be 

considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. 

‘‘(l) OVERSIGHT.—(1) The Committee on Government 

Operations [now Committee on Oversight and Government Reform] of the House of Representatives and the 

Committee on Governmental Affairs [now Committee 

on Homeland Security and Governmental Affairs] of 

the Senate shall have continuing oversight jurisdiction 

with respect to the official conduct of the Review 

Board and the disposition of postponed records after 

termination of the Review Board, and shall have access 

to any records held or created by the Review Board. 

‘‘(2) The Review Board shall have the duty to cooperate with the exercise of such oversight jurisdiction. 

‘‘(m) SUPPORT SERVICES.—The Administrator of the 

General Services Administration shall provide administrative services for the Review Board on a reimbursable 

basis. 

‘‘(n) INTERPRETIVE REGULATIONS.—The Review Board 

may issue interpretive regulations. 

‘‘(o) TERMINATION AND WINDING UP.—(1) The Review 

Board and the terms of its members shall terminate 

not later than September 30, 1998. 

‘‘(2) Upon its termination, the Review Board shall 

submit reports to the President and the Congress including a complete and accurate accounting of expenditures during its existence, and shall complete all other 

reporting requirements under this Act. 

‘‘(3) Upon termination and winding up, the Review 

Board shall transfer all of its records to the Archivist 

for inclusion in the Collection, and no record of the Review Board shall be destroyed. 

‘‘SEC. 8. ASSASSINATION RECORDS REVIEW BOARD 

PERSONNEL. 

‘‘(a) EXECUTIVE DIRECTOR.—(1) Not later than 45 days 

after the initial meeting of the Review Board, the Review Board shall appoint one citizen, without regard to 

political affiliation, to the position of Executive Director. 

‘‘(2) The person appointed as Executive Director shall 

be a private citizen of integrity and impartiality who is 

a distinguished professional and who is not a present 

employee of any branch of the Government and has had 

no previous involvement with any official investigation 

or inquiry relating to the assassination of President 

John F. Kennedy. 

‘‘(3)(A) A candidate for Executive Director shall be 

granted the necessary security clearances in an accelerated manner subject to the standard procedures for 

granting such clearances. 

‘‘(B) A candidate shall qualify for the necessary security clearance prior to being approved by the Review 

Board. 

‘‘(4) The Executive Director shall— 

‘‘(A) serve as principal liaison to Government offices; 

‘‘(B) be responsible for the administration and coordination of the Review Board’s review of records; 

‘‘(C) be responsible for the administration of all official activities conducted by the Review Board; and 

‘‘(D) have no authority to decide or determine 

whether any record should be disclosed to the public 

or postponed for disclosure. 

‘‘(5) The Executive Director shall not be removed for 

reasons other than by a majority vote of the Review 

Board for cause on the grounds of inefficiency, neglect 

of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of 

the Executive Director or the staff of the Review 

Board. 

‘‘(b) STAFF.—(1) The Review Board, without regard to 

the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review 

Board and its Executive Director to perform the duties 

of the Review Board. 

‘‘(2)(A) Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be 

a private citizen of integrity and impartiality who is 

not a present employee of any branch of the Government and who has had no previous involvement with 

any official investigation or inquiry relating to the assassination of President John F. Kennedy. 

‘‘(B) An individual who is an employee of the Government may be appointed to the staff of the Review 

Board if in that position the individual will perform 

only administrative functions. 

‘‘(3)(A) A candidate for staff shall be granted the necessary security clearances in an accelerated manner 

subject to the standard procedures for granting such 

clearances. 

‘‘(B)(i) The Review Board may offer conditional employment to a candidate for a staff position pending the 

completion of security clearance background investigations. During the pendency of such investigations, the 

Review Board shall ensure that any such employee does 

not have access to, or responsibility involving, classified or otherwise restricted assassination record materials. 

‘‘(ii) If a person hired on a conditional basis under 

clause (i) is denied or otherwise does not qualify for all 

security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment. 

‘‘(c) COMPENSATION.—Subject to such rules as may be 

adopted by the Review Board, the chairperson, without 

regard to the provisions of title 5, United States Code, 

governing appointments in the competitive service and 

without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, may— 

‘‘(1) appoint an Executive Director, who shall be 

paid at a rate not to exceed the rate of basic pay for 

level V of the Executive Schedule; and 

‘‘(2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act. 

§ 2107 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 68 

‘‘(d) ADVISORY COMMITTEES.—(1) The Review Board 

shall have the authority to create advisory committees 

to assist in fulfilling the responsibilities of the Review 

Board under this Act. 

‘‘(2) Any advisory committee created by the Review 

Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 

‘‘(e) SECURITY CLEARANCE REQUIRED.—An individual 

employed in any position by the Review Board (including an individual appointed as Executive Director) 

shall be required to qualify for any necessary security 

clearance prior to taking office in that position, but 

may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance. 

‘‘SEC. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW BOARD. 

‘‘(a) CUSTODY OF RECORDS REVIEWED BY BOARD.— 

Pending the outcome of the Review Board’s review activity, a Government office shall retain custody of its 

assassination records for purposes of preservation, security, and efficiency, unless— 

‘‘(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or 

‘‘(2) such transfer is necessary for an administrative hearing or other official Review Board function. 

‘‘(b) STARTUP REQUIREMENTS.—The Review Board 

shall— 

‘‘(1) not later than 90 days after the date of its appointment, publish a schedule for review of all assassination records in the Federal Register; and 

‘‘(2) not later than 180 days after the date of enactment of this Act [Oct. 26, 1992], begin its review of assassination records under this Act. 

‘‘(c) DETERMINATIONS OF THE REVIEW BOARD.—(1) The 

Review Board shall direct that all assassination records 

be transmitted to the Archivist and disclosed to the 

public in the Collection in the absence of clear and convincing evidence that— 

‘‘(A) a Government record is not an assassination 

record; or 

‘‘(B) a Government record or particular information 

within an assassination record qualifies for postponement of public disclosure under this Act. 

‘‘(2) In approving postponement of public disclosure 

of an assassination record, the Review Board shall seek 

to— 

‘‘(A) provide for the disclosure of segregable parts, 

substitutes, or summaries of such a record; and 

‘‘(B) determine, in consultation with the originating body and consistent with the standards for 

postponement under this Act, which of the following 

alternative forms of disclosure shall be made by the 

originating body: 

‘‘(i) Any reasonably segregable particular information in an assassination record. 

‘‘(ii) A substitute record for that information 

which is postponed. 

‘‘(iii) A summary of an assassination record. 

‘‘(3) With respect to each assassination record or particular information in assassination records the public 

disclosure of which is postponed pursuant to section 6, 

or for which only substitutions or summaries have been 

disclosed to the public, the Review Board shall create 

and transmit to the Archivist a report containing— 

‘‘(A) a description of actions by the Review Board, 

the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of 

any record) and of any official proceedings conducted 

by the Review Board with regard to specific assassination records; and 

‘‘(B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended specified 

time at which or a specified occurrence following 

which the material may be appropriately disclosed to 

the public under this Act. 

‘‘(4)(A) Following its review and a determination that 

an assassination record shall be publicly disclosed in 

the Collection or postponed for disclosure and held in 

the protected Collection, the Review Board shall notify 

the head of the originating body of its determination 

and publish a copy of the determination in the Federal 

Register within 14 days after the determination is 

made. 

‘‘(B) Contemporaneous notice shall be made to the 

President for Review Board determinations regarding 

executive branch assassination records, and to the 

oversight committees designated in this Act in the case 

of legislative branch records. Such notice shall contain 

a written unclassified justification for public disclosure 

or postponement of disclosure, including an explanation of the application of any standards contained in 

section 6. 

‘‘(d) PRESIDENTIAL AUTHORITY OVER REVIEW BOARD

DETERMINATION.— 

‘‘(1) PUBLIC DISCLOSURE OR POSTPONEMENT OF DISCLOSURE.—After the Review Board has made a formal 

determination concerning the public disclosure or 

postponement of disclosure of an executive branch assassination record or information within such a 

record, or of any information contained in an assassination record, obtained or developed solely within 

the executive branch, the President shall have the 

sole and nondelegable authority to require the disclosure or postponement of such record or information 

under the standards set forth in section 6, and the 

President shall provide the Review Board with an unclassified written certification specifying the President’s decision within 30 days after the Review 

Board’s determination and notice to the executive 

branch agency as required under this Act, stating the 

justification for the President’s decision, including 

the applicable grounds for postponement under section 6, accompanied by a copy of the identification 

aid required under section 4. 

‘‘(2) PERIODIC REVIEW.—Any executive branch assassination record postponed by the President shall be 

subject to the requirements of periodic review, downgrading and declassification of classified information, 

and public disclosure in the collection set forth in 

section 4. 

‘‘(3) RECORD OF PRESIDENTIAL POSTPONEMENT.—The 

Review Board shall, upon its receipt, publish in the 

Federal Register a copy of any unclassified written 

certification, statement, and other materials transmitted by or on behalf of the President with regard 

to postponement of assassination records. 

‘‘(e) NOTICE TO PUBLIC.—Every 30 calendar days, beginning on the date that is 60 calendar days after the 

date on which the Review Board first approves the 

postponement of disclosure of an assassination record, 

the Review Board shall publish in the Federal Register 

a notice that summarizes the postponements approved 

by the Review Board or initiated by the President, the 

House of Representatives, or the Senate, including a 

description of the subject, originating agency, length 

or other physical description, and each ground for postponement that is relied upon. 

‘‘(f) REPORTS BY THE REVIEW BOARD.—(1) The Review 

Board shall report its activities to the leadership of the 

Congress, the Committee on Government Operations 

[now Committee on Oversight and Government Reform] 

of the House of Representatives, the Committee on 

Governmental Affairs [now Committee on Homeland 

Security and Governmental Affairs] of the Senate, the 

President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. 

‘‘(2) The first report shall be issued on the date that 

is 1 year after the date of enactment of this Act [Oct. 

26, 1992], and subsequent reports every 12 months thereafter until termination of the Review Board. 

‘‘(3) A report under paragraph (1) shall include the 

following information: 

‘‘(A) A financial report of the expenses for all official activities and requirements of the Review Board 

and its personnel. 

‘‘(B) The progress made on review, transmission to 

the Archivist, and public disclosure of assassination 

records. 

Page 69 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2108 

‘‘(C) The estimated time and volume of assassination records involved in the completion of the Review 

Board’s performance under this Act. 

‘‘(D) Any special problems, including requests and 

the level of cooperation of Government offices, with 

regard to the ability of the Review Board to operate 

as required by this Act. 

‘‘(E) A record of review activities, including a 

record of postponement decisions by the Review 

Board or other related actions authorized by this Act, 

and a record of the volume of records reviewed and 

postponed. 

‘‘(F) Suggestions and requests to Congress for additional legislative authority needs. 

‘‘(G) An appendix containing copies of reports of 

postponed records to the Archivist required under 

section 9(c)(3) made since the date of the preceding 

report under this subsection. 

‘‘(4) At least 90 calendar days before completing its 

work, the Review Board shall provide written notice to 

the President and Congress of its intention to terminate its operations at a specified date. 

‘‘SEC. 10. DISCLOSURE OF OTHER MATERIALS AND 

ADDITIONAL STUDY. 

‘‘(a) MATERIALS UNDER SEAL OF COURT.— 

‘‘(1) The Review Board may request the Attorney 

General to petition any court in the United States or 

abroad to release any information relevant to the assassination of President John F. Kennedy that is held 

under seal of the court. 

‘‘(2)(A) The Review Board may request the Attorney General to petition any court in the United 

States to release any information relevant to the assassination of President John F. Kennedy that is held 

under the injunction of secrecy of a grand jury. 

‘‘(B) A request for disclosure of assassination materials under this Act shall be deemed to constitute a 

showing of particularized need under Rule 6 of the 

Federal Rules of Criminal Procedure [18 U.S.C. App.]. 

‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 

‘‘(1) the Attorney General should assist the Review 

Board in good faith to unseal any records that the 

Review Board determines to be relevant and held 

under seal by a court or under the injunction of secrecy of a grand jury; 

‘‘(2) the Secretary of State should contact the Government of the Republic of Russia and seek the disclosure of all records of the government of the former 

Soviet Union, including the records of the Komitet 

Gosudarstvennoy Bezopasnosti (KGB) and the 

Glaynoye Razvedyvatelnoye Upravleniye (GRU), relevant to the assassination of President Kennedy, and 

contact any other foreign government that may hold 

information relevant to the assassination of President Kennedy and seek disclosure of such information; and 

‘‘(3) all Executive agencies should cooperate in full 

with the Review Board to seek the disclosure of all 

information relevant to the assassination of President John F. Kennedy consistent with the public interest. 

‘‘SEC. 11. RULES OF CONSTRUCTION. 

‘‘(a) PRECEDENCE OVER OTHER LAW.—When this Act 

requires transmission of a record to the Archivist or 

public disclosure, it shall take precedence over any 

other law (except section 6103 of the Internal Revenue 

Code [26 U.S.C. 6103]), judicial decision construing such 

law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release 

of gifts and donations of records to the United States 

Government. 

‘‘(b) FREEDOM OF INFORMATION ACT.—Nothing in this 

Act shall be construed to eliminate or limit any right 

to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of 

title 5, United States Code. 

‘‘(c) JUDICIAL REVIEW.—Nothing in this Act shall be 

construed to preclude judicial review, under chapter 7 

of title 5, United States Code, of final actions taken or 

required to be taken under this Act. 

‘‘(d) EXISTING AUTHORITY.—Nothing in this Act revokes or limits the existing authority of the President, 

any executive agency, the Senate, or the House of Representatives, or any other entity of the Government to 

publicly disclose records in its possession. 

‘‘(e) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.—To the extent that any provision of this Act 

establishes a procedure to be followed in the Senate or 

the House of Representatives, such provision is adopted— 

‘‘(1) as an exercise of the rulemaking power of the 

Senate and House of Representatives, respectively, 

and is deemed to be part of the rules of each House, 

respectively, but applicable only with respect to the 

procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and 

‘‘(2) with full recognition of the constitutional 

right of either House to change the rules (so far as 

they relate to the procedure of that House) at any 

time, in the same manner, and to the same extent as 

in the case of any other rule of that House. 

‘‘SEC. 12. TERMINATION OF EFFECT OF ACT. 

‘‘(a) PROVISIONS PERTAINING TO THE REVIEW BOARD.— 

The provisions of this Act that pertain to the appointment and operation of the Review Board shall cease to 

be effective when the Review Board and the terms of its 

members have terminated pursuant to section 7(o). 

‘‘(b) OTHER PROVISIONS.—The remaining provisions of 

this Act shall continue in effect until such time as the 

Archivist certifies to the President and the Congress 

that all assassination records have been made available 

to the public in accordance with this Act. 

‘‘SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out the provisions of this Act $1,600,000 

for fiscal year 1998. 

‘‘(b) INTERIM FUNDING.—Until such time as funds are 

appropriated pursuant to subsection (a), the President 

may use such sums as are available for discretionary 

use to carry out this Act. 

‘‘SEC. 14. SEVERABILITY. 

‘‘If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to other persons not similarly situated or to other 

circumstances shall not be affected by the invalidation.’’ 

[For transfer of the functions, personnel, assets, and 

obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, 

and for treatment of related references, see sections 

381, 551(d), 552(d), and 557 of Title 6, Domestic Security, 

and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as 

a note under section 542 of Title 6.] 

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents 

under control of Archivist pursuant to this section, see 

Ex. Ord. No. 12958, §3.6(b)(4), Apr. 17, 1995, 60 F.R. 19835, 

set out as a note under section 435 of Title 50, War and 

National Defense. 

§ 2108. Responsibility for custody, use, and withdrawal of records 

(a) The Archivist 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 exVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00077 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 2109 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 70 

1So in original. 

amination 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 Archivist and to the employees 

of the National Archives and Records Administration, respectively. Except as provided in subsection (b) of this section, when the head of a 

Federal agency states, in writing, restrictions 

that appear to him to be necessary or desirable 

in the public interest with respect to the use or 

examination of records being considered for 

transfer from his custody to the Archivist, the 

Archivist shall, if he concurs,,1 impose such restrictions on the records so transferred, and may 

not relax or remove such restrictions without 

the written concurrence of the head of the agency from which the material was transferred, or 

of his successor in function, if any. In the event 

that a Federal agency is terminated and there is 

no successor in function, the Archivist is authorized to relax, remove, or impose restrictions 

on such agency’s records when he determines 

that such action is in the public interest. Statutory and other restrictions referred to in this 

subsection shall remain in force until the 

records have been in existence for thirty years 

unless the Archivist by order, having consulted 

with the head of the transferring Federal agency 

or his successor in function, determines, with 

respect to specific bodies of records, that for 

reasons consistent with standards established in 

relevant statutory law, such 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 Archivist 

with the concurrence in writing of the head of 

the agency from which material was transferred 

or of his successor in function, if any. 

(b) With regard to the census and survey records of the Bureau of the Census containing data 

identifying individuals enumerated in population censuses, any release pursuant to this 

section of such identifying information contained in such records shall be made by the Archivist pursuant to the specifications and agreements set forth in the exchange of correspondence on or about the date of October 10, 1952, between the Director of the Bureau of the Census 

and the Archivist of the United States, together 

with all amendments thereto, now or hereafter 

entered into between the Director of the Bureau 

of the Census and the Archivist of the United 

States. Such amendments, if any, shall be published in the Register. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, §2104; 

Pub. L. 95–416, §1(b), Oct. 5, 1978, 92 Stat. 915; renumbered §2108 and amended Pub. L. 98–497, title 

I, §§102(a)(1), 107(a)(2), Oct. 19, 1984, 98 Stat. 2280, 

2285.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(b) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

REFERENCES IN TEXT

Section 3 of the National Archives Act, approved 

June 19, 1934, referred to in subsec. (a), was classified to 

section 300c of former Title 44, Public Printing and 

Documents, and was repealed by act June 30, 1949, ch. 

288, title VI, §602(a)(32), renumbered and added Sept. 5, 

1950, ch. 849, §7(d), 64 Stat. 590. 

PRIOR PROVISIONS

A prior section 2108 was renumbered section 2112 of 

this title. 

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–497, §107(a)(2), substituted ‘‘the Archivist and to the employees of the National Archives and Records Administration’’ for ‘‘the 

Administrator, the Archivist of the United States, and 

to the employees of the General Services Administration’’, struck out ‘‘and in consultation with the Archivist of the United States’’ before ‘‘impose such restrictions’’ in third sentence, struck out ‘‘the Archivist 

and’’ after ‘‘having consulted with’’ in fifth sentence, 

substituted ‘‘Archivist’’ for ‘‘Administrator of General 

Services’’ wherever appearing, and substituted ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. 

Subsec. (b). Pub. L. 98–497, §107(a)(2)(D), substituted 

‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

1978—Pub. L. 95–416 designated existing provisions as 

subsec. (a), inserted provisions permitting the Administrator to relax, remove, or impose restrictions in the 

public interest of records of agencies which have been 

terminated and requiring the Administrator with regard to duration of restrictions to consult with the Archivist and the head of the transferring Federal agency 

or his successor in function, and substituted ‘‘thirty 

years’’ for ‘‘fifty years’’, and added subsec. (b). 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2109. Preservation, arrangement, duplication, 

exhibition of records 

The Archivist 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 and Records Commission, publish such historical works and collections of sources as seem appropriate for 

printing or otherwise recording at the public expense. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, §2105; 

renumbered §2109 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(3), Oct. 19, 1984, 98 Stat. 

2280, 2285.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(c) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583; July 12, 1952, ch. 703, §1(o), 66 Stat. 

594). 

PRIOR PROVISIONS

A prior section 2109 was renumbered section 2113 of 

this title. 

Page 71 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2111 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(3), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ and inserted ‘‘and Records’’ after ‘‘National Historical Publications’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EX. ORD. NO. 11440. SUPPLEMENTAL USE OF EXHIBITS AND

DISPLAYS CREATED IN FURTHERANCE OF AUTHORIZED

PROGRAMS OF EXECUTIVE DEPARTMENTS AND AGENCIES

Ex. Ord. No. 11440, Dec. 11, 1968, 33 F.R. 18475, as 

amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 

34617, provided: 

WHEREAS the executive departments and agencies of 

the Government, in discharging their various responsibilities, create a large volume of materials (including 

books, correspondence, documents, papers, pamphlets, 

works of art, models, pictures, photographs, plats, 

maps, films, motion pictures, sound recordings, and 

other objects of historical or commemorative value) 

which from time to time are incorporated into or reproduced for use in exhibits or other types of visual displays needed for use in carrying out their programs; 

and 

WHEREAS under Chapter 21 of Title 44, United 

States Code, the Archivist of the United States is authorized to accept for deposit in the National Archives 

of the United States the records of any Federal agency 

or of the Congress of the United States that are determined by the Archivist to have sufficient historical or 

other value to warrant their continued preservation by 

the United States Government, as well as the papers 

and other historical materials of any official or former 

official of the Government, and to make provisions for 

the exhibition of materials transferred to him; and. 

WHEREAS many of the exhibits and displays so prepared, produced, or otherwise created by the executive 

departments and agencies possess historical significance which warrants their preservation and exhibition 

as part of the archival and cultural heritage of the 

United States: 

NOW, THEREFORE, by virtue of the authority vested 

in me, as President of the United States, it is hereby 

ordered as follows: 

SECTION 1. The heads of all executive departments 

and agencies are directed— 

(a) when initiating plans for the preparation, production, or other creation of exhibits and displays in furtherance of their program missions, to confer with the 

Archivist of the United States, or his designee, for the 

purpose of assuring that any such exhibits or displays 

which the Archivist finds appropriate for supplemental 

exhibition as part of the archival and cultural heritage 

of the United States are prepared, produced, or otherwise created in a manner which assures, to the maximum possible extent, their appropriateness, after they 

have served their primary program purpose, for such 

supplemental exhibition, and 

(b) to transfer to the Archivist, without reimbursement, such exhibits or displays as he determines are 

appropriate for such supplemental exhibition after they 

have served their primary program purpose, subject to 

such conditions requiring return to the department or 

agency of all or any of the materials incorporated in 

the exhibits or displays as may be mutually agreeable. 

SEC. 2. The Archivist of the United States is directed 

to— 

(a) provide advice, counsel, and assistance to the 

heads of executive departments and agencies in the 

preparation, production, or other creation of exhibits 

and displays which he finds will have future value for 

exhibition as part of the archival and cultural heritage 

of the United States; and 

(b) accept any such exhibit or display when it has 

served its primary program purpose and (1) arrange for 

its supplemental exhibition as appropriate, (2) preserve 

any such exhibit or display which possesses sufficient 

historical or other value to warrant continued preservation, or (3) dispose of any such exhibit or display 

when, in his judgment, the reasons for its continued 

preservation or exhibition cease to exist, all subject to 

the conditions agreed upon incident to transfer to the 

Archivist of the United States of the exhibit or display. 

§ 2110. Servicing records 

The Archivist 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, §2106; 

renumbered §2110 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(4), Oct. 19, 1984, 98 Stat. 

2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(d) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

PRIOR PROVISIONS

A prior section 2110 was renumbered section 2114 of 

this title. 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(4), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2111. Material accepted for deposit 

When the Archivist 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 former official of the Government, and other papers relating to and contemporary with a President 

or former President of the United States, subject to restrictions agreeable to the Archivist 

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. 

This section shall not apply in the case of any 

Presidential records which are subject to the 

provisions of chapter 22 of this title. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, §2107; 

Pub. L. 95–591, §2(b)(2), Nov. 4, 1978, 92 Stat. 2528; 

renumbered §2111 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(5), Oct. 19, 1984, 98 Stat. 

2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code 1964 ed., §397(e) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583; July 12, 1952, ch. 703, §1(p), 66 Stat. 

594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 

859, 69 Stat. 695). 

PRIOR PROVISIONS

A prior section 2111 was renumbered section 2115 of 

this title. 

§ 2111 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 72 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(5), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ in provisions preceding par. (1), and substituted ‘‘Archivist’’ for 

‘‘Administrator’’ in par. (1). 

1978—Pub. L. 95–591 inserted provision excluding Presidential records which are subject to provisions of 

chapter 22 of this title from application of this section. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–591 effective with respect 

to Presidential records created during a term of office 

of President beginning on or after Jan. 20, 1981, see section 3 of Pub. L. 95–591, set out as an Effective Date 

note under section 2201 of this title. 

PRESIDENTIAL RECORDINGS AND MATERIALS

PRESERVATION ACT

Pub. L. 93–526, title I, §§101–106, Dec. 19, 1974, 88 Stat. 

1695–1698, as amended by Pub. L. 98–497, title I, §107(c), 

Oct. 19, 1984, 98 Stat. 2291; Pub. L. 108–199, div. F, title 

V, §543(a), Jan. 23, 2004, 118 Stat. 346, provided: ‘‘That 

this Act [enacting this note, sections 3315 to 3324 of this 

title, and provisions set out as a note under section 3315 

of this title] may be cited as the ‘Presidential Recordings and Materials Preservation Act’. 

‘‘TITLE I—PRESERVATION OF PRESIDENTIAL RECORDINGS

AND MATERIALS

‘‘DELIVERY AND RETENTION OF CERTAIN PRESIDENTIAL

MATERIALS

‘‘SEC. 101. (a) Notwithstanding any other law or any 

agreement or understanding made pursuant to section 

2111 of title 44, United States Code any Federal employee in possession shall deliver, and the Archivist of 

the United States (hereinafter referred to as the ‘Archivist’) shall receive, obtain, or retain, complete possession and control of all original tape recordings of conversations which were recorded or caused to be recorded by any officer or employee of the Federal Government and which— 

‘‘(1) involve former President Richard M. Nixon or 

other individuals who, at the time of the conversation, were employed by the Federal Government; 

‘‘(2) were recorded in the White House or in the office of the President in the Executive Office Buildings 

located in Washington, District of Columbia; Camp 

David, Maryland; Key Biscayne, Florida; or San 

Clemente, California; and 

‘‘(3) were recorded during the period beginning January 20, 1969, and ending August 9, 1974. 

‘‘(b)(1) Notwithstanding any other law or any agreement or understanding made pursuant to section 2111 of 

title 44, United States Code, the Archivist shall receive, 

retain, or make reasonable efforts to obtain, complete 

possession and control of all papers, documents, memorandums, transcripts, and other objects and materials 

which constitute the Presidential historical materials 

of Richard M. Nixon, covering the period beginning 

January 20, 1969, and ending August 9, 1974. 

‘‘(2) For purposes of this subsection, the term ‘historical materials’ has the meaning given it by section 2101 

of title 44, United States Code. 

‘‘AVAILABILITY OF CERTAIN PRESIDENTIAL MATERIALS

‘‘SEC. 102. (a) None of the tape recordings or other 

materials referred to in section 101 shall be destroyed, 

except as hereafter may be provided by law. 

‘‘(b) Notwithstanding any other provision of this 

title, any other law, or any agreement or understanding made pursuant to section 2111 of title 44, 

United States Code, the tape recordings and other materials referred to in section 101 shall, immediately 

upon the date of enactment of this title, be made available, subject to any rights, defenses, or privileges 

which the Federal Government or any person may invoke, for use in any judicial proceeding or otherwise 

subject to court subpena or other legal process. Any request by the Office of Watergate Special Prosecution 

Force, whether by court subpena or other lawful process, for access to such recordings or materials shall at 

all times have priority over any other request for such 

recordings or materials. 

‘‘(c) Richard M. Nixon, or any person whom he may 

designate in writing, shall at all times have access to 

the tape recordings and other materials referred to in 

section 101 for any purpose which is consistent with the 

provisions of this title, subsequent and subject to the 

regulations which the Archivist shall issue pursuant to 

section 103. 

‘‘(d) Any agency or department in the executive 

branch of the Federal Government shall at all times 

have access to the tape recordings and other materials 

referred to in section 101 for lawful Government use, 

subject to the regulations which the Archivist shall 

issue pursuant to section 103. 

‘‘REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS

AND OTHER MATERIALS

‘‘SEC. 103. The Archivist shall issue at the earliest 

possible date such regulations as may be necessary to 

assure the protection of the tape recordings and other 

materials referred to in section 101 from loss or destruction, and to prevent access to such recordings and 

materials by unauthorized persons. The Archivist may 

transfer such recordings and materials to a Presidential archival depository in accordance with section 

2112 of title 44, United States Code. 

‘‘REGULATIONS RELATING TO PUBLIC ACCESS

‘‘SEC. 104. (a) The Archivist shall, within ninety days 

after the date of enactment of this title [Dec. 19, 1974], 

submit to each House of the Congress a report proposing and explaining regulations that would provide 

public access to the tape recordings and other materials referred to in section 101. Such regulations shall 

take into account the following factors: 

‘‘(1) the need to provide the public with the full 

truth, at the earliest reasonable date, of the abuses of 

governmental power popularly identified under the 

generic term ‘Watergate’; 

‘‘(2) the need to make such recordings and materials available for use in judicial proceedings; 

‘‘(3) the need to prevent general access, except in 

accordance with appropriate procedures established 

for use in judicial proceedings to information relating to the Nation’s security; 

‘‘(4) the need to protect every individual’s right to 

a fair and impartial trial; 

‘‘(5) the need to protect any party’s opportunity to 

assert any legally or constitutionally based right or 

privilege which would prevent or otherwise limit access to such recordings and materials; 

‘‘(6) the need to provide public access to those materials which have general historical significance, 

and which are not likely to be related to the need described in paragraph (1); and 

‘‘(7) the need to give to Richard M. Nixon, or his 

heirs, for his sole custody and use, tape recordings 

and other materials which are not likely to be related 

to the need described in paragraph (1) and are not 

otherwise of general historical significance. 

‘‘(b) The regulations proposed by the Archivist in the 

report required by subsection (a) shall not take effect 

until the expiration of the first period of 60 calendar 

days of continuous session of the Congress after the 

date of the submission of such regulations to each 

House of the Congress. For the purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die, but the days on which 

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Page 73 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2112 

ment of more than three days to a day certain are excluded. 

‘‘(c) The provisions of this title shall not apply, on 

and after the date upon which regulations proposed by 

the Administrator take effect under subsection (b), to 

any tape recordings or other materials given to Richard M. Nixon, or his heirs, pursuant to subsection 

(a)(7). 

‘‘(d) The provisions of this title shall not in any way 

affect the rights, limitations or exemptions applicable 

under the Freedom of Information Act, 5 U.S.C. §552 et 

seq. 

‘‘JUDICIAL REVIEW

‘‘SEC. 105. (a) The United States District Court for the 

District of Columbia shall have exclusive jurisdiction 

to hear challenges to the legal or constitutional validity of this title or of any regulation issued under the 

authority granted by this title, and any action or proceeding involving the question of title, ownership, custody, possession, or control of any tape recording or 

material referred to in section 101 or involving payment of any just compensation which may be due in 

connection therewith. Any such challenge shall be 

treated by the court as a matter requiring immediate 

consideration and resolution, and such challenge shall 

have priority on the docket of such court over other 

cases. 

‘‘(b) If, under the procedures established by subsection (a), a judicial decision is rendered that a particular provision of this title, or a particular regulation 

issued under the authority granted by this title, is unconstitutional or otherwise invalid, such decision shall 

not affect in any way the validity or enforcement of 

any other provision of this title or any regulation 

issued under the authority granted by this title. 

‘‘(c) If a final decision of such court holds that any 

provision of this title has deprived an individual of private property without just compensation, then there 

shall be paid out of the general fund of the Treasury of 

the United States such amount or amounts as may be 

adjudged just by that Court. 

‘‘AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 106. There is authorized to be appropriated such 

sums as may be necessary to carry out the provisions 

of this title.’’ 

[Pub. L. 108–199, div. F, title V, §543(b), Jan. 23, 2004, 

118 Stat. 346, provided that: ‘‘Nothing in section 103 of 

the Presidential Recordings and Materials Preservation 

Act (Public Law 93–526; 44 U.S.C. 2111 note), as amended 

by subsection (a), may be construed as affecting public 

access to the recordings and materials referred to in 

that section as provided in regulations promulgated 

pursuant to section 104 of such Act.]’’ 

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents 

under control of Archivist pursuant to this section or 

provisions set out as a note under this section, see Ex. 

Ord. No. 12958, §3.6(b)(4), Apr. 17, 1995, 60 F.R. 19835, set 

out as a note under section 435 of Title 50, War and National Defense. 

§ 2112. Presidential archival depository 

(a)(1) When the Archivist considers it to be in 

the public interest, the Archivist may— 

(A)(i) accept, for and in the name of the 

United States, land, a facility, and equipment 

offered as a gift to the United States for the 

purpose of creating a Presidential archival depository; 

(ii) take title to the land, facility, and equipment on behalf of the United States; and 

(iii) maintain, operate, and protect the land, 

facility, and equipment as a Presidential archival depository and as part of the national 

archives system; 

(B)(i) make agreements, upon terms and conditions the Archivist considers proper, with a 

State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, a facility, 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 

(ii) maintain, operate, and protect the depository as a part of the national archives system; and 

(C) accept, for and in the name of the United 

States, gifts offered for the purpose of making 

any physical or material change or addition to 

a Presidential archival depository. 

(2) The Archivist shall promulgate architectural and design standards applicable to Presidential archival depositories in order to ensure 

that such depositories (A) preserve Presidential 

records subject to chapter 22 of this title and papers and other historical materials accepted for 

deposit under section 2111 of this title and (B) 

contain adequate research facilities. 

(3) Prior to accepting and taking title to any 

land, facility, or equipment under subparagraph 

(A) of paragraph (1), or prior to entering into 

any agreement under subparagraph (B) of such 

paragraph or any other agreement to accept or 

establish a Presidential archival depository, the 

Archivist shall submit a written report on the 

proposed Presidential archival depository to the 

President of the Senate and the Speaker of the 

House of Representatives. The report shall include— 

(A) a description of the land, facility, and 

equipment offered as a gift or to be made 

available without transfer of title; 

(B) a statement specifying the estimated 

total cost of the proposed depository and the 

amount of the endowment for the depository 

required pursuant to subsection (g) of this section; 

(C) a statement of the terms of the proposed 

agreement, if any; 

(D) a general description of the types of papers, documents, or other historical materials 

proposed to be deposited in the depository to 

be created, and of the terms of the proposed 

deposit; 

(E) a statement of any additional improvements and equipment associated with the development and operation of the depository, an 

estimate of the costs of such improvements 

and equipment, and a statement as to the extent to which such costs will be incurred by 

any Federal or State government agency; 

(F) an estimate of the total annual cost to 

the United States of maintaining, operating, 

and protecting the depository; and 

(G) a certification that such facility and 

equipment (whether offered as a gift or made 

available without transfer of title) comply 

with standards promulgated by the Archivist 

pursuant to paragraph (2) of this subsection. 

(4) Prior to accepting any gift under subparagraph (C) of paragraph (1) for the purpose of 

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§ 2112 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 74 

tion to a Presidential archival depository, or 

prior to implementing any provision of law requiring the making of such a change or addition, 

the Archivist shall submit a report in writing on 

the proposed change or addition to the President 

of the Senate and the Speaker of the House of 

Representatives. The report shall include— 

(A) a description of such gift; 

(B) a statement specifying the estimated 

total cost of the proposed physical or material 

change or addition and the amount of the deposit in an endowment for the depository required pursuant to subsection (g) of this section in order to meet the cost of such change 

or addition; 

(C) a statement of the purpose of the proposed change or addition and a general description of any papers, documents, or historical materials proposed to be deposited in the 

depository as a result of such change or addition; 

(D) a statement of any additional improvements or equipment for the depository associated with such change or addition; 

(E) an estimate of the increase in the total 

annual cost to the United States of maintaining, operating, and protecting the depository 

that will result from such change or addition; 

and 

(F) a certification that the depository, and 

the equipment therein will, after such change 

or addition, comply with the standards promulgated by the Archivist pursuant to paragraph (2) of this subsection. 

(5) The Archivist may not— 

(A) accept or take title to land, a facility, or 

equipment under subparagraph (A) of paragraph (1) for the purpose of creating a Presidential archival depository; 

(B) enter into any agreement under subparagraph (B) of such paragraph or any other 

agreement to accept or establish a Presidential archival depository; or 

(C) accept any gift under subparagraph (C) of 

such paragraph for the purpose of making any 

physical or material change to a Presidential 

archival depository, 

until the expiration of a period of 60 days of continuous session of Congress beginning on the 

date on which the Archivist transmits the report required under paragraph (3) of this subsection with respect to such Presidential archival depository or the report required under paragraph (4) of this subsection with respect to such 

change or addition, as the case may be. 

(b) When the Archivist 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 2111 of this title, or Federal records appropriate for preservation. 

(c) When the Archivist 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 Archivist, 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, 

documents, or other historical materials accepted and deposited under section 2111 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 Archivist 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. 

Only the first two sentences of this subsection 

shall apply to Presidential records as defined in 

section 2201(2) of this title. 

(d) When the Archivist 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 qualified individual to further or to conduct 

study or research in historical materials deposited in a Presidential archival depository. 

(e) When the Archivist 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, or for 

the occasional, non-official use of rooms and 

spaces (and services related to such use), in a 

Presidential archival depository. 

(f) When the Archivist 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)(1) When the Archivist considers it to be in 

the public interest, the Archivist may solicit 

and 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 an account in the National Archives 

Trust Fund and shall be held, administered, and 

expended for the benefit and in the interest of 

the Presidential archival depository in connection with which they were received, and for the 

same purposes and objects, including custodial 

and administrative services for which appropriations for the maintenance, operation, protection, or improvement of Presidential archival 

depositories might be expended. 

(2) The Archivist shall provide for the establishment in such Trust Fund of separate endowments for the maintenance of the land, facility, 

and equipment of each Presidential archival depository, to which shall be credited any gifts or 

bequests received under paragraph (1) that are 

offered for that purpose. Income to each such 

endowment shall be available to cover the cost 

of facility operations, but shall not be available 

Page 75 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2112 

for the performance of archival functions under 

this title. 

(3) The Archivist shall not accept or take title 

to any land, facility, or equipment under subparagraph (A) of subsection (a)(1), or enter into 

any agreement to use any land, facility, or 

equipment under subparagraph (B) of such subsection for the purpose of creating a Presidential archival depository, unless the Archivist 

determines that there is available, by gift or bequest for deposit under paragraph (2) of this subsection in an endowment with respect to such 

depository, an amount for the purpose of maintaining such land, facility, and equipment equal 

to— 

(A) the product of— 

(i) the total cost of acquiring or constructing such facility and of acquiring and 

installing such equipment, multiplied by 

(ii) 20 percent; plus 

(B)(i) if title to the land is to be vested in 

the United States, the product of— 

(I) the total cost of acquiring the land 

upon which such facility is located, or such 

other measure of the value of such land as is 

mutually agreed upon by the Archivist and 

the donor, multiplied by 

(II) 20 percent; or 

(ii) if title to the land is not to be vested in 

the United States, the product of— 

(I) the total cost to the donor of any improvements to the land upon which such facility is located (other than such facility 

and equipment), multiplied by 

(II) 20 percent; plus 

(C) if the Presidential archival depository 

will exceed 70,000 square feet in area, an 

amount equal to the product of— 

(i) the sum of— 

(I) the total cost described in clause (i) 

of subparagraph (A); plus 

(II) the total cost described in subclause 

(I) or (II) of subparagraph (B)(i), as the 

case may be, multiplied by 

(ii) the percentage obtained by dividing 

the number of square feet by which such depository will exceed 70,000 square feet by 

70,000. 

(4) If a proposed physical or material change 

or addition to a Presidential archival depository 

would result in an increase in the costs of facility operations, the Archivist may not accept 

any gift under subparagraph (C) of paragraph (1) 

for the purpose of making such a change or addition, or may not implement any provision of law 

requiring the making of such a change or addition, unless the Archivist determines that there 

is available, by gift or bequest for deposit under 

paragraph (2) of this subsection in an endowment with respect to such depository, an 

amount for the purpose of maintaining the land, 

facility, and equipment of such depository equal 

to the difference between— 

(A) the amount which, pursuant to paragraph (3) of this subsection, would have been 

required to have been available for deposit in 

such endowment with respect to such depository if such change or addition had been included in such depository on— 

(i) the date on which the Archivist took 

title to the land, facility, and equipment for 

such depository under subparagraph (A) of 

subsection (a)(1); or 

(ii) the date on which the Archivist entered into an agreement for the creation of 

such depository under subparagraph (B) of 

such paragraph, 

as the case may be; minus 

(B) the amount which, pursuant to paragraph (3) of this subsection, was required to be 

available for deposit in such endowment with 

respect to such depository on the date the Archivist took such title or entered into such 

agreement, as the case may be. 

(5)(A) Notwithstanding paragraphs (3) and (4) 

(to the extent that such paragraphs are inconsistent with this paragraph), this subsection 

shall be administered in accordance with this 

paragraph with respect to any Presidential archival depository created as a depository for the 

papers, documents, and other historical materials and Presidential records pertaining to any 

President who takes the oath of office as President for the first time on or after July 1, 2002. 

(B) For purposes of subparagraphs (A)(ii), 

(B)(i)(II), and (B)(ii)(II) of paragraph (3) the percentage of 40 percent shall apply instead of 20 

percent. 

(C)(i) In this subparagraph, the term ‘‘base endowment amount’’ means the amount of the endowment required under paragraph (3). 

(ii)(I) The Archivist may give credits against 

the base endowment amount if the Archivist determines that the proposed Presidential archival 

depository will have construction features or 

equipment that are expected to result in quantifiable long-term savings to the Government 

with respect to the cost of facility operations. 

(II) The features and equipment described 

under subclause (I) shall comply with the standards promulgated by the Archivist under subsection (a)(2). 

(III) The Archivist shall promulgate standards 

to be used in calculating the dollar amount of 

any credit to be given, and shall consult with all 

donors of the endowment before giving any credits. The total dollar amount of credits given 

under this paragraph may not exceed 20 percent 

of the base endowment amount. 

(D)(i) In calculating the additional endowment 

amount required under paragraph (4), the Archivist shall take into account credits given under 

subparagraph (C), and may also give credits 

against the additional endowment amount required under paragraph (4), if the Archivist determines that construction features or equipment used in making or equipping the physical 

or material change or addition are expected to 

result in quantifiable long-term savings to the 

Government with respect to the cost of facility 

operations. 

(ii) The features and equipment described 

under clause (i) shall comply with the standards 

promulgated by the Archivist under subsection 

(a)(2). 

(iii) The Archivist shall promulgate standards 

to be used in calculating the dollar amount of 

any credit to be given, and shall consult with all 

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§ 2113 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 76 

its. The total dollar amount of credits given 

under this paragraph may not exceed 20 percent 

of the additional endowment amount required 

under paragraph (4). 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1289, §2108; 

Pub. L. 94–575, §4(a), Oct. 21, 1976, 90 Stat. 2727; 

Pub. L. 95–591, §2(b)(3), Nov. 4, 1978, 92 Stat. 2528; 

renumbered §2112 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat. 

2280, 2286; Pub. L. 99–323, §3, May 27, 1986, 100 

Stat. 495; Pub. L. 108–7, div. J, title V, §513, Feb. 

20, 2003, 117 Stat. 462; Pub. L. 108–383, §4(a), Oct. 

30, 2004, 118 Stat. 2218.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(f) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, 

§1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; 

Aug. 12, 1955, ch. 859, 69 Stat. 695). 

PRIOR PROVISIONS

A prior section 2112 was renumbered section 2116 of 

this title. 

AMENDMENTS

2004—Subsec. (e). Pub. L. 108–383 substituted ‘‘space, 

or for the occasional, non-official use of rooms and 

spaces (and services related to such use),’’ for ‘‘space’’. 

2003—Subsec. (g)(5). Pub. L. 108–7 added par. (5). 

1986—Subsec. (a). Pub. L. 99–323, §3(a), amended subsec. (a) generally, revising and restating as pars. (1) to 

(5) provisions of former undesignated pars. containing 

similar subject matter. 

Subsec. (g). Pub. L. 99–323, §3(b), amended subsec. (g) 

generally. Prior to amendment, subsec. (g) read as follows: ‘‘When the Archivist 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 Archivist determines.’’ 

1984—Subsec. (a). Pub. L. 98–497, §107(a)(6), substituted ‘‘Archivist’’ for ‘‘Administrator of General 

Services’’ and ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. 

Subsecs. (b), (c). Pub. L. 98–497, §107(a)(6), substituted 

‘‘Archivist’’ for ‘‘Administrator’’ and ‘‘section 2111’’ for 

‘‘section 2107’’ wherever appearing. 

Subsecs. (d) to (g). Pub. L. 98–497, §107(a)(6), substituted ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. 

1978—Subsec. (c). Pub. L. 95–591 limited application of 

subsec. (c) when dealing with Presidential records. 

1976—Subsecs. (b), (c). Pub. L. 94–575 substituted reference to section ‘‘2107’’ for ‘‘3106’’. 

EFFECTIVE DATE OF 1986 AMENDMENT

Section 4 of Pub. L. 99–323 provided that: ‘‘Paragraphs 

(3) and (4) of section 2112(g) of title 44, United States 

Code (as added by the amendment made by section 3(b) 

of this Act) shall apply with respect to any Presidential 

archival depository created as a depository for the papers, documents, and other historical materials and 

Federal records pertaining to any President who takes 

the oath of office as President for the first time on or 

after January 20, 1985.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–591 effective with respect 

to Presidential records created during a term of office 

of President beginning on or after Jan. 20, 1981, see section 3 of Pub. L. 95–591, set out as an Effective Date 

note under section 2201 of this title. 

JOHN FITZGERALD KENNEDY LIBRARY

Pub. L. 89–547, Aug. 27, 1966, 80 Stat. 370, provided: 

‘‘That the Administrator of General Services is hereby 

authorized to accept title to the structure or structures 

to be erected and equipped at Cambridge, Massachusetts, by the John Fitzgerald Kennedy Library, Incorporated, to be transferred to the United States Government, without reimbursement, for use as a Presidential 

archival depository to be known as the John Fitzgerald 

Kennedy Library, and to maintain, operate, and protect 

such depository as a part of the National Archives system. The Administrator may enter into such agreements with the officers of the John Fitzgerald Kennedy 

Library, Incorporated, as are necessary to complete the 

transfer of title to the United States and may do so 

without regard to the provision of section 507(f)(1) of 

the Federal Property and Administrative Services Act 

of 1949, as amended (44 U.S.C. [former] 397(f)(1) [now 

subsec. (a) of this section], that the Administrator 

shall not enter into any such agreement until the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on 

which a report in writing of any such proposed Presidential archival depository is transmitted by the Administrator to the President of the Senate and the 

Speaker of the House of Representatives.’’ 

[For transfer of certain functions of the Administrator of General Services under Pub. L. 89–547 to the 

Archivist of the United States, see section 103(b)(2) of 

Pub. L. 98–497, set out as a Transfer of Functions note 

under section 2102 of this title.] 

LYNDON BAINES JOHNSON PRESIDENTIAL ARCHIVAL

DEPOSITORY

Pub. L. 89–169, Sept. 6, 1965, 79 Stat. 648, provided: 

‘‘That the Administrator of General Services is hereby 

authorized to enter into an agreement upon such terms 

and conditions as he determines proper with the University of Texas to utilize as the Lyndon Baines Johnson Archival Depository, land, buildings, and equipment of such university to be made available by it 

without transfer of title to the United States, and to 

maintain, operate and protect such depository as a part 

of the National Archives system. Such agreement may 

be entered into without regard to the provisions of section 507(f)(1) of the Federal Property and Administrative Services Act of 1949, as amended (44 U.S.C. [former] 

397(f)(1)) [now subsec. (a) of this section], that the Administrator shall not enter into any such agreement 

until the expiration of the first period of sixty calendar 

days of continuous session of the Congress following 

the date on which a report in writing of any such proposed Presidential archival depository is transmitted 

by the Administrator to the President of the Senate 

and the Speaker of the House of Representatives.’’ 

[For transfer of certain functions of the Administrator of General Services under Pub. L. 89–169 to the 

Archivist of the United States, see section 103(b)(2) of 

Pub. L. 98–497, set out as a Transfer of Functions note 

under section 2102 of this title.] 

§ 2113. Depository for agreements between States 

The Archivist 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 

Page 77 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2116 

Union, and take necessary actions for their preservation and servicing. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, §2109; 

renumbered §2113 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 

2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(h) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583, and amended July 12, 1952, ch. 703, 

§1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; 

Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, 

§4, 70 Stat. 494; June 13, 1957, Pub. L. 85–51, 71 Stat. 69; 

Mar. 15, 1958, Pub. L. 85–341, §1(1), 72 Stat. 34). 

PRIOR PROVISIONS

A prior section 2113 was renumbered section 2117 of 

this title. 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(7), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2114. Preservation of motion-picture films, still 

pictures, and sound recordings 

The Archivist may make and preserve motionpicture 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, §2110; 

renumbered §2114 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 

2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §397(i) (June 30, 1949, 

ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, 

§1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; 

Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, 

§4, 70 Stat. 494; June 13, 1957, Pub. L. 85–51, 71 Stat. 69; 

Mar. 15, 1958, Pub. L. 85–341, §1(1), 72 Stat. 34). 

PRIOR PROVISIONS

A prior section 2114 was renumbered section 2118 of 

this title. 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(7), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2115. Reports; correction of violations 

(a) In carrying out their respective duties and 

responsibilities under chapters 21, 25, 29, 31, and 

33 of this title, the Archivist and the Administrator may each obtain reports from any Federal agency on such agency’s activities under 

such chapters. 

(b) When either the Archivist or the Administrator finds that a provision of any such chapter 

has been or is being violated, the Archivist or 

the Administrator shall (1) inform in writing the 

head of the agency concerned of the violation 

and make recommendations for its correction; 

and (2) unless satisfactory corrective measures 

are inaugurated within a reasonable time, submit a written report of the matter to the President and the Congress. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, §2111; 

Pub. L. 94–575, §4(b), Oct. 21, 1976, 90 Stat. 2727; 

renumbered §2115 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(8), Oct. 19, 1984, 98 Stat. 

2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §398 (June 30, 1949, ch. 

288, title V, §508, as added Sept. 5, 1950, ch. 849, §6(d), 64 

Stat. 583). 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(8), amended section generally, inserting reference to Archivist and striking out 

reference to chapter 27 of this title. 

1976—Subsec. (b). Pub. L. 94–575 inserted reference to 

chapter 33 of this title. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2116. 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 Archivist 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, 31, and 33 of 

this title, shall have the same legal status 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 Archivist, the copy or reproduction shall be admitted in evidence equally with the original from 

which it was made. 

(c) The Archivist may charge a fee set to recover the costs for making or authenticating 

copies or reproductions of materials transferred 

to his custody. Such fee shall be fixed by the Archivist at a level which will recover, so far as 

practicable, all elements of such costs, and may, 

in the Archivist’s discretion, include increments 

for the estimated replacement cost of equipment. Such fees shall be paid into, administered, 

and expended as a part of the National Archives 

Trust Fund. The Archivist may not charge for 

making or authenticating copies or reproductions of materials for official use by the United 

§ 2117 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 78 

States Government unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, §2112; 

Pub. L. 94–575, §4(b), Oct. 21, 1976, 90 Stat. 2727; 

renumbered §2116 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(9), title II, §201, Oct. 19, 

1984, 98 Stat. 2280, 2286, 2292.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §399 (June 30, 1949, ch. 

288, title V, §509, as added Sept. 5, 1950, ch. 849, §6(d), 64 

Stat. 583). 

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–497, §107(a)(9)(A), substituted ‘‘Archivist’’ for ‘‘Administrator of General 

Services’’. 

Subsec. (b). Pub. L. 98–497, §107(a)(9)(B), substituted 

‘‘Archivist’’ for ‘‘Administrator’’. 

Subsec. (c). Pub. L. 98–497, §201, substituted provisions transferring functions from Administrator of 

General Services to Archivist of the United States, further substituted provisions relating to permissible fee 

charges for former provisions which set a fee not in excess of 10 percent above costs and expenses for making 

copies, inserted ‘‘unless appropriations available to the 

Archivist for this purpose are insufficient to cover the 

cost of performing the work’’, and struck out provision 

that reimbursement may be accepted to cover cost of 

furnishing copies or reproductions that could not otherwise be furnished. 

1976—Subsec. (a). Pub. L. 94–575 inserted reference to 

chapter 33 of this title. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2117. Limitation on liability 

When letters and other intellectual productions (exclusive of patented material, published 

works under copyright protection, and unpublished works for which copyright registration 

has been made) come into the custody or possession of the Archivist, the United States or its 

agents are not liable for infringement of copyright or analogous rights arising out of use of 

the materials for display, inspection, research, 

reproduction, or other purposes. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, §2113; 

Pub. L. 94–553, §105(b), Oct. 19, 1976, 90 Stat. 2599; 

renumbered §2117 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 

2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §400 (June 30, 1949, ch. 

288, title V, §510, as added Sept. 5, 1950, ch. 849, §6(d), 64 

Stat. 583). 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(7), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

1976—Pub. L. 94–553 substituted ‘‘productions (exclusive of patented material, published works under copyright protection, and unpublished works for which 

copyright registration has been made) come into the 

custody or possession of the Administrator of General 

Services, the United States or its agents are not liable 

for infringement of copyright or analogous rights’’ for 

‘‘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’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94–553 effective Jan. 1, 1978, 

see section 102 of Pub. L. 94–553, set out as an Effective 

Date note preceding section 101 of Title 17, Copyrights. 

§ 2118. Records of Congress 

The Secretary of the Senate and the Clerk of 

the House of Representatives, 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 National Archives and Records Administration for preservation, subject to the orders of 

the Senate or the House of Representatives, respectively. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, §2114; 

renumbered §2118 and amended Pub. L. 98–497, 

title I, §§102(a)(1), 107(a)(10), Oct. 19, 1984, 98 

Stat. 2280, 2286.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §402 (Aug. 2, 1946, ch. 

753, title I, §140, 60 Stat. 833). 

AMENDMENTS

1984—Pub. L. 98–497, §107(a)(10)), substituted ‘‘National Archives and Records Administration’’ for ‘‘General Services Administration’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2119. Cooperative agreements 

(a) AUTHORITY.—The Archivist may enter into 

cooperative agreements pursuant to section 6305 

of title 31 that involve the transfer of funds from 

the National Archives and Records Administration to State and local governments, other public entities, educational institutions, or private 

nonprofit organizations (including foundations 

or institutes organized to support the National 

Archives and Records Administration or the 

Presidential archival depositories operated by 

it) for the public purpose of carrying out programs of the National Archives and Records Administration. 

(b) LIMITATIONS.—Not more than $25,000 may 

be transferred under a cooperative agreement 

entered into as authorized by subsection (a). Not 

more than a total of $75,000 may be transferred 

under such agreements in any fiscal year. 

(c) REPORT.—Not later than December 31st of 

each year, the Archivist shall submit to the 

Committee on Government Reform of the House 

of Representatives and the Committee on Governmental Affairs of the Senate a report on the 

provisions, amount, and duration of each cooperative agreement entered into as authorized by 

subsection (a) during the preceding fiscal year. 

(Added Pub. L. 108–383, §5(a), Oct. 30, 2004, 118 

Stat. 2219.) 

Page 79 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2203 

1So in original. Does not conform to section catchline. 

1See References in Text note below. 

2So in original. Probably should be ‘‘thereof,’’. 

CHANGE OF NAME

Committee on Government Reform of House of Representatives changed to Committee on Oversight and 

Government Reform of House of Representatives by 

House Resolution No. 6, One Hundred Tenth Congress, 

Jan. 5, 2007. 

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

CHAPTER 22—PRESIDENTIAL RECORDS 

Sec. 

2201. Definitions. 

2202. Ownership of Presidential records. 

2203. Management and custody of Presidential records. 

2204. Restrictions on access to Presidential records. 

2205. Exceptions to restriction on access.1

2206. Regulations. 

2207. Vice-Presidential records. 

§ 2201. Definitions 

As used in this chapter— 

(1) The term ‘‘documentary material’’ means 

all books, correspondence, memorandums, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, 

and motion pictures, including, but not limited to, audio, audiovisual, or other electronic 

or mechanical recordations. 

(2) The term ‘‘Presidential records’’ means 

documentary materials, or any reasonably 

segregable portion thereof, created or received 

by the President, his immediate staff, or a 

unit or individual of the Executive Office of 

the President whose function is to advise and 

assist the President, in the course of conducting activities which relate to or have an 

effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term— 

(A) includes any documentary materials 

relating to the political activities of the 

President or members of his staff, but only if 

such activities relate to or have a direct effect upon the carrying out of constitutional, 

statutory, or other official or ceremonial duties of the President; but 

(B) does not include any documentary materials that are (i) official records of an 

agency (as defined in section 552(e) 1 of title 

5, United States Code); (ii) personal records; 

(iii) stocks of publications and stationery; or 

(iv) extra copies of documents produced only 

for convenience of reference, when such copies are clearly so identified. 

(3) The term ‘‘personal records’’ means all 

documentary materials, or any reasonably 

segregable portion therof,2 of a purely private 

or nonpublic character which do not relate to 

or have an effect upon the carrying out of the 

constitutional, statutory, or other official or 

ceremonial duties of the President. Such term 

includes— 

(A) diaries, journals, or other personal 

notes serving as the functional equivalent of 

a diary or journal which are not prepared or 

utilized for, or circulated or communicated 

in the course of, transacting Government 

business; 

(B) materials relating to private political 

associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and 

(C) materials relating exclusively to the 

President’s own election to the office of the 

Presidency; and materials directly relating 

to the election of a particular individual or 

individuals to Federal, State, or local office, 

which have no relation to or direct effect 

upon the carrying out of constitutional, 

statutory, or other official or ceremonial duties of the President. 

(4) The term ‘‘Archivist’’ means the Archivist of the United States. 

(5) The term ‘‘former President’’, when used 

with respect to Presidential records, means 

the former President during whose term or 

terms of office such Presidential records were 

created. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2523.) 

REFERENCES IN TEXT

Section 552(e) of title 5, referred to in par. (2)(B)(i), 

was redesignated section 552(f) of title 5 by section 

1802(b) of Pub. L. 99–570. 

EFFECTIVE DATE

Section 3 of Pub. L. 95–591 provided that: ‘‘The 

amendments made by this Act [enacting this chapter, 

amending sections 2111 and 2112 of this title, and enacting provisions set out as notes under this section] shall 

be effective with respect to any Presidential records (as 

defined in section 2201(2) of title 44, as amended by section 2 of this Act) created during a term of office of the 

President beginning on or after January 20, 1981.’’ 

SHORT TITLE OF 1978 AMENDMENT

For short title of Pub. L. 95–591, which enacted this 

chapter, as the ‘‘Presidential Records Act of 1978’’, see 

section 1 of Pub. L. 95–591, set out as a note under section 101 of this title. 

SEPARABILITY

Section 4 of Pub. L. 95–591 provided that: ‘‘If any provision of this Act [enacting this chapter, amending sections 2107 and 2108 of this title and enacting provisions 

set out as notes under this section] is held invalid for 

any reason by any court, the validity and legal effect 

of the remaining provisions shall not be affected thereby.’’ 

§ 2202. Ownership of Presidential records 

The United States shall reserve and retain 

complete ownership, possession, and control of 

Presidential records; and such records shall be 

administered in accordance with the provisions 

of this chapter. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2524.) 

§ 2203. Management and custody of Presidential 

records 

(a) Through the implementation of records 

management controls and other necessary acVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00087 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 2204 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 80 

tions, the President shall take all such steps as 

may be necessary to assure that the activities, 

deliberations, decisions, and policies that reflect 

the performance of his constitutional, statutory, or other official or ceremonial duties are 

adequately documented and that such records 

are maintained as Presidential records pursuant 

to the requirements of this section and other 

provisions of law. 

(b) Documentary materials produced or received by the President, his staff, or units or individuals in the Executive Office of the President the function of which is to advise and assist 

the President, shall, to the extent practicable, 

be categorized as Presidential records or personal records upon their creation or receipt and 

be filed separately. 

(c) During his term of office, the President 

may dispose of those of his Presidential records 

that no longer have administrative, historical, 

informational, or evidentiary value if— 

(1) the President obtains the views, in writing, of the Archivist concerning the proposed 

disposal of such Presidential records; and 

(2) the Archivist states that he does not intend to take any action under subsection (e) of 

this section. 

(d) In the event the Archivist notifies the 

President under subsection (c) that he does intend to take action under subsection (e), the 

President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous 

session of Congress in advance of the proposed 

disposal date. For the purpose of this section, 

continuity of session is broken only by an adjournment of Congress sine die, and 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 in the computation of 

the days in which Congress is in continuous session. 

(e) The Archivist shall request the advice of 

the Committee on Rules and Administration and 

the Committee on Governmental Affairs of the 

Senate and the Committee on House Oversight 

and the Committee on Government Operations 

of the House of Representatives with respect to 

any proposed disposal of Presidential records 

whenever he considers that— 

(1) these particular records may be of special 

interest to the Congress; or 

(2) consultation with the Congress regarding 

the disposal of these particular records is in 

the public interest. 

(f)(1) Upon the conclusion of a President’s 

term of office, or if a President serves consecutive terms upon the conclusion of the last term, 

the Archivist of the United States shall assume 

responsibility for the custody, control, and preservation of, and access to, the Presidential 

records of that President. The Archivist shall 

have an affirmative duty to make such records 

available to the public as rapidly and completely as possible consistent with the provisions of this Act. 

(2) The Archivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the 

United States. The Archivist is authorized to 

designate, after consultation with the former 

President, a director at each depository or facility, who shall be responsible for the care and 

preservation of such records. 

(3) The Archivist is authorized to dispose of 

such Presidential records which he has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in 

advance of the proposed disposal date. Publication of such notice shall constitute a final agency action for purposes of review under chapter 7 

of title 5, United States Code. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2524; amended Pub. L. 104–186, title II, §223(9), 

Aug. 20, 1996, 110 Stat. 1752.) 

REFERENCES IN TEXT

This Act, referred to in subsec. (f)(1), probably means 

Pub. L. 95–591, Nov. 4, 1978, 92 Stat. 2523, known as the 

Presidential Records Act of 1978, which enacted this 

chapter, amended sections 2107 and 2108 of this title, 

and enacted provisions set out as notes under section 

2201 of this title. For complete classification of this Act 

to the Code, see Short Title of 1978 Amendment note 

set out under section 101 of this title and Tables. 

AMENDMENTS

1996—Subsec. (e). Pub. L. 104–186 substituted ‘‘House 

Oversight’’ for ‘‘House Administration’’. 

CHANGE OF NAME

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

Committee on Government Operations of House of 

Representatives treated as referring to Committee on 

Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as 

a note preceding section 21 of Title 2, The Congress. 

Committee on Government Reform and Oversight of 

House of Representatives changed to Committee on 

Government Reform of House of Representatives by 

House Resolution No. 5, One Hundred Sixth Congress, 

Jan. 6, 1999. Committee on Government Reform of 

House of Representatives changed to Committee on 

Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred 

Tenth Congress, Jan. 5, 2007. 

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents 

under control of Archivist pursuant to this section, see 

Ex. Ord. No. 12958, §3.6(b)(4), Apr. 17, 1995, 60 F.R. 19835, 

set out as a note under section 435 of Title 50, War and 

National Defense. 

§ 2204. Restrictions on access to Presidential 

records 

(a) Prior to the conclusion of his term of office 

or last consecutive term of office, as the case 

may be, the President shall specify durations, 

not to exceed 12 years, for which access shall be 

restricted with respect to information, in a 

Presidential record, within one or more of the 

following categories: 

Page 81 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2204 

(1)(A) specifically authorized under criteria 

established by an Executive order to be kept 

secret in the interest of national defense or 

foreign policy and (B) in fact properly classified pursuant to such Executive order; 

(2) relating to appointments to Federal office; 

(3) specifically exempted from disclosure by 

statute (other than sections 552 and 552b of 

title 5, United States Code), provided that 

such statute (A) requires that the material be 

withheld from the public in such a manner as 

to leave no discretion on the issue, or (B) establishes particular criteria for withholding or 

refers to particular types of material to be 

withheld; 

(4) trade secrets and commercial or financial 

information obtained from a person and privileged or confidential; 

(5) confidential communications requesting 

or submitting advice, between the President 

and his advisers, or between such advisers; or 

(6) personnel and medical files and similar 

files the disclosure of which would constitute 

a clearly unwarranted invasion of personal 

privacy. 

(b)(1) Any Presidential record or reasonably 

segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated 

by the Archivist and access thereto shall be restricted until the earlier of— 

(A)(i) the date on which the former President waives the restriction on disclosure of 

such record, or 

(ii) the expiration of the duration specified 

under subsection (a) for the category of information on the basis of which access to such 

record has been restricted; or 

(B) upon a determination by the Archivist 

that such record or reasonably segregable portion thereof, or of any significant element or 

aspect of the information contained in such 

record or reasonably segregable portion thereof, has been placed in the public domain 

through publication by the former President, 

or his agents. 

(2) Any such record which does not contain information within a category restricted by the 

President under subsection (a), or contains information within such a category for which the 

duration of restricted access has expired, shall 

be exempt from the provisions of subsection (c) 

until the earlier of— 

(A) the date which is 5 years after the date 

on which the Archivist obtains custody of such 

record pursuant to section 2203(d)(1); or 

(B) the date on which the Archivist completes the processing and organization of such 

records or integral file segment thereof. 

(3) During the period of restricted access specified pursuant to subsection (b)(1), the determination whether access to a Presidential 

record or reasonably segregable portion thereof 

shall be restricted shall be made by the Archivist, in his discretion, after consultation with 

the former President, and, during such period, 

such determinations shall not be subject to judicial review, except as provided in subsection (e) 

of this section. The Archivist shall establish 

procedures whereby any person denied access to 

a Presidential record because such record is restricted pursuant to a determination made 

under this paragraph, may file an administrative appeal of such determination. Such procedures shall provide for a written determination 

by the Archivist or his designee, within 30 working days after receipt of such an appeal, setting 

forth the basis for such determination. 

(c)(1) Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall be administered in accordance with section 552 of title 5, United States 

Code, except that paragraph (b)(5) of that section shall not be available for purposes of withholding any Presidential record, and for the purposes of such section such records shall be 

deemed to be records of the National Archives 

and Records Administration. Access to such 

records shall be granted on nondiscriminatory 

terms. 

(2) Nothing in this Act shall be construed to 

confirm, limit, or expand any constitutionallybased privilege which may be available to an incumbent or former President. 

(d) Upon the death or disability of a President 

or former President, any discretion or authority 

the President or former President may have had 

under this chapter shall be exercised by the Archivist unless otherwise previously provided by 

the President or former President in a written 

notice to the Archivist. 

(e) The United States District Court for the 

District of Columbia shall have jurisdiction over 

any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or 

privileges. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2525; amended Pub. L. 98–497, title I, §107(b)(7), 

Oct. 19, 1984, 98 Stat. 2287.) 

REFERENCES IN TEXT

This Act, referred to in subsec. (c)(2), probably means 

Pub. L. 95–591, Nov. 4, 1978, 92 Stat. 2523, known as the 

Presidential Records Act of 1978, which enacted this 

chapter, amended sections 2107 and 2108 of this title, 

and enacted provisions set out as notes under section 

2201 of this title. For complete classification of this Act 

to the Code, see Short Title of 1978 Amendment note 

set out under section 101 of this title and Tables. 

AMENDMENTS

1984—Subsec. (c)(1). Pub. L. 98–497 substituted ‘‘National Archives and Records Administration’’ for ‘‘National Archives and Records Service of the General 

Services Administration’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EXECUTIVE ORDER NO. 12667 

Ex. Ord. No. 12667, Jan. 18, 1989, 54 F.R. 3403, which established policies and procedures governing the assertion of Executive privilege by incumbent and former 

Presidents in connection with the release of Presidential records by the National Archives and Records 

Administration pursuant to this chapter, was revoked 

by Ex. Ord. No. 13233, §13, Nov. 1, 2001, 66 F.R. 56029, set 

out below. 

§ 2204 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 82 

EX. ORD. NO. 13233. FURTHER IMPLEMENTATION OF THE

PRESIDENTIAL RECORDS ACT

Ex. Ord. No. 13233, Nov. 1, 2001, 66 F.R. 56025, provided: 

By the authority vested in me as President by the 

Constitution and the laws of the United States of 

America, and in order to establish policies and procedures implementing section 2204 of title 44 of the 

United States Code with respect to constitutionally 

based privileges, including those that apply to Presidential records reflecting military, diplomatic, or national security secrets, Presidential communications, 

legal advice, legal work, or the deliberative processes 

of the President and the President’s advisors, and to do 

so in a manner consistent with the Supreme Court’s decisions in Nixon v. Administrator of General Services, 433 

U.S. 425 (1977), and other cases, it is hereby ordered as 

follows: 

SECTION 1. Definitions. 

For purposes of this order: 

(a) ‘‘Archivist’’ refers to the Archivist of the United 

States or his designee. 

(b) ‘‘Presidential records’’ refers to those documentary materials maintained by the National Archives 

and Records Administration pursuant to the Presidential Records Act [of 1978], 44 U.S.C. 2201–2207. 

(c) ‘‘Former President’’ refers to the former President 

during whose term or terms of office particular Presidential records were created. 

SEC. 2. Constitutional and Legal Background. 

(a) For a period not to exceed 12 years after the conclusion of a Presidency, the Archivist administers 

records in accordance with the limitations on access 

imposed by section 2204 of title 44. After expiration of 

that period, section 2204(c) of title 44 directs that the 

Archivist administer Presidential records in accordance with section 552 of title 5, the Freedom of Information Act, including by withholding, as appropriate, 

records subject to exemptions (b)(1), (b)(2), (b)(3), (b)(4), 

(b)(6), (b)(7), (b)(8), and (b)(9) of section 552. Section 

2204(c)(1) of title 44 provides that exemption (b)(5) of 

section 552 is not available to the Archivist as a basis 

for withholding records, but section 2204(c)(2) recognizes that the former President or the incumbent President may assert any constitutionally based privileges, 

including those ordinarily encompassed within exemption (b)(5) of section 552. The President’s constitutionally based privileges subsume privileges for records 

that reflect: military, diplomatic, or national security 

secrets (the state secrets privilege); communications of 

the President or his advisors (the presidential communications privilege); legal advice or legal work (the attorney-client or attorney work product privileges); and 

the deliberative processes of the President or his advisors (the deliberative process privilege). 

(b) In Nixon v. Administrator of General Services, the 

Supreme Court set forth the constitutional basis for 

the President’s privileges for confidential communications: ‘‘Unless [the President] can give his advisers 

some assurance of confidentiality, a President could 

not expect to receive the full and frank submissions of 

facts and opinions upon which effective discharge of his 

duties depends.’’ 433 U.S. at 448–49. The Court cited the 

precedent of the Constitutional Convention, the records 

of which were ‘‘sealed for more than 30 years after the 

Convention.’’ Id. at 447 n.11. Based on those precedents 

and principles, the Court ruled that constitutionally 

based privileges available to a President ‘‘survive the 

individual President’s tenure.’’ Id. at 449. The Court 

also held that a former President, although no longer 

a Government official, may assert constitutionally 

based privileges with respect to his Administration’s 

Presidential records, and expressly rejected the argument that ‘‘only an incumbent President can assert the 

privilege of the Presidency.’’ Id. at 448. 

(c) The Supreme Court has held that a party seeking 

to overcome the constitutionally based privileges that 

apply to Presidential records must establish at least a 

‘‘demonstrated, specific need’’ for particular records, a 

standard that turns on the nature of the proceeding and 

the importance of the information to that proceeding. 

See United States v. Nixon, 418 U.S. 683, 713 (1974). Notwithstanding the constitutionally based privileges that 

apply to Presidential records, many former Presidents 

have authorized access, after what they considered an 

appropriate period of repose, to those records or categories of records (including otherwise privileged 

records) to which the former Presidents or their representatives in their discretion decided to authorize access. See Nixon v. Administrator of General Services, 433 

U.S. at 450–51. 

SEC. 3. Procedure for Administering Privileged Presidential Records. 

Consistent with the requirements of the Constitution 

and the Presidential Records Act, the Archivist shall 

administer Presidential records under section 2204(c) of 

title 44 in the following manner: 

(a) At an appropriate time after the Archivist receives a request for access to Presidential records 

under section 2204(c)(1), the Archivist shall provide notice to the former President and the incumbent President and, as soon as practicable, shall provide the 

former President and the incumbent President copies 

of any records that the former President and the incumbent President request to review. 

(b) After receiving the records he requests, the former 

President shall review those records as expeditiously as 

possible, and for no longer than 90 days for requests 

that are not unduly burdensome. The Archivist shall 

not permit access to the records by a requester during 

this period of review or when requested by the former 

President to extend the time for review. 

(c) After review of the records in question, or of any 

other potentially privileged records reviewed by the 

former President, the former President shall indicate 

to the Archivist whether the former President requests 

withholding of or authorizes access to any privileged 

records. 

(d) Concurrent with or after the former President’s 

review of the records, the incumbent President or his 

designee may also review the records in question, or 

may utilize whatever other procedures the incumbent 

President deems appropriate to decide whether to concur in the former President’s decision to request withholding of or authorize access to the records. 

(1) When the former President has requested withholding of the records: 

(i) If under the standard set forth in section 4 

below, the incumbent President concurs in the former 

President’s decision to request withholding of records 

as privileged, the incumbent President shall so inform the former President and the Archivist. The Archivist shall not permit access to those records by a 

requester unless and until the incumbent President 

advises the Archivist that the former President and 

the incumbent President agree to authorize access to 

the records or until so ordered by a final and nonappealable court order. 

(ii) If under the standard set forth in section 4 

below, the incumbent President does not concur in 

the former President’s decision to request withholding of the records as privileged, the incumbent 

President shall so inform the former President and 

the Archivist. Because the former President independently retains the right to assert constitutionally 

based privileges, the Archivist shall not permit access to the records by a requester unless and until the 

incumbent President advises the Archivist that the 

former President and the incumbent President agree 

to authorize access to the records or until so ordered 

by a final and nonappealable court order. 

(2) When the former President has authorized access 

to the records: 

(i) If under the standard set forth in section 4 

below, the incumbent President concurs in the former 

President’s decision to authorize access to the 

records, the Archivist shall permit access to the 

records by the requester. 

(ii) If under the standard set forth in section 4 

below, the incumbent President does not concur in 

Page 83 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2205 

the former President’s decision to authorize access to 

the records, the incumbent President may independently order the Archivist to withhold privileged 

records. In that instance, the Archivist shall not permit access to the records by a requester unless and 

until the incumbent President advises the Archivist 

that the former President and the incumbent President agree to authorize access to the records or until 

so ordered by a final and nonappealable court order. 

SEC. 4. Concurrence by Incumbent President. 

Absent compelling circumstances, the incumbent 

President will concur in the privilege decision of the 

former President in response to a request for access 

under section 2204(c)(1). When the incumbent President 

concurs in the decision of the former President to request withholding of records within the scope of a constitutionally based privilege, the incumbent President 

will support that privilege claim in any forum in which 

the privilege claim is challenged. 

SEC. 5. Incumbent President’s Right to Obtain Access. 

This order does not expand or limit the incumbent 

President’s right to obtain access to the records of a 

former President pursuant to section 2205(2)(B) [of title 

44]. 

SEC. 6. Right of Congress and Courts to Obtain Access. 

This order does not expand or limit the rights of a 

court, House of Congress, or authorized committee or 

subcommittee of Congress to obtain access to the 

records of a former President pursuant to section 

2205(2)(A) or section 2205(2)(C). With respect to such requests, the former President shall review the records in 

question and, within 21 days of receiving notice from 

the Archivist, indicate to the Archivist his decision 

with respect to any privilege. The incumbent President 

shall indicate his decision with respect to any privilege 

within 21 days after the former President has indicated 

his decision. Those periods may be extended by the 

former President or the incumbent President for requests that are burdensome. The Archivist shall not 

permit access to the records unless and until the incumbent President advises the Archivist that the 

former President and the incumbent President agree to 

authorize access to the records or until so ordered by 

a final and nonappealable court order. 

SEC. 7. No Effect on Right to Withhold Records. 

This order does not limit the former President’s or 

the incumbent President’s right to withhold records on 

any ground supplied by the Constitution, statute, or 

regulation. 

SEC. 8. Withholding of Privileged Records During 12-Year 

Period. 

In the period not to exceed 12 years after the conclusion of a Presidency during which section 2204(a) and 

section 2204(b) of title 44 apply, a former President or 

the incumbent President may request withholding of 

any privileged records not already protected from disclosure under section 2204. If the former President or 

the incumbent President so requests, the Archivist 

shall not permit access to any such privileged records 

unless and until the incumbent President advises the 

Archivist that the former President and the incumbent 

President agree to authorize access to the records or 

until so ordered by a final and nonappealable court 

order. 

SEC. 9. Establishment of Procedures. 

This order is not intended to indicate whether and 

under what circumstances a former President should 

assert or waive any privilege. The order is intended to 

establish procedures for former and incumbent Presidents to make privilege determinations. 

SEC. 10. Designation of Representative. 

The former President may designate a representative 

(or series or group of alternative representatives, as the 

former President in his discretion may determine) to 

act on his behalf for purposes of the Presidential 

Records Act and this order. Upon the death or disability of a former President, the former President’s 

designated representative shall act on his behalf for 

purposes of the Act and this order, including with respect to the assertion of constitutionally based privileges. In the absence of any designated representative 

after the former President’s death or disability, the 

family of the former President may designate a representative (or series or group of alternative representatives, as they in their discretion may determine) to 

act on the former President’s behalf for purposes of the 

Act and this order, including with respect to the assertion of constitutionally based privileges. 

SEC. 11. Vice Presidential Records. 

(a) Pursuant to section 2207 of title 44 of the United 

States Code, the Presidential Records Act applies to 

the executive records of the Vice President. Subject to 

subsections (b) and (c), this order shall also apply with 

respect to any such records that are subject to any constitutionally based privilege that the former Vice 

President may be entitled to invoke, but in the administration of this order with respect to such records, references in this order to a former President shall be 

deemed also to be references to the relevant former 

Vice President. 

(b) Subsection (a) shall not be deemed to authorize a 

Vice President or former Vice President to invoke any 

constitutional privilege of a President or former President except as authorized by that President or former 

President. 

(c) Nothing in this section shall be construed to 

grant, limit, or otherwise affect any privilege of a 

President, Vice President, former President, or former 

Vice President. 

SEC. 12. Judicial Review. 

This order is intended to improve the internal management of the executive branch and is not intended to 

create any right or benefit, substantive or procedural, 

enforceable at law by a party, other than a former 

President or his designated representative, against the 

United States, its agencies, its officers, or any person. 

SEC. 13. Revocation. 

Executive Order 12667 of January 18, 1989, is revoked. 

GEORGE W. BUSH. 

§ 2205. Exceptions to restricted access 

Notwithstanding any restrictions on access 

imposed pursuant to section 2204— 

(1) the Archivist and persons employed by 

the National Archives and Records Administration who are engaged in the performance of 

normal archival work shall be permitted access to Presidential records in the custody of 

the Archivist; 

(2) subject to any rights, defenses, or privileges which the United States or any agency 

or person may invoke, Presidential records 

shall be made available— 

(A) pursuant to subpena or other judicial 

process issued by a court of competent jurisdiction for the purposes of any civil or 

criminal investigation or proceeding; 

(B) to an incumbent President if such records contain information that is needed for 

the conduct of current business of his office 

and that is not otherwise available; and 

(C) to either House of Congress, or, to the 

extent of matter within its jurisdiction, to 

any committee or subcommittee thereof if 

such records contain information that is 

needed for the conduct of its business and 

that is not otherwise available; and 

(3) the Presidential records of a former 

President shall be available to such former 

President or his designated representative. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2527; amended Pub. L. 98–497, title I, §107(b)(7), 

Oct. 19, 1984, 98 Stat. 2287.) 

§ 2206 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 84 

1Section catchline amended by Pub. L. 98–497 without corresponding amendment of analysis. 

AMENDMENTS

1984—Par. (1). Pub. L. 98–497 substituted ‘‘National 

Archives and Records Administration’’ for ‘‘National 

Archives and Records Service of the General Services 

Administration’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2206. Regulations 

The Archivist shall promulgate in accordance 

with section 553 of title 5, United States Code, 

regulations necessary to carry out the provisions of this chapter. Such regulations shall include— 

(1) provisions for advance public notice and 

description of any Presidential records scheduled for disposal pursuant to section 2203(f)(3); 

(2) provisions for providing notice to the 

former President when materials to which access would otherwise be restricted pursuant to 

section 2204(a) are to be made available in accordance with section 2205(2); 

(3) provisions for notice by the Archivist to 

the former President when the disclosure of 

particular documents may adversely affect 

any rights and privileges which the former 

President may have; and 

(4) provisions for establishing procedures for 

consultation between the Archivist and appropriate Federal agencies regarding materials 

which may be subject to section 552(b)(7) of 

title 5, United States Code. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2527.) 

§ 2207. Vice-Presidential records 

Vice-Presidential records shall be subject to 

the provisions of this chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect 

to Vice-Presidential records, shall be the same 

as the duties and responsibilities of the President under this chapter with respect to Presidential records. The authority of the Archivist 

with respect to Vice-Presidential records shall 

be the same as the authority of the Archivist 

under this chapter with respect to Presidential 

records, except that the Archivist may, when 

the Archivist determines that it is in the public 

interest, enter into an agreement for the deposit 

of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall 

be construed to authorize the establishment of 

separate archival depositories for such VicePresidential records. 

(Added Pub. L. 95–591, §2(a), Nov. 4, 1978, 92 Stat. 

2527.) 

CHAPTER 23—NATIONAL ARCHIVES TRUST 

FUND BOARD 

Sec. 

2301. Establishment of Board; membership. 

2302. Authority of the Board; seal; services; bylaws; 

rules; regulations; employees. 

2303. Powers and obligations of Board; liability of 

members.1

2304. Compensation of members; availability of 

trust funds for expenses of Board.1

2305. Acceptance of gifts. 

2306. Investment of funds. 

2307. Trust fund account; disbursements; sales of 

publications and releases. 

2308. Tax exemption for gifts. 

AMENDMENTS

1984—Pub. L. 98–497, title II, §202(c), Oct. 19, 1984, 98 

Stat. 2294, amended item 2302 generally. 

§ 2301. Establishment of Board; membership 

The National Archives Trust Fund Board shall 

consist of the Archivist of the United States, as 

Chairman, and the Secretary of the Treasury 

and the Chairman of the National Endowment 

for the Humanities. Membership on the Board is 

not an office within the meaning of the statutes 

of the United States. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1292; Pub. 

L. 94–391, Aug. 19, 1976, 90 Stat. 1192; Pub. L. 

95–379, Sept. 22, 1978, 92 Stat. 724; Pub. L. 98–497, 

title I, §107(b)(8), Oct. 19, 1984, 98 Stat. 2287.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§300bb, 391 (part) 

(July 9, 1941, ch. 284, §2, 55 Stat. 581; Aug. 2, 1946, ch. 

753, title I, §§102, 121, 60 Stat. 814, 822; June 30, 1949, ch. 

288, title I, §104, 63 Stat. 381). 

This section incorporates only the last sentence of 

paragraph (b) of former section 391. The balance of that 

section will be found in sections 1506, 2102, 2501, and 2902 

of the revision. 

AMENDMENTS

1984—Pub. L. 98–497 struck out ‘‘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.’’ 

1978—Pub. L. 95–379 substituted references to the Secretary of the Treasury and the Chairman of the National Endowment for the Humanities, for references to 

the chairman of the House Committee on Government 

Operations and the Senate Committee on Post Office 

and Civil Service. 

1976—Pub. L. 94–391 substituted reference to House 

Committee on Government Operations for reference to 

House Committee on Post Office and Civil Service. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees 

In carrying out the purposes of this chapter, 

the Board— 

(1) may adopt an official seal, which shall be 

judicially noticed; 

(2) may utilize on a reimbursable basis the 

services and personnel of the National Archives and Records Administration necessary 

(as determined by the Archivist) to assist the 

Board in the administration of the trust fund, 

and in the preparation and publication of special works and collections of sources and preparation, duplication, editing, and release of 

historical photographic materials and sound 

recordings, and may utilize on a reimbursable 

basis the services and personnel of other Federal agencies for such purposes; 

Page 85 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2306 

(3) may adopt bylaws, rules, and regulations 

necessary for the administration of its functions under this chapter; and 

(4) may, subject to the laws and regulations 

governing appointments in the civil service, 

appoint and fix the compensation of such personnel as may be necessary to carry out its 

functions. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1292; Pub. 

L. 98–497, title II, §202(a), Oct. 19, 1984, 98 Stat. 

2293.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300hh (July 9, 1941. 

ch. 284, §8, 55 Stat. 582). 

REFERENCES IN TEXT

The laws governing appointments in the civil service, 

referred to in par. (4), are set out in Title 5, Government Organization and Employees. See, particularly, 

section 3301 et seq. of Title 5. 

AMENDMENTS

1984—Pub. L. 98–497 amended section generally. Prior 

to amendment, section read as follows: ‘‘In 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.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2303. Powers and obligations of the Board; liability of members 

Except as otherwise provided by this chapter, 

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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1292; Pub. 

L. 98–497, title II, §202(a), Oct. 19, 1984, 98 Stat. 

2293.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300ff (July 9, 1941, ch. 

284, §6, 55 Stat. 582). 

AMENDMENTS

1984—Pub. L. 98–497 amended section generally, inserting ‘‘Except as otherwise provided by this chapter,’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2304. Compensation of members; availability of 

trust funds for expenses of the 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 obligations necessarily incurred by the members of 

the Board in the performance of their duties and 

the compensation of persons employed by the 

Board, shall be paid by the Archivist of the 

United States from trust funds available to the 

Board for this purpose. The Board, by resolution, may authorize the transfer of funds (including the principal or interest of a gift or bequest) to the National Archives and Records Administration to be expended on an archival or 

records activity approved by the Board or to accomplish the purpose of a gift or bequest. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1292; Pub. 

L. 98–497, title II, §202(a), Oct. 19, 1984, 98 Stat. 

2293.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300ii (July 9, 1941, ch. 

284, §9, 55 Stat. 582). 

AMENDMENTS

1984—Pub. L. 98–497 amended section generally. Prior 

to amendment, section read as follows: ‘‘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.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2305. Acceptance of gifts 

The Board may solicit and accept 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 National Archives and 

Records Administration. Moneys that are for deposit into the trust fund shall be deposited within 10 working days of the receipt thereof. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1292; Pub. 

L. 98–497, title II, §202(a), Oct. 19, 1984, 98 Stat. 

2293.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300cc (July 9, 1941, 

ch. 284, §3, 55 Stat. 581). 

AMENDMENTS

1984—Pub. L. 98–497 amended section generally. Prior 

to amendment, section read as follows: ‘‘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.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2306. Investment of funds 

The Secretary of the Treasury shall receipt for 

moneys or securities composing trust funds 

§ 2307 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 86 

1So in original. Does not conform to section catchline. 

given or bequeathed to the Board and shall invest, reinvest, and retain 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1292.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300dd (July 9, 1941, 

ch. 284, §4, 55 Stat. 581). 

§ 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 on the basis of certified vouchers 

of the Archivist of the United States (or his designee) for activities approved by the Board and 

in the interest of the national archival and 

records activities administered by the National 

Archives and Records 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 Archivist 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1293; Pub. 

L. 98–497, title II, §202(b), Oct. 19, 1984, 98 Stat. 

2294.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300ee (July 9, 1941, 

ch. 284, §5, 55 Stat. 581). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘on the basis of certified vouchers of the Archivist of the United States (or 

his designee) for activities approved by the Board and 

in the interest of the national archival and records activities administered by the National Archives and 

Records Administration’’ for ‘‘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’’ and ‘‘Archivist’’ for 

‘‘Chairman’’ in second sentence. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

TRANSFER OF FUNCTIONS

Division of Disbursement of Treasury Department 

consolidated into Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan No. III of 1940, 

eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the 

Appendix to Title 5, Government Organization and Employees. See section 306 of Title 31, Money and Finance. 

§ 2308. Tax exemption for gifts 

Gifts and bequests received by the Board under 

this chapter, and the income from them are exempt from taxes. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1293.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §300gg (July 9, 1941, 

ch. 284, §7, 55 Stat. 582). 

CHAPTER 25—NATIONAL HISTORICAL 

PUBLICATIONS AND RECORDS COMMISSION 

Sec. 

2501. Creation; composition; appointment and tenure; vacancies; meetings.1

2502. Vacancies. 

2503. Executive director; staff; transportation expenses.1

2504. Duties; authorization of grants for historical 

publications and records programs; authorization for appropriations. 

2505. Special advisory committees; membership; 

reimbursement. 

2506. Records to be kept by grantees. 

[2507. Repealed.] 

AMENDMENTS

1988—Pub. L. 100–365, §5, July 13, 1988, 102 Stat. 825, 

amended analysis generally, inserting ‘‘; vacancies; 

meetings’’ after ‘‘tenure’’ in item 2501, substituted 

‘‘staff; transportation expenses’’ for ‘‘editorial and clerical staff; reimbursement of members for transportation expenses; honorarium’’ in item 2503 and ‘‘historical publications and records programs; authorization 

for appropriations’’ for ‘‘collection, reproduction, and 

publication of documentary historical source material’’ 

in item 2504, and reenacting items 2502, 2505, and 2506 

without change. 

1984—Pub. L. 98–497, title I, §107(b)(12)(B), Oct. 19, 

1984, 98 Stat. 2287, struck out item 2507 ‘‘Report to Congress’’. 

1974—Pub. L. 93–536, §1(a), Dec. 22, 1974, 88 Stat. 1734, 

inserted ‘‘AND RECORDS’’ after ‘‘PUBLICATIONS’’ in 

chapter heading. 

§ 2501. Creation; composition; appointment and 

tenure; meetings 

(a) The National Historical Publications and 

Records Commission shall consist of 15 members 

as follows: 

(1) the following ex officio members: 

(A) the Archivist of the United States, who 

shall be chairman; 

(B) the Librarian of Congress (or an alternate designated by the Librarian); 

(C) one Senator, appointed by the President of the Senate; 

(D) one Representative, appointed by the 

Speaker of the House of Representatives; 

(E) one member of the judicial branch of 

the Government, appointed by the Chief Justice of the United States; 

(F) one representative of the Department 

of State to be appointed by the Secretary of 

State; and 

Page 87 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2503 

(G) one representative of the Department 

of Defense to be appointed by the Secretary 

of Defense; 

(2) one member from each of the following 

organizations, appointed by the governing 

council or board of the respective organization: 

(A) the American Historical Association; 

(B) the Organization of American Historians; 

(C) the Society of American Archivists; 

(D) the American Association for State 

and Local History; 

(E) the Association for Documentary Editing; and 

(F) the National Association for Government Archives and Records Administrators; 

and 

(3) two other members, outstanding in the 

fields of the social or physical sciences, the 

arts, or archival or library science, appointed 

by the President of the United States. 

(b)(1) The members appointed under subsection (a) shall be appointed for terms of 4 

years, except that— 

(A) a member appointed under subsection 

(a)(1)(D) shall be appointed for a term of 2 

years; and 

(B) the Archivist and the Librarian of Congress are permanent ex officio members. 

(2) A member may continue to serve after the 

expiration of a term until a successor has been 

appointed, but not to exceed one year. 

(c) The Commission shall meet at least annually and at call of the Chairman. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1293; Pub. 

L. 92–546, §1(a), Oct. 25, 1972, 86 Stat. 1155; Pub. 

L. 93–536, §1(b), Dec. 22, 1974, 88 Stat. 1735; Pub. 

L. 96–98, §2(b), Nov. 1, 1979, 93 Stat. 731; Pub. L. 

98–497, title I, §107(b)(9), Oct. 19, 1984, 98 Stat. 

2287; Pub. L. 100–365, §2(a), July 13, 1988, 102 Stat. 

823.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§391 (part), 393(a) 

(June 30, 1949, ch. 288, title I, §104, 63 Stat. 381, and title 

V, §503(a) as added Sept. 5, 1950, ch. 849, §6(d), 64 Stat. 

583). 

This section incorporates only the last sentence of 

paragraph (b) of former section 391. The balance of that 

section will be found in sections 1506, 2102, 2301, and 2902 

of the revision. 

AMENDMENTS

1988—Pub. L. 100–365 substituted ‘‘appointment and 

tenure; meetings’’ for ‘‘appointment and tenure’’ in 

section catchline, and amended text generally, revising 

and restating as subsecs. (a) to (c) provisions formerly 

contained in a single undesignated paragraph. 

1984—Pub. L. 98–497 struck out ‘‘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.’’ 

1979—Pub. L. 96–98 inserted ‘‘and Records’’ after 

‘‘Publications’’. 

1974—Pub. L. 93–536 inserted provision relating to appointment and term of two members of Society of 

American Archivists, and two members of American 

Association for State and Local History. 

1972—Pub. L. 92–546 provided for two additional members of the Organization of American Historians to be 

appointed for terms of four years by Executive Board of 

Organization, one to be appointed for a term of two 

years and his successors for a term of four years. 

EFFECTIVE DATE OF 1988 AMENDMENT

Section 2(b) of Pub. L. 100–365 provided that: ‘‘The 

amendment made by this section [amending this section] shall be effective on January 1, 1989, and shall 

apply to the appointment of any member on the expiration of a predecessor’s term as follows: 

‘‘(1) The next two members appointed to such Commission after such date shall be appointed pursuant 

to section 2501(a)(2)(E) and (F) of title 44, United 

States Code, as amended by this section. 

‘‘(2) Notwithstanding section 2501(b)(1), the first 

members appointed pursuant to section 2501(a)(2)(B) 

and (C) after January 1, 1991, shall be appointed for 

terms of one year.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1294.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §393(b) (June 30, 1949, 

ch. 288, title V, §503(b), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

§ 2503. Executive director, staff, transportation 

expenses 

(a) The Commission may appoint, without reference to chapter 51 of title 5, an executive director. The Chairman may appoint such other 

employees as may be necessary to carry out the 

purposes of this chapter. 

(b) Members of the Commission shall be allowed travel expenses (including per diem allowance in lieu of subsistence) in the same amount 

and to the same extent as persons serving intermittently in the Government service are allowed travel expenses under section 5703 of title 

5, United States Code. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1294; Pub. 

L. 92–546, §1(b), Oct. 25, 1972, 86 Stat. 1155; Pub. 

L. 96–98, §2(a), Nov. 1, 1979, 93 Stat. 731; Pub. L. 

100–365, §3, July 13, 1988, 102 Stat. 824.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §393(c) (June 30, 1949, 

ch. 288, title V, §503(c), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

1988—Pub. L. 100–365 substituted current section 

catchline for ‘‘Executive director; editorial and clerical 

staff; reimbursement of members for transportation expenses; honorarium’’, and amended text generally, revising and restating as subsecs. (a) and (b) provisions 

formerly contained in a single undesignated paragraph. 

1979—Pub. L. 96–98 substituted provisions relating to 

per diem allowance, instead of subsistence, pursuant to 

section 5703 of title 5, for provisions relating to receipt 

of a sum, not to exceed $40, instead of subsistence en 

route to or from or at place of service. 

§ 2504 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 88 

1972—Pub. L. 92–546 increased daily allowance from 

$25 to $40. 

EFFECTIVE DATE OF 1979 AMENDMENT

Section 2(a) of Pub. L. 96–98 provided that the amendment made by that section is effective Oct. 1, 1979. 

§ 2504. Duties; authorization of grants for historical publications and records programs; authorization for appropriations 

(a) The Commission shall make plans, estimates, and recommendations for historical 

works and collections of sources it considers appropriate for preserving, publishing or otherwise 

recording at the public expense. The Chairman 

of the Commission shall transmit to the President and the Congress from time to time, and at 

least biennially, the plans, estimates, and recommendations developed and approved by the 

Commission. 

(b) The Commission shall cooperate with, assist 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 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. 

(c) The Commission may conduct institutes, 

training and educational programs, and recommend candidates for fellowships related to 

the activities of the Commission and may disseminate information about documentary 

sources through guides, directories, and other 

technical publications. 

(d) The Commission may recommend the expenditure of appropriated or donated funds for 

the collecting, describing, preserving, compiling 

and publishing (including microfilming and 

other forms of reproduction) of documentary 

sources significant to the history of the United 

States and for the activities described in subsection (c). 

(e) The Archivist of the United States may, 

within the limits of available appropriated and 

donated funds, make grants to State and local 

agencies and to nonprofit organizations, institutions, and individuals, for those activities in 

subsection (d) after considering the advice and 

recommendations of the Commission. 

(f)(1) For the purposes specified in this section, 

there is hereby authorized to be appropriated to 

the National Historical Publications and 

Records Commission— 

(A) $6,000,000 for fiscal year 1989; 

(B) $8,000,000 for fiscal year 1990; 

(C) $10,000,000 for each of the fiscal years 

1991, 1992, and 1993; 

(D) $6,000,000 for fiscal year 1994; 

(E) $7,000,000 for fiscal year 1995; 

(F) $8,000,000 for fiscal year 1996; 

(G) $10,000,000 for fiscal year 1997; 

(H) $10,000,000 for fiscal year 1998; 

(I) $10,000,000 for fiscal year 1999; 

(J) $10,000,000 for fiscal year 2000; 

(K) $10,000,000 for fiscal year 2001; 

(L) $10,000,000 for fiscal year 2002; 

(M) $10,000,000 for fiscal year 2003; 

(N) $10,000,000 for fiscal year 2004; 

(O) $10,000,000 for fiscal year 2005; 

(P) $10,000,000 for fiscal year 2006; 

(Q) $10,000,000 for fiscal year 2007; 

(R) $10,000,000 for fiscal year 2008; and 

(S) $10,000,000 for fiscal year 2009. 

(2) Amounts appropriated under this subsection shall be available until expended when 

so provided in appropriation Acts. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1294; Pub. 

L. 92–546, §1(c), Oct. 25, 1972, 86 Stat. 1155; Pub. 

L. 93–536, §1(c), Dec. 22, 1974, 88 Stat. 1735; Pub. 

L. 96–98, §1, Nov. 1, 1979, 93 Stat. 731; Pub. L. 

98–189, Nov. 30, 1983, 97 Stat. 1323; Pub. L. 98–497, 

title I, §107(b)(10), Oct. 19, 1984, 98 Stat. 2287; 

Pub. L. 100–365, §4, July 13, 1988, 102 Stat. 824; 

Pub. L. 103–262, §1, May 31, 1994, 108 Stat. 706; 

Pub. L. 104–274, §1, Oct. 9, 1996, 110 Stat. 3321; 

Pub. L. 106–410, Nov. 1, 2000, 114 Stat. 1788; Pub. 

L. 108–383, §6, Oct. 30, 2004, 118 Stat. 2219.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §393(d) (June 30, 1949, 

ch. 288, title V, §503(d), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583, and amended July 28, 1964, Pub. L. 

88–383, 78 Stat. 335). 

AMENDMENTS

2004—Subsec. (f)(1)(P) to (S). Pub. L. 108–383 added 

subpars. (P) to (S). 

2000—Subsec. (f)(1)(L) to (O). Pub. L. 106–410 added 

subpars. (L) to (O). 

1996—Subsec. (f)(1)(H) to (K). Pub. L. 104–274 added 

subpars. (H) to (K). 

1994—Subsec. (f)(1)(D) to (G). Pub. L. 103–262 added 

subpars. (D) to (G). 

1988—Pub. L. 100–365 substituted current section 

catchline for ‘‘Duties; authorization of grants for collection, reproduction, and publication of documentary 

historical source material’’, and amended text generally, revising and restating as subsecs. (a) to (f) provisions of former subsecs. (a) and (b). 

1984—Subsec. (a). Pub. L. 98–497, §107(b)(10)(A)–(D), 

substituted ‘‘Archivist of the United States’’ for ‘‘Administrator of General Services’’ in third sentence, substituted ‘‘Archivist’’ for ‘‘Administrator’’ in fourth sentence, inserted ‘‘and Records’’ after ‘‘Historical Preservation’’ in fourth sentence, and substituted ‘‘transmit 

to the President and the Congress’’ for ‘‘transmit to the 

Administrator’’ in last sentence. 

Subsec. (b). Pub. L. 98–497, §107(b)(10)(E), substituted 

‘‘National Archives and Records Administration’’ for 

‘‘General Services Administration’’. 

1983—Subsec. (b). Pub. L. 98–189 substituted provisions authorizing appropriations for fiscal year ending 

Sept. 30, 1984, and for each of the four succeeding fiscal 

years, for provisions authorizing appropriations for fiscal year ending Sept. 30, 1981. 

1979—Subsec. (b). Pub. L. 96–98 substituted provisions 

authorizing appropriations for fiscal year ending Sept. 

30, 1981, for provisions authorizing appropriations for 

fiscal year ending June 30, 1975, and for each of four 

succeeding fiscal years. 

1974—Subsec. (b). Pub. L. 93–536 substituted ‘‘1975’’ for 

‘‘1973’’ and ‘‘$4,000,000’’ for ‘‘$2,000,000’’. 

1972—Pub. L. 92–546 designated existing provisions as 

subsec. (a) and added subsec. (b). 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

in subsec. (a) of this section relating to the requireVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00096 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 89 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2702 

ment that the Chairman of the Commission transmit 

biennial reports to Congress, see section 3003 of Pub. L. 

104–66, as amended, set out as a note under section 1113 

of Title 31, Money and Finance, and the 16th item on 

page 183 of House Document No. 103–7. 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1294.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §393(e) (June 30, 1949, 

ch. 288, title V, §503, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583, and amended July 28, 1964, Pub. L. 

88–383, 78 Stat. 335). 

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to 

terminate not later than the expiration of the 2-year 

period following Jan. 5, 1973, unless, in the case of a 

committee established by the President or an officer of 

the Federal Government, such committee is renewed by 

appropriate action prior to the expiration of such 2- 

year period, or in the case of a committee established 

by the Congress, its duration is otherwise provided by 

law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 

Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. 

§ 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 Archivist of the United States 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 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 Archivist 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1294; Pub. 

L. 98–497, title I, §107(b)(11), Oct. 19, 1984, 98 Stat. 

2287.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §393(g) (June 30, 1949, 

ch. 288, title V, §503, as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583, and amended July 28, 1964, Pub. L. 

88–383, 78 Stat. 335). 

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–497 substituted ‘‘Archivist of the United States’’ for ‘‘Administrator of General Services’’. 

Subsec. (b). Pub. L. 98–497 substituted ‘‘Archivist’’ for 

‘‘Administrator’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

[§ 2507. Repealed. Pub. L. 98–497, title I, 

§ 107(b)(12)(A), Oct. 19, 1984, 98 Stat. 2287] 

Section, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1295, related to report that Administrator is required to make 

annually to Congress. 

EFFECTIVE DATE OF REPEAL

Repeal effective Apr. 1, 1985, see section 301 of Pub. L. 

98–497, set out as an Effective Date of 1984 Amendment 

note under section 2102 of this title. 

CHAPTER 27—ADVISORY COMMITTEE ON 

THE RECORDS OF CONGRESS 

Sec. 

2701. Advisory Committee on the Records of Congress. 

2702. Membership; chairman; meetings. 

2703. Functions of the Committee. 

2704. Powers of the Committee. 

2705. Compensation and travel expenses. 

2706. Administrative provisions. 

§ 2701. Advisory Committee on the Records of 

Congress 

(a) There is established the Advisory Committee on the Records of Congress (hereafter in 

this chapter referred to as the Committee). 

(b) The Committee shall be subject to the provisions of the Federal Advisory Committee Act 

(5 U.S.C. App.), except that the Committee shall 

be of permanent duration, notwithstanding any 

provision of section 14 of the Federal Advisory 

Committee Act. 

(Added Pub. L. 101–509, title IV, §1(d)(1), Nov. 5, 

1990, 104 Stat. 1417.) 

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in 

subsec. (b), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as 

amended, which is set out in the Appendix to Title 5, 

Government Organization and Employees. 

CODIFICATION

Another section 1 of title IV of Pub. L. 101–509, 104 

Stat. 1421, amended section 8902 of Title 5, Government 

Organization and Employees. 

PRIOR PROVISIONS

A prior section 2701, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1295, established Federal Records Council and set 

forth composition, compensation, etc., of such Council, 

prior to repeal by Pub. L. 95–378, §2(a), Sept. 22, 1978, 92 

Stat. 723. Section 1 of Pub. L. 95–378 abolished the Federal Records Council. 

§ 2702. Membership; chairman; meetings 

(a)(1) The Committee shall consist of the eleven members including— 

(A)(i) the Secretary of the Senate; 

(ii) the Clerk of the House of Representatives; 

(iii) the Archivist of the United States; 

(iv) the Historian of the Senate; and 

(v) the Historian of the House of Representatives; and 

(B) six members of whom one shall be appointed by each of the following: 

§ 2703 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 90 

(i) the Speaker of the House of Representatives; 

(ii) the Minority Leader of the House of 

Representatives; 

(iii) the Majority Leader of the Senate; 

(iv) the Minority Leader of the Senate; 

(v) the Secretary of the Senate; and 

(vi) the Clerk of the House of Representatives. 

(2) Each member appointed under paragraph 

(1)(B) shall have knowledge or expertise in 

United States history, archival management, 

publishing, library science, or use of legislative 

records. 

(b) The Secretary of the Senate shall serve as 

Chairman during the two-year period beginning 

on January 1, 1991, and the Clerk of the House of 

Representatives shall serve as Chairman during 

the two-year period beginning on January 1, 

1993. Thereafter, such members shall alternate 

serving as Chairman for a term of two years. 

(c)(1) Members of the Committee referred to in 

subsection (a)(1)(A) shall serve only while holding such offices. Members appointed to the Committee under subsection (a)(1)(B) shall serve for 

a term of two years, and may be reappointed 

without limitation. The initial appointments for 

such terms shall begin on January 1, 1991. 

(2) Any vacancy on the Committee shall not 

affect the powers of the Committee. Any vacancy in an appointed position on the Committee shall be filled in the same manner in 

which the original appointment was made. 

(d)(1) No later than thirty days after the date 

on which the first session of the 102d Congress 

begins, the Committee shall hold its first meeting. Thereafter, the Committee shall meet semiannually or at the call of a majority of its members. 

(2) Seven members of the Committee shall 

constitute a quorum, but a lesser number may 

hold hearings. 

(Added Pub. L. 101–509, title IV, §1(d)(1), Nov. 5, 

1990, 104 Stat. 1417.) 

REFERENCES IN TEXT

The date on which the first session of the 102d Congress begins, referred to in subsec. (d)(1), is Jan. 3, 1991. 

§ 2703. Functions of the Committee 

The Committee shall— 

(1) review the management and preservation 

of the records of Congress; 

(2) report to and advise the Congress and the 

Archivist of the United States on such management and preservation; and 

(3)(A) no later than December 31, 1991, conduct a study and submit a report to the Congress on— 

(i) the effect any transfer of records of the 

National Archives and Records Administration from facilities located in Washington, 

D.C., to any location outside of Washington, 

D.C., shall have on the management and 

preservation of the records of Congress; and 

(ii) the five year plan for the management 

and preservation of the records of Congress; 

and 

(B) no later than December 31, 1995, conduct 

a study to update the report submitted under 

subparagraph (A)(ii), and submit a report to 

the Congress. 

(Added Pub. L. 101–509, title IV, §1(d)(1), Nov. 5, 

1990, 104 Stat. 1418.) 

§ 2704. Powers of the Committee 

(a) For purposes of carrying out the duties referred to under section 2703, the Committee or, 

on the authorization of the Committee, any subcommittee or member thereof, may hold such 

hearings, sit and act at such times and places, 

take such testimony, and receive such evidence 

as is appropriate. 

(b) The Committee may secure directly from 

any department or agency of the United States 

such information as the Committee may require 

to carry out the duties referred to under section 

2703. Upon request of the Chairman of the Committee, the head of such department or agency 

shall furnish such information to the Committee. 

(Added Pub. L. 101–509, title IV, §1(d)(1), Nov. 5, 

1990, 104 Stat. 1418.) 

§ 2705. Compensation and travel expenses 

A member of the Committee may not be paid 

compensation for service performed as a member of the Committee. However, members of the 

Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates 

authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States 

Code, while away from their homes or regular 

places of business in the performance of service 

for the Committee. 

(Added Pub. L. 101–509, title IV, §1(d)(1), Nov. 5, 

1990, 104 Stat. 1418.) 

§ 2706. Administrative provisions 

(a) Upon request of the Committee, the head of 

any Federal agency is authorized to detail to 

the Committee, on a nonreimbursable basis, any 

of the personnel of such agency to assist the 

Committee in carrying out the duties referred to 

under section 2703 and such detail shall be without interruption or loss of civil service status or 

privilege. 

(b) For purposes of supporting the Committee, 

the Archivist may obtain the services of experts 

and consultants in accordance with the provisions of section 3109 of title 5, United States 

Code, but at rates for individuals not to exceed 

the daily equivalent of the minimum annual 

rate of basic pay payable for GS–16 of the General Schedule under section 5332 of such title. 

(Added Pub. L. 101–509, title IV, §1(d)(1), Nov. 5, 

1990, 104 Stat. 1418.) 

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY

RATES

References in laws to the rates of pay for GS–16, 17, 

or 18, or to maximum rates of pay under the General 

Schedule, to be considered references to rates payable 

under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] 

of Pub. L. 101–509, set out in a note under section 5376 

of Title 5. 

Page 91 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2901 

1Section catchline amended by Pub. L. 98–497 without corresponding amendment of chapter analysis. 

CHAPTER 29—RECORDS MANAGEMENT BY 

THE ARCHIVIST OF THE UNITED STATES 

AND BY THE ADMINISTRATOR OF GENERAL SERVICES 

Sec. 

2901. Definitions. 

2902. Objectives of records management. 

2903. Custody and control of property. 

2904. General responsibilities of Administrator.1

2905. Establishment of standards for selective retention of records; security measures. 

2906. Inspection of agency records. 

2907. Records centers and centralized microfilming 

services. 

2908. Regulations. 

2909. Retention of records. 

2910. Preservation of Freedmen’s Bureau records. 

AMENDMENTS

2000—Pub. L. 106–444, §2(b), Nov. 6, 2000, 114 Stat. 1929, 

added item 2910. 

1984—Pub. L. 98–497, title I, §107(b)(18)(A), Oct. 19, 

1984, 98 Stat. 2290, inserted ‘‘THE ARCHIVIST OF THE 

UNITED STATES AND BY THE’’ in chapter heading. 

1976—Pub. L. 94–575, §2(b), Oct. 21, 1976, 90 Stat. 2726, 

substituted ‘‘Objectives of records management’’ for 

‘‘Records management, surveys, and reports’’ in item 

2902, ‘‘General responsibilities of Administrator’’ for 

‘‘Records management by Administrator; duties generally’’ in item 2904, ‘‘Inspection of agency records’’ for 

‘‘Personal inspection and survey of records’’ in item 

2906, ‘‘Records centers and centralized microfilming 

services’’ for ‘‘Records centers for storage, process, and 

servicing of records’’ in item 2907, reenacted without 

change items 2901, 2903, 2905, 2908, and 2909, and struck 

out item 2910 ‘‘Final authority of Administrator in 

records practices’’. 

§ 2901. Definitions 

As used in this chapter, and chapters 21, 25, 31, 

and 33 of this title— 

(1) the term ‘‘records’’ has the meaning 

given it by section 3301 of this title; 

(2) the term ‘‘records management’’ means 

the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to 

records creation, records maintenance and 

use, and records disposition in order to 

achieve adequate and proper documentation of 

the policies and transactions of the Federal 

Government and effective and economical 

management of agency operations; 

(3) the term ‘‘records creation’’ means the 

production or reproduction of any record; 

(4) the term ‘‘records maintenance and use’’ 

means any activity involving— 

(A) location of records of a Federal agency; 

(B) storage, retrieval, and handling of 

records kept at office file locations by or for 

a Federal agency; 

(C) processing of mail by a Federal agency; 

or 

(D) selection and utilization of equipment 

and supplies associated with records and 

copying; 

(5) the term ‘‘records disposition’’ means any 

activity with respect to— 

(A) disposal of temporary records no 

longer necessary for the conduct of business 

by destruction or donation; 

(B) transfer of records to Federal agency 

storage facilities or records centers; 

(C) transfer to the National Archives of 

the United States of records determined to 

have sufficient historical or other value to 

warrant continued preservation; or 

(D) transfer of records from one Federal 

agency to any other Federal agency; 

(6) the term ‘‘records center’’ means an establishment maintained and operated by the 

Archivist or by another Federal agency primarily for the storage, servicing, security, and 

processing of records which need to be preserved for varying periods of time and need 

not be retained in office equipment or space; 

(7) the term ‘‘records management study’’ 

means an investigation and analysis of any 

Federal agency records, or records management practices or programs (whether manual 

or automated), with a view toward rendering 

findings and recommendations with respect 

thereto; 

(8) the term ‘‘inspection’’ means reviewing 

any Federal agency’s records or records management practices or programs with respect to 

effectiveness and compliance with records 

management laws and making necessary recommendations for correction or improvement 

of records management; 

(9) the term ‘‘servicing’’ means making 

available for use information in records and 

other materials in the custody of the Archivist, or in a records center— 

(A) by furnishing the records or other materials, or information from them, or copies 

or reproductions thereof, to any Federal 

agency for official use, or to the public; or 

(B) by making and furnishing authenticated or unauthenticated copies or reproductions of the records or other materials; 

(10) the term ‘‘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; 

(11) the term ‘‘National Archives of the 

United States’’ means those official records 

which have been determined by the Archivist 

of the United States to have sufficient historical or other value to warrant their continued 

preservation by the Federal Government, and 

which have been accepted by the Archivist for 

deposit in his custody; 

(12) the term ‘‘Archivist’’ means the Archivist of the United States; 

(13) the term ‘‘executive agency’’ shall have 

the meaning given such term by section 102 of 

title 40; 

(14) the term ‘‘Federal agency’’ means any 

executive agency or any establishment in the 

legislative or judicial branch of the Government (except the Supreme Court, the Senate, 

the House of Representatives, and the Architect of the Capitol and any activities under 

the direction of the Architect of the Capitol); 

and 

(15) the term ‘‘Administrator’’ means the 

Administrator of General Services. 

(Added Pub. L. 94–575, §2(a)(1), Oct. 21, 1976, 90 

Stat. 2723; amended Pub. L. 98–497, title I, 

§ 2902 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 92 

§107(b)(13), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 

107–217, §3(l)(2), Aug. 21, 2002, 116 Stat. 1301.) 

PRIOR PROVISIONS

A prior section 2901, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1295, related to definitions, prior to repeal by Pub. 

L. 94–575, §2(a)(1). 

AMENDMENTS

2002—Par. (13). Pub. L. 107–217 substituted ‘‘section 

102 of title 40’’ for ‘‘section 3(a) of the Federal Property 

and Administrative Services Act of 1949 (40 U.S.C. 

472(a))’’. 

1984—Pub. L. 98–497, §107(b)(13)(A), struck out reference to chapter 27 in provisions preceding par. (1). 

Par. (2). Pub. L. 98–497, §107(b)(13)(B), inserted ‘‘in 

order to achieve adequate and proper documentation of 

the policies and transactions of the Federal Government and effective and economical management of 

agency operations’’. 

Pars. (6), (9), (11). Pub. L. 98–497, §107(b)(13)(C), substituted ‘‘Archivist’’ for ‘‘Administrator’’. 

Par. (12). Pub. L. 98–497, §107(b)(13)(D), substituted 

‘‘Archivist’’ and ‘‘Archivist of the United States’’ for 

‘‘Administrator’’ and ‘‘Administrator of General Services’’, respectively. See par. (15) of this section. 

Par. (13). Pub. L. 98–497, §107(b)(13)(D), struck out references to ‘‘Federal agency’’ and to subsec. (b) of section 3 of the Federal Property and Administrative 

Services Act of 1949. See par. (14) of this section. 

Pars. (14), (15). Pub. L. 98–497, §107(b)(13)(D), added 

pars. (14) and (15). 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

RECORDS CENTER REVOLVING FUND

Pub. L. 106–58, title IV, [(a)–(e)], Sept. 29, 1999, 113 

Stat. 460, 461, as amended by Pub. L. 108–383, §3, Oct. 30, 

2004, 118 Stat. 2218, provided that: 

‘‘(a) ESTABLISHMENT OF FUND.—There is hereby established in the Treasury a revolving fund to be available 

for expenses (including expenses for uniforms or allowances for uniforms as authorized by subchapter I of 

chapter 59 of title 5 [United States Code]) and equipment necessary to provide for storage and related services for all temporary and pre-archival Federal records, 

which are to be stored or stored at Federal National 

and Regional Records Centers by agencies and other instrumentalities of the Federal Government. The Fund 

shall be available without fiscal year limitation for expenses necessary for operation of these activities. 

‘‘(b) START-UP CAPITAL.— 

‘‘(1) There is appropriated $22,000,000 as initial capitalization of the Fund. 

‘‘(2) In addition, the initial capital of the Fund 

shall include the fair and reasonable value at the 

Fund’s inception of the inventories, equipment, receivables, and other assets, less the liabilities, transferred to the Fund. The Archivist of the United 

States is authorized to accept inventories, equipment, receivables and other assets from other Federal 

entities that were used to provide for storage and related services for temporary and pre-archival Federal 

records. 

‘‘(c) USER CHARGES.—The Fund shall be credited with 

user charges received from other Federal Government 

accounts as payment for providing personnel, storage, 

materials, supplies, equipment, and services as authorized by subsection (a). Such payments may be made in 

advance or by way of reimbursement. The rates 

charged will return in full the expenses of operation, 

including reserves for accrued annual leave, worker’s 

compensation, depreciation of capitalized equipment 

and shelving, and amortization of information technology software and systems. 

‘‘(d) FUNDS RETURNED TO MISCELLANEOUS RECEIPTS OF

THE DEPARTMENT OF THE TREASURY.— 

‘‘(1) In addition to funds appropriated to and assets 

transferred to the Fund in subsection (b), an amount 

not to exceed 4 percent of the total annual income 

may be retained in the Fund as an operating reserve 

or for the replacement or acquisition of capital equipment, including shelving, and the improvement and 

implementation of the financial management, information technology, and other support systems of the 

National Archives and Records Administration. 

‘‘(2) Funds in excess of the 4 percent at the close of 

each fiscal year shall be returned to the Treasury of 

the United States as miscellaneous receipts. 

‘‘(e) REPORTING REQUIREMENT.—The National Archives and Records Administration shall provide quarterly reports to the Committees on Appropriations and 

Governmental Affairs of the Senate, and the Committees on Appropriations and Government Reform [now 

Oversight and Government Reform] of the House of 

Representatives on the operation of the Records Center 

Revolving Fund.’’ 

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT

EFFECT ON AUTHORITIES AND RESPONSIBILITIES OF

ADMINISTRATOR OF GENERAL SERVICES, JOINT COMMITTEE, OR GOVERNMENT PRINTING OFFICE

Section 5 of Pub. L. 94–575 provided that: 

‘‘(a) The provisions of this Act [see Short Title of 1976 

Amendment note set out under section 101 of this title] 

relating to the authority of the Administrator of General Services do not limit or repeal additional authorities provided by statute or otherwise recognized by law. 

‘‘(b) The provisions of this Act do not limit or repeal 

the authority or responsibilities of the Joint Committee on Printing or the Government Printing Office 

under chapters 1 through 19 of title 44, United States 

Code.’’ 

§ 2902. Objectives of records management 

It is the purpose of this chapter, and chapters 

21, 31, and 33 of this title, to require the establishment of standards and procedures to assure 

efficient and effective records management. 

Such records management standards and procedures shall seek to implement the following 

goals: 

(1) Accurate and complete documentation of 

the policies and transactions of the Federal 

Government. 

(2) Control of the quantity and quality of 

records produced by the Federal Government. 

(3) Establishment and maintenance of mechanisms of control with respect to records creation in order to prevent the creation of unnecessary records and with respect to the effective and economical operations of an agency. 

(4) Simplification of the activities, systems, 

and processes of records creation and of 

records maintenance and use. 

(5) Judicious preservation and disposal of 

records. 

(6) Direction of continuing attention on 

records from their initial creation to their 

final disposition, with particular emphasis on 

the prevention of unnecessary Federal paperwork. 

(7) Establishment and maintenance of such 

other systems or techniques as the Administrator or the Archivist considers necessary to 

carry out the purposes of this chapter, and 

chapters 21, 31, and 33 of this title. 

(Added Pub. L. 94–575, §2(a)(1), Oct. 21, 1976, 90 

Stat. 2724; amended Pub. L. 98–497, title I, 

§107(b)(14), Oct. 19, 1984, 98 Stat. 2288.) 

Page 93 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2904 

PRIOR PROVISIONS

A prior section 2902, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1296, related to activities of the Administrator of 

General Services with respect to records management, 

surveys, and reports, prior to repeal by Pub. L. 94–575, 

§2(a)(1). See section 2904 of this title. 

AMENDMENTS

1984—Par. (7). Pub. L. 98–497 inserted ‘‘or the Archivist’’ after ‘‘Administrator’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2903. Custody and control of property 

(a) The Archivist 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. 

(b) When the Archivist considers it to be in 

the public interest, the Archivist may charge 

and collect reasonable fees from the public for 

the occasional, non-official use of rooms and 

spaces, and services related to such use, in the 

buildings subject to this section. Fees collected 

under this subsection shall be paid into an account in the National Archives Trust Fund and 

shall be held, administered, and expended for the 

benefit and in the interest of the national archival and records activities administered by the 

National Archives and Records Administration, 

including educational and public program purposes. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. 

L. 98–497, title I, §107(b)(15)(A), Oct. 19, 1984, 98 

Stat. 2288; Pub. L. 108–383, §4(b), Oct. 30, 2004, 118 

Stat. 2218.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §392 (June 30, 1949, ch. 

288, title V, §502, as added Sept. 5, 1950, ch. 849, §6(d), 64 

Stat. 583). 

AMENDMENTS

2004—Pub. L. 108–383 designated existing provisions as 

subsec. (a) and added subsec. (b). 

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2904. General responsibilities for records management 

(a) The Archivist shall provide guidance and 

assistance to Federal agencies with respect to 

ensuring adequate and proper documentation of 

the policies and transactions of the Federal Government and ensuring proper records disposition. 

(b) The Administrator shall provide guidance 

and assistance to Federal agencies to ensure economical and effective records management by 

such agencies. 

(c) In carrying out their responsibilities under 

subsection (a) or (b), respectively, the Archivist 

and the Administrator shall each have the responsibility— 

(1) to promulgate standards, procedures, and 

guidelines with respect to records management and the conduct of records management 

studies; 

(2) to conduct research with respect to the 

improvement of records management practices and programs; 

(3) to collect and disseminate information on 

training programs, technological developments, and other activities relating to records 

management; 

(4) to establish such interagency committees 

and boards as may be necessary to provide an 

exchange of information among Federal agencies with respect to records management; 

(5) to direct the continuing attention of Federal agencies and the Congress on the need for 

adequate policies governing records management; 

(6) to conduct records management studies 

and, in his discretion, designate the heads of 

executive agencies to conduct records management studies with respect to establishing systems and techniques designed to save time and 

effort in records management; 

(7) to conduct inspections or surveys of the 

records and the records management programs 

and practices within and between Federal 

agencies; 

(8) to report to the appropriate oversight and 

appropriations committees of the Congress 

and to the Director of the Office of Management and Budget in January of each year and 

at such other times as the Archivist or the Administrator (as the case may be) deems desirable— 

(A) on the results of activities conducted 

pursuant to paragraphs (1) through (7) of 

this section, 

(B) on evaluations of responses by Federal 

agencies to any recommendations resulting 

from inspections or studies conducted under 

paragraphs (6) and (7) of this section, and 

(C) to the extent practicable, estimates of 

costs to the Federal Government resulting 

from the failure of agencies to implement 

such recommendations. 

(d) In addition, the Administrator, in carrying 

out subsection (b), shall have the responsibility 

to promote economy and efficiency in the selection and utilization of space, staff, equipment, 

and supplies for records management. 

(Added Pub. L. 94–575, §2(a)(2), Oct. 21, 1976, 90 

Stat. 2725; amended Pub. L. 96–511, §2(c)(1), Dec. 

11, 1980, 94 Stat. 2825; Pub. L. 98–497, title I, 

§107(b)(16), Oct. 19, 1984, 98 Stat. 2288.) 

PRIOR PROVISIONS

A prior section 2904, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1296, contained provisions similar to those comprising pars. (1) and (2) of this section, prior to repeal 

by Pub. L. 94–575, §2(a)(2). 

Provisions similar to those comprising pars. (8) to 

(10) of this section were contained in section 2902, Pub. 

L. 90–620, Oct. 22, 1968, 82 Stat. 1296, prior to repeal by 

Pub. L. 94–575, §2(a)(1). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘for records management’’ for ‘‘of Administrator’’ in section catchline. 

§ 2905 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 94 

Subsec. (a). Pub. L. 98–497 designated existing first 

sentence as subsec. (a) and substituted ‘‘Archivist’’ for 

‘‘Administrator’’ and ‘‘ensuring adequate and proper 

documentation of the policies and transactions of the 

Federal Government and ensuring proper records disposition’’ for ‘‘records creation, records maintenance 

and use, and records disposition’’. 

Subsec. (b). Pub. L. 98–497 added subsec. (b). 

Subsec. (c). Pub. L. 98–497 designated existing second 

sentence as subsec. (c), substituted ‘‘In carrying out 

the responsibilities under subsection (a) or (b), respectively’’ for ‘‘In providing such guidance and assistance,’’, and inserted reference to Archivist in text preceding par. (1). 

Subsec. (c)(1). Pub. L. 98–497 redesignated par. (2) as 

(1). Provisions contained in former par. (1) are now contained substantially in subsec. (d). 

Subsec. (c)(2). Pub. L. 98–497 redesignated par. (3) as 

(2). Former par. (2) redesignated (1). 

Subsec. (c)(3). Pub. L. 98–497 redesignated par. (6) as 

(3) and inserted ‘‘to collect and’’, ‘‘training programs’’, 

and ‘‘other activities’’. Former par. (3) redesignated (2). 

Subsec. (c)(4). Pub. L. 98–497 redesignated par. (5) as 

(4). Former par. (4), which read ‘‘serve as a clearinghouse for information with respect to records management and as a central source for reference and training 

materials with respect to records management’’, was 

struck out. 

Subsec. (c)(5). Pub. L. 98–497 redesignated par. (7) as 

(5) and struck out ‘‘the burden placed on the Federal 

Government by unnecessary paperwork’’ after ‘‘Congress on’’, ‘‘creation’’ before ‘‘maintenance’’, and ‘‘and 

use, and disposition’’ after ‘‘maintenance’’. Former par. 

(5) redesignated (4). 

Subsec. (c)(6). Pub. L. 98–497 redesignated par. (8) as 

(6) and struck out ‘‘with particular attention given to 

standards and procedures governing records creation’’ 

at end. Former par. (6) redesignated (3). 

Subsec. (c)(7). Pub. L. 98–497 redesignated par. (9) as 

(7) and substituted ‘‘surveys of the records and the 

records management programs and practices within 

and between Federal agencies’’ for ‘‘records management studies which involve a review of the programs 

and practices of more than one Federal agency and 

which examine interaction among and relationships between Federal agencies with respect to records and 

records management’’. Former par. (7) redesignated (5). 

Subsec. (c)(8). Pub. L. 98–497 redesignated par. (10) as 

(8) and inserted ‘‘in January of each year’’, ‘‘the Archivist or’’, and substituted ‘‘(7)’’ for ‘‘(9)’’ and ‘‘(6)’’ and 

‘‘(7)’’ for ‘‘(8)’’ and ‘‘(9)’’, respectively, in subpars. (A) 

and (B). 

Subsec. (c)(9), (10). Pub. L. 98–497 redesignated pars. 

(9) and (10) as (7) and (8), respectively. 

Subsec. (d). Pub. L. 98–497 added subsec. (d). 

1980—Par. (10). Pub. L. 96–511 prescribed that the report be to appropriate oversight and appropriations 

committees, incorporated existing provisions in cls. (A) 

and (B) and added cl. (C). 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EFFECTIVE DATE OF 1980 AMENDMENT

Section 5 of Pub. L. 96–511 provided: ‘‘This Act [enacting chapter 35 of this title, amending this section, section 2905 of this title, section 5315 of Title 5, Government Organization and Employees, section 1221–3 of 

Title 20, Education, section 1211 of Title 30, Mineral 

Lands and Mining, and section 292h of Title 42, The 

Public Health and Welfare, and enacting provisions set 

out as notes under sections 101 and 3503 of this title] 

shall take effect on April 1, 1981.’’ 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

of law requiring submittal to Congress of any annual, 

semiannual, or other regular periodic report listed in 

House Document No. 103–7 (in which a report to appropriate oversight and appropriations committees of Congress under subsec. (c)(8) of this section is listed as the 

9th item on page 173 and as the 5th item on page 180), 

see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, §1402(1)] of Pub. L. 106–554, set out 

as notes under section 1113 of Title 31, Money and Finance. 

§ 2905. Establishment of standards for selective 

retention of records; security measures 

(a) The Archivist 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. He 

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, 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. In any case in which the head of the agency 

does not initiate an action for such recovery or 

other redress within a reasonable period of time 

after being notified of any such unlawful action, 

the Archivist shall request the Attorney General 

to initiate such an action, and shall notify the 

Congress when such a request has been made. 

(b) The Archivist shall assist the Administrator for the Office of Information and Regulatory Affairs in conducting studies and developing standards relating to record retention requirements imposed on the public and on State 

and local governments by Federal agencies. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. 

L. 96–511, §2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. 

L. 98–497, title I, §107(b)(15)(B), title II, §203(a), 

Oct. 19, 1984, 98 Stat. 2288, 2294.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §395(b) (June 30, 1949, 

ch. 288, title V, §505(b), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–497, §107(b)(15)(B), substituted ‘‘Archivist’’ for ‘‘Administrator of General 

Services’’. 

Pub. L. 98–497, §203(a), inserted ‘‘In any case in which 

the head of the agency does not initiate an action for 

such recovery or other redress within a reasonable period of time after being notified of any such unlawful 

action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the 

Congress when such a request has been made.’’ 

Subsec. (b). Pub. L. 98–497, §107(b)(15)(B), substituted 

‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

1980—Pub. L. 96–511 designated existing provisions as 

subsec. (a) and added subsec. (b). 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–511 effective on Apr. 1, 1981, 

see section 5 of Pub. L. 96–511, set out as a note under 

section 2904 of this title. 

§ 2906. Inspection of agency records 

(a)(1) In carrying out their respective duties 

and responsibilities under this chapter, the AdVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00102 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 95 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2909 

ministrator of General Services and the Archivist (or the designee of either) may inspect the 

records or the records management practices 

and programs of any Federal agency solely for 

the purpose of rendering recommendations for 

the improvement of records management practices and programs. Officers and employees of 

such agencies shall cooperate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this subsection. 

(2) Records, the use of which is restricted by 

law or for reasons of national security or the 

public interest, shall be inspected, in accordance 

with regulations promulgated by the Administrator and the Archivist, subject to the approval 

of the head of the agency concerned or of the 

President. The regulations promulgated by the 

Administrator and the Archivist under this 

paragraph shall, to the extent practicable, be 

identical. 

(3) If the Administrator or the Archivist (or 

the designee of either) inspects a record, as provided in this subsection, which is contained in a 

system of records which is subject to section 

552a of title 5, such record shall be— 

(A) maintained by the Administrator, the 

Archivist, or such designee as a record contained in a system of records; or 

(B) deemed to be a record contained in a system of records for purposes of subsections (b), 

(c), and (i) of section 552a of title 5. 

(b) In conducting the inspection of agency 

records provided for in subsection (a) of this section, the Administrator and the Archivist (or 

the designee of either) shall, in addition to complying with the provisions of law cited in subsection (a)(3), comply with all other Federal 

laws and be subject to the sanctions provided 

therein. 

(Added Pub. L. 94–575, §2(a)(3), Oct. 21, 1976, 90 

Stat. 2725; amended Pub. L. 98–497, title I, 

§107(b)(17), Oct. 19, 1984, 98 Stat. 2289.) 

PRIOR PROVISIONS

A prior section 2906, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1297, contained provisions similar to those comprising subsec. (a)(1) and (2) of this section, prior to repeal by Pub. L. 94–575, §2(a)(3). 

AMENDMENTS

1984—Pub. L. 98–497 inserted reference to Archivist in 

four places in subsecs. (a) and (b) and inserted at end of 

subsec. (b)(2) ‘‘The regulations promulgated by the Administrator and the Archivist under this paragraph 

shall, to the extent practicable, be identical.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2907. Records centers and centralized microfilming services 

The Archivist may establish, maintain, and 

operate records centers and centralized microfilming services for Federal agencies. 

(Added Pub. L. 94–575, §2(a)(3), Oct. 21, 1976, 90 

Stat. 2726; amended Pub. L. 98–497, title I, 

§107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288.) 

PRIOR PROVISIONS

A prior section 2907, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1297, contained provisions similar to those comprising this section, prior to repeal by Pub. L. 94–575, 

§2(a)(3). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2908. Regulations 

Subject to applicable law, the Archivist shall 

promulgate regulations governing the transfer 

of records from the custody of one executive 

agency to that of another. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub. 

L. 98–497, title I, §107(b)(15)(B), Oct. 19, 1984, 98 

Stat. 2288.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §395(e) (June 30, 1949, 

ch. 288, title V, §505(e), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2909. Retention of records 

The Archivist may empower a Federal agency 

to retain records for a longer period than that 

specified in disposal schedules, and may withdraw disposal authorizations covering records 

listed in disposal schedules. The Archivist shall 

promulgate regulations in accordance with section 2104(a) of this title to implement this section. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub. 

L. 91–287, §4, June 23, 1970, 84 Stat. 322; Pub. L. 

98–497, title I, §107(b)(15)(B), Oct. 19, 1984, 98 Stat. 

2288; Pub. L. 108–383, §2(a), Oct. 30, 2004, 118 Stat. 

2218.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §395(f) (June 30, 1949, 

ch. 288, title V, §505(f), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

2004—Pub. L. 108–383 struck out ‘‘, upon the submission of evidence of need,’’ after ‘‘Federal agency’’, substituted ‘‘, and’’ for ‘‘; and, in accordance with regulations promulgated by him,’’, and inserted at end ‘‘The 

Archivist shall promulgate regulations in accordance 

with section 2104(a) of this title to implement this section.’’ 

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

1970—Pub. L. 91–287 struck out ‘‘approved by Congress’’ after ‘‘disposal schedules’’ in two places. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 2910 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 96 

§ 2910. Preservation of Freedmen’s Bureau 

records 

The Archivist shall preserve the records of the 

Bureau of Refugees, Freedmen, and Abandoned 

Lands, commonly referred to as the ‘‘Freedmen’s Bureau’’, by using— 

(1) microfilm technology for preservation of 

the documents comprising these records so 

that they can be maintained for future generations; and 

(2) the results of the pilot project with the 

University of Florida to create future partnerships with Howard University and other institutions for the purposes of indexing these 

records and making them more easily accessible to the public, including historians, genealogists, and students, and for any other purposes determined by the Archivist. 

(Added Pub. L. 106–444, §2(a), Nov. 6, 2000, 114 

Stat. 1929.) 

PRIOR PROVISIONS

A prior section 2910, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1297, provided for final authority of Administrator in records practices, prior to repeal by Pub. L. 

94–575, §2(a)(4), Oct. 21, 1976, 90 Stat. 2726. 

CHAPTER 31—RECORDS MANAGEMENT BY 

FEDERAL AGENCIES 

Sec. 

3101. Records management by agency heads; general duties. 

3102. Establishment of program of management. 

3103. Transfer of records to records centers. 

3104. Certifications and determinations on transferred records. 

3105. Safeguards. 

3106. Unlawful removal, destruction of records. 

3107. Authority of Comptroller General. 

AMENDMENTS

1976—Pub. L. 94–575, §3(b), Oct. 21, 1976, 90 Stat. 2727, 

substituted ‘‘Transfer of records to records centers’’ for 

‘‘Storage, processing, and servicing of records’’ in item 

3103. 

§ 3101. Records management by agency heads; 

general duties 

The head of each Federal agency shall make 

and preserve records containing adequate 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §396(a) (June 30, 1949, 

ch. 288, title V, §506(a), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

§ 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 and 

over the maintenance and use of records in the 

conduct of current business; 

(2) cooperation with the Administrator of 

General Services and the Archivist 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 2101–2117, 

2501–2507, 2901–2909, and 3101–3107, of this title 

and the regulations issued under them. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. 

L. 94–575, §3(a)(1), (2), Oct. 21, 1976, 90 Stat. 2726; 

Pub. L. 98–497, title I, §107(b)(19), Oct. 19, 1984, 98 

Stat. 2290.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §396(b) (June 30, 1949, 

ch. 288, title V, §506(b), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

1984—Pars. (2), (3). Pub. L. 98–497 inserted ‘‘and the 

Archivist’’ after ‘‘Administrator of General Services’’ 

in par. (2), and substituted ‘‘sections 2101–2117’’ for 

‘‘sections 2101–2113’’ and struck out ‘‘2701,’’ before 

‘‘2901’’ in par. (3). 

1976—Pub. L. 94–575, §3(a)(1), (2), substituted in par. 

(1) ‘‘the creation and over the maintenance’’ for ‘‘the 

creation, maintenance,’’ and in par. (3) reference to sections ‘‘2901–2909’’ for ‘‘2901, 2903–2909’’ of this title. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3103. Transfer of records to records centers 

When the head of a Federal agency determines 

that such action may affect substantial economies or increased operating efficiency, he shall 

provide for the transfer of records to a records 

center maintained and operated by the Archivist, or, when approved by the Archivist, to a 

center maintained and operated by the head of 

the Federal agency. 

(Added Pub. L. 94–575, §3(a)(3), Oct. 21, 1976, 90 

Stat. 2726; amended Pub. L. 98–497, title I, 

§107(b)(20), Oct. 19, 1984, 98 Stat. 2290.) 

PRIOR PROVISIONS

A prior section 3103, Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1298, contained provisions similar to those comprising this section, prior to repeal by Pub. L. 94–575, 

§3(a)(3). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 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 Archivist, and may authorVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00104 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 97 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3107 

1See References in Text note below. 

1 Does not conform to section catchline. 

ize the Archivist to certify to facts and to make 

administrative determinations on the basis of 

records transferred to the Archivist, notwithstanding any other law. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. 

L. 98–497, title I, §107(b)(21), Oct. 19, 1984, 98 Stat. 

2290.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §396(d) (June 30, 1949, 

ch. 288, title V, §506(d), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583, and amended Feb. 5, 1964, Pub. L. 

88–265, 78 Stat. 8). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ and ‘‘Archivist’’ for 

‘‘Administrator’’ wherever appearing. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 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 Archivist. 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 3301–3314 of this title, 

and 

(2) the penalties provided by law for the unlawful removal or destruction of records. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. 

L. 98–497, title I, §107(b)(22), Oct. 19, 1984, 98 Stat. 

2290.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §396(e) (June 30, 1949, 

ch. 288, title V, §506(e), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3106. Unlawful removal, destruction of records 

The head of each Federal agency shall notify 

the Archivist 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 Archivist 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. In any case in which 

the head of the agency does not initiate an action for such recovery or other redress within a 

reasonable period of time after being notified of 

any such unlawful action, the Archivist shall request the Attorney General to initiate such an 

action, and shall notify the Congress when such 

a request has been made. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. 

L. 98–497, title I, §107(b)(21), title II, §203(b), Oct. 

19, 1984, 98 Stat. 2290, 2294.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §396(f) (June 30, 1949, 

ch. 288, title V, §506(f), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

AMENDMENTS

1984—Pub. L. 98–497, §107(b)(21), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ and ‘‘Archivist’’ for ‘‘Administrator’’. 

Pub. L. 98–497, §203(b), inserted at end ‘‘In any case in 

which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney 

General to initiate such an action, and shall notify the 

Congress when such a request has been made.’’ 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3107. Authority of Comptroller General 

Chapters 21, 25, 27,1 29, and 31 of this title do 

not limit the authority of the Comptroller General of the United States with respect to prescribing accounting systems, forms, and procedures, or lessen the responsibility of collecting 

and disbursing officers for rendition of their accounts for settlement by the Government Accountability Office. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. 

L. 94–575, §3(a)(4), Oct. 21, 1976, 90 Stat. 2726; Pub. 

L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §396(g) (June 30, 1949, 

ch. 288, title V, §506(g), as added Sept. 5, 1950, ch. 849, 

§6(d), 64 Stat. 583). 

REFERENCES IN TEXT

Chapter 27 of this title, referred to in text, was repealed by Pub. L. 95–378, §2(a), Sept. 22, 1978, 92 Stat. 

723. 

AMENDMENTS

2004—Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’. 

1976—Pub. L. 94–575 substituted ‘‘Chapters 21, 25, 27, 

29, and 31 of this title’’ for ‘‘Sections 2101–2113, 

2501–2507, 2701, 2901, 2904–2910, and 3101–3107, of this 

title’’. 

CHAPTER 33—DISPOSAL OF RECORDS 

Sec. 

3301. Definition of records. 

3302. Regulations covering lists of records for disposal, procedure for disposal, and standards 

for reproduction. 

3303. Lists and schedules of records to be submitted 

to Archivist by head of each Government 

agency.1

3303a. Examination by Archivist of lists and schedules of records lacking preservation value; 

disposal of records. 

§ 3301 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 98 

[3304 to 3307. Repealed.] 

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

3309. Preservation of claims of Government until 

settled in Government Accountability Office; disposal authorized upon written approval of Comptroller General. 

3310. Disposal of records constituting menace to 

health, life, or property. 

3311. Destruction of records outside continental 

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

to Archivist. 

3312. Photographs or microphotographs of records 

considered as originals; certified reproductions admissible in evidence. 

3313. Moneys from sale of records payable into the 

Treasury. 

3314. Procedures for disposal of records exclusive. 

3315. Definitions. 

3316. Establishment of Commission. 

3317. Duties of Commission. 

3318. Membership. 

3319. Director and staff; experts and consultants. 

3320. Powers of Commission. 

3321. Support services. 

3322. Report. 

3323. Termination. 

3324. Authorization of appropriations. 

AMENDMENTS

2004—Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, 

substituted ‘‘Government Accountability Office’’ for 

‘‘General Accounting Office’’ in item 3309. 

1984—Pub. L. 98–497, title I, §107(b)(25)(D), Oct. 19, 

1984, 98 Stat. 2290, substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ in items 3303, 3303a, and 

3311. 

1976—Pub. L. 94–575, §4(c)(1), Oct. 21, 1976, 90 Stat. 

2727, struck out ‘‘; approval by President’’ after ‘‘standards for reproduction’’ in item 3302. 

1974—Pub. L. 93–526, title II, §203, Dec. 19, 1974, 88 

Stat. 1702, added items 3315 to 3324. 

1970—Pub. L. 91–287, §3, June 23, 1970, 84 Stat. 322, inserted item 3303a and struck out items 3304 ‘‘Lists and 

schedules of records lacking preservation value; submission to Congress by Administrator of General Services’’, 3305 ‘‘Examination of lists and schedules by joint 

congressional committee and report to Congress’’, 3306 

‘‘Disposal of records by head of Government agency 

upon notification by Administrator of General Services 

of action by joint congressional committee’’, and 3307 

‘‘Disposal of records upon failure of joint congressional 

committee to act’’. 

§ 3301. Definition of records 

As used in this chapter, ‘‘records’’ includes all 

books, papers, maps, photographs, machine 

readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the 

United States Government under Federal law or 

in connection with the transaction of public 

business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, 

or other activities of the Government or because 

of the informational value of data in them. Library and museum material made or acquired 

and preserved solely for reference or exhibition 

purposes, extra copies of documents preserved 

only for convenience of reference, and stocks of 

publications and of processed documents are not 

included. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. 

L. 94–575, §4(c)(2), Oct. 21, 1976, 90 Stat. 2727.) 

HISTORICAL AND REVISION NOTES

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

192, §1, 57 Stat. 380). 

AMENDMENTS

1976—Pub. L. 94–575 expanded ‘‘records’’ to include 

‘‘machine readable materials’’. 

§ 3302. Regulations covering lists of records for 

disposal, procedure for disposal, and standards for reproduction 

The Archivist shall promulgate regulations, 

not inconsistent with this chapter, establishing— 

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

proposed for disposal, 

(2) procedures for the disposal of records authorized for disposal, and 

(3) standards for the reproduction of records 

by photographic or microphotographic processes with a view to the disposal of the original records. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. 

L. 94–575, §4(c)(1), Oct. 21, 1976, 90 Stat. 2727; Pub. 

L. 98–497, title I, §107(b)(23), Oct. 19, 1984, 98 Stat. 

2290.) 

HISTORICAL AND REVISION NOTES

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

192, §2, 57 Stat. 381; June 30, 1949, ch. 288, title I, §104, 

63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

1976—Pub. L. 94–575 struck out ‘‘; approval by President’’ after ‘‘standards for reproduction’’ in section 

catchline. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3303. Lists and schedules of records to be submitted to the Archivist by head of each Government agency 

The head of each agency of the United States 

Government shall submit to the Archivist, 

under regulations promulgated as provided by 

section 3302 of this title— 

(1) lists of any records in the custody of the 

agency that have been photographed or microphotographed under the regulations and that, 

as a consequence, do not appear to have sufficient value to warrant their further preservation by the Government; 

(2) lists of other records in the custody of 

the agency not needed by it in the transaction 

of its current business and that do not appear 

to have sufficient administrative, legal, research, or other value to warrant their further 

preservation by the Government; and 

(3) schedules proposing the disposal after the 

lapse of specified periods of time of records of 

a specified form or character that either have 

accumulated in the custody of the agency or 

may accumulate after the submission of the 

schedules and apparently will not after the 

lapse of the period specified have sufficient adVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00106 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 99 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3303a 

ministrative, legal, research, or other value to 

warrant their further preservation by the Government. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. 

L. 98–497, title I, §107(b)(23), (25)(A), Oct. 19, 1984, 

98 Stat. 2290.) 

HISTORICAL AND REVISION NOTES

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

192, §3, 57 Stat. 381; June 30, 1949, ch. 288, title I, §104(a), 

63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘the Archivist’’ for 

‘‘Administrator of General Services’’ in section catchline, and ‘‘Archivist’’ for ‘‘Administrator of General 

Services’’ in text. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3303a. Examination by Archivist of lists and 

schedules of records lacking preservation 

value; disposal of records 

(a) The Archivist shall examine the lists and 

schedules submitted to him under section 3303 of 

this title. If the Archivist determines that any 

of the records listed in a list or schedule submitted to him do not, or will not after the lapse 

of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government, he may, after publication of notice in 

the Federal Register and an opportunity for interested persons to submit comment thereon— 

(1) notify the agency to that effect; and 

(2) empower the agency to dispose of those 

records in accordance with regulations promulgated under section 3302 of this title. 

(b) Authorizations granted under lists and 

schedules submitted to the Archivist under section 3303 of this title, and schedules promulgated by the Archivist under subsection (d) of 

this section, shall be mandatory, subject to section 2909 of this title. As between an authorization granted under lists and schedules submitted 

to the Archivist under section 3303 of this title 

and an authorization contained in a schedule 

promulgated under subsection (d) of this section, application of the authorization providing 

for the shorter retention period shall be required, subject to section 2909 of this title. 

(c) The Archivist may request advice and 

counsel from the Committee on Rules and Administration of the Senate and the Committee 

on House Oversight of the House of Representatives with respect to the disposal of any particular records under this chapter whenever he 

considers that— 

(1) those particular records may be of special 

interest to the Congress; or 

(2) consultation with the Congress regarding 

the disposal of those particular records is in 

the public interest. 

However, this subsection does not require the 

Archivist to request such advice and counsel as 

a regular procedure in the general disposal of 

records under this chapter. 

(d) The Archivist shall promulgate schedules 

authorizing the disposal, after the lapse of specified periods of time, of records of a specified 

form or character common to several or all 

agencies if such records will not, at the end of 

the periods specified, have sufficient administrative, legal, research, or other value to warrant 

their further preservation by the United States 

Government. 

(e) The Archivist may approve and effect the 

disposal of records that are in his legal custody, 

provided that records that had been in the custody of another existing agency may not be disposed of without the written consent of the head 

of the agency. 

(f) The Archivist shall make an annual report 

to the Congress concerning the disposal of 

records under this chapter, including general descriptions of the types of records disposed of and 

such other information as he considers appropriate to keep the Congress fully informed regarding the disposal of records under this chapter. 

(Added Pub. L. 91–287, §1, June 23, 1970, 84 Stat. 

320; amended Pub. L. 95–440, §1, Oct. 10, 1978, 92 

Stat. 1063; Pub. L. 98–497, title I, §107(b)(24), 

(25)(B), title II, §204, Oct. 19, 1984, 98 Stat. 2290, 

2294; Pub. L. 104–186, title II, §223(10), Aug. 20, 

1996, 110 Stat. 1752; Pub. L. 108–383, §2(b), Oct. 30, 

2004, 118 Stat. 2218.) 

AMENDMENTS

2004—Subsec. (d). Pub. L. 108–383 struck out at end ‘‘A 

Federal agency may request changes in such schedules 

for its records pursuant to section 2909 of this title.’’ 

1996—Subsec. (c). Pub. L. 104–186 substituted ‘‘House 

Oversight’’ for ‘‘House Administration’’. 

1984—Pub. L. 98–497, §107(b)(25)(B), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ in 

section catchline. 

Subsec. (a). Pub. L. 98–497, §107(b)(24), substituted 

‘‘Archivist’’ for ‘‘Administrator of General Services’’ 

and ‘‘Archivist’’ for ‘‘Administrator’’. 

Pub. L. 98–497, §204, inserted ‘‘, after publication of 

notice in the Federal Register and an opportunity for 

interested persons to submit comment thereon’’ after 

‘‘may’’ in second sentence. 

Subsecs. (b) to (f). Pub. L. 98–497, §107(b)(24)(B), substituted ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. 

1978—Subsec. (b). Pub. L. 95–440, §1(a), made schedules 

promulgated by Administrator under subsec. (d) of this 

section mandatory; inserted provision for application 

of authorization providing for shorter retention period 

as between an authorization granted under lists and 

schedules submitted under section 3303 of this title and 

an authorization in a schedule promulgated under subsec. (d) of this section; and struck out provision making permissive authorizations granted under subsec. (d) 

schedules. 

Subsec. (d). Pub. L. 95–440, §1(b), (c), substituted 

‘‘shall’’ for ‘‘may’’ in first sentence and authorized Federal agencies to request changes in disposal schedules 

for its records pursuant to section 2909 of this title. 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

[§§ 3304 to 3307 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 100 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting 

provisions in subsec. (f) of this section, see section 3003 

of Pub. L. 104–66, as amended, set out as a note under 

section 1113 of Title 31, Money and Finance, and the 7th 

item on page 180 of House Document No. 103–7. 

[§§ 3304 to 3307. Repealed. Pub. L. 91–287, § 2(c), 

June 23, 1970, 84 Stat. 321] 

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

related to submission of lists and schedules of records 

lacking preservation value by the Administrator of 

General Services to Congress. See section 3303a of this 

title. 

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

related to examination of lists and schedules by joint 

congressional committees and report to Congress. See 

section 3303a of this title. 

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

related to disposal of records by head of Government 

agency upon notification by Administrator of action by 

joint congressional committee. See section 3303a of this 

title. 

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

related to disposal of records upon failure of joint congressional committees to act. See section 3303a of this 

title. 

§ 3308. Disposal of similar records where prior 

disposal was authorized 

When it appears to the Archivist that an agency has in its custody, or is accumulating, 

records of the same form or character as those 

of the same agency previously authorized to be 

disposed of, he may empower the head of the 

agency to dispose of the records, after they have 

been in existence a specified period of time, in 

accordance with regulations promulgated under 

section 3302 of this title and without listing or 

scheduling them. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1301; Pub. 

L. 91–287, §2(a), June 23, 1970, 84 Stat. 321; Pub. 

L. 98–497, title I, §107(b)(23), Oct. 19, 1984, 98 Stat. 

2290.) 

HISTORICAL AND REVISION NOTES

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

192, §8, 57 Stat. 382; June 30, 1949, ch. 288, title I, §104(a), 

63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 

1970—Pub. L. 91–287 struck out ‘‘by Congress’’ after 

‘‘authorized’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3309. Preservation of claims of Government 

until settled in Government Accountability 

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 

this chapter, until the claims, demands, and accounts have been settled and adjusted in the 

Government Accountability Office, except upon 

the written approval of the Comptroller General 

of the United States. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1301; Pub. 

L. 91–287, §2(b), June 23, 1970, 84 Stat. 321; Pub. 

L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.) 

HISTORICAL AND REVISION NOTES

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

192, §9, 57 Stat. 382). 

AMENDMENTS

2004—Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’ in 

section catchline and text. 

1970—Pub. L. 91–287 substituted ‘‘under this chapter’’ 

for ‘‘under sections 3306–3308 of this title’’. 

§ 3310. Disposal of records constituting menace 

to health, life, or property 

When the Archivist and the head of the agency 

that has custody of them jointly determine that 

records in the custody of an agency of the 

United States Government are a continuing 

menace to human health or life or to property, 

the Archivist shall eliminate the menace immediately by any method he considers necessary. 

When records in the custody of the Archivist are 

disposed of under this section, the Archivist 

shall report their disposal to the agency from 

which they were transferred. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1301; Pub. 

L. 98–497, title I, §107(b)(24), Oct. 19, 1984, 98 Stat. 

2290.) 

HISTORICAL AND REVISION NOTES

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

192, §10, 57 Stat. 382; June 30, 1949, ch. 288, title I, 

§104(a), 63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ and ‘‘Archivist’’ for 

‘‘Administrator’’ wherever appearing. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 3311. Destruction of records outside continental 

United States in time of war or when hostile 

action seems imminent; written report to Archivist 

During a state of war between the United 

States and another nation, or when hostile action by a foreign power appears imminent, the 

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

in his legal custody situated in a military or 

naval establishment, ship, or other depository 

outside the territorial limits of continental 

United States— 

(1) the retention of which would be prejudicial to the interests of the United States or 

(2) which occupy space urgently needed for 

military purposes and are, in his opinion, 

without sufficient administrative, legal, research, or other value to warrant their continued preservation. 

Within six months after their disposal, the official who directed the disposal shall submit a 

Page 101 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3317 

1See References in Text note below. 

written report to the Archivist in which he shall 

describe the character of the records and state 

when and where he disposed of them. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1301; Pub. 

L. 98–497, title I, §107(b)(23), (25)(C), Oct. 19, 1984, 

98 Stat. 2290.) 

HISTORICAL AND REVISION NOTES

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

192, §11, 57 Stat. 382; June 30, 1949, ch. 288, title I, 

§104(a), 63 Stat. 381). 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ in section catchline 

and text. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of this title. 

§ 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. 

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

HISTORICAL AND REVISION NOTES

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

192, §13, 57 Stat. 382). 

§ 3313. Moneys from sale of records payable into 

the Treasury 

Moneys derived by agencies of the Government from the sale of records disposed of under 

this chapter shall be paid into the Treasury of 

the United States unless otherwise required by 

law. 

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

HISTORICAL AND REVISION NOTES

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

192, §14, 57 Stat. 383). 

§ 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. 

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

HISTORICAL AND REVISION NOTES

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

192, §15, 57 Stat. 383). 

§ 3315. Definitions 

For purposes of this section and section 3316 

through section 3324 of this title— 

(1) the term ‘‘Federal official’’ means any individual holding the office of President or Vice 

President of the United States, or Senator or 

Representative in, or Delegate or Resident 

Commissioner to, the Congress of the United 

States, or any officer of the executive, judicial, or legislative branch of the Federal Government; 

(2) the term ‘‘Commission’’ means the National Study Commission on Records and Documents of Federal Officials; and 

(3) the term ‘‘records and documents’’ shall 

include handwritten and typewritten documents, motion pictures, television tapes and 

recordings, magnetic tapes, automated data 

processing documentation in various forms, 

and other records that reveal the history of 

the Nation. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1698.) 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3316. Establishment of Commission 

There is established a commission to be 

known as the National Study Commission on 

Records and Documents of Federal Officials. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1699.) 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3317. Duties of Commission 

It shall be the duty of the Commission to 

study problems and questions with respect to 

the control, disposition, and preservation of 

records and documents produced by or on behalf 

of Federal officials, with a view toward the development of appropriate legislative recommendations and other recommendations regarding appropriate rules and procedures with 

respect to such control, disposition, and preservation. Such study shall include consideration 

of— 

(1) whether the historical practice regarding 

the records and documents produced by or on 

behalf of Presidents of the United States 

should be rejected or accepted and whether 

such practice should be made applicable with 

respect to all Federal officials; 

(2) the relationship of the findings of the 

Commission to the provisions of chapter 19 of 

this title, section 2101 through section 2108 1 of 

this title, and other Federal laws relating to 

the control, disposition, and preservation of 

records and documents of Federal officials; 

(3) whether the findings of the Commission 

should affect the control, disposition, and 

preservation of records and documents of 

agencies within the Executive Office of the 

President created for short-term purposes by 

the President; 

(4) the recordkeeping procedures of the 

White House Office, with a view toward estabVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00109 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 3318 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 102 

lishing means to determine which records and 

documents are produced by or on behalf of the 

President; 

(5) the nature of rules and procedures which 

should apply to the control, disposition, and 

preservation of records and documents produced by Presidential task forces, commissions, and boards; 

(6) criteria which may be used generally in 

determining the scope of materials which 

should be considered to be the records and documents of Members of the Congress; 

(7) the privacy interests of individuals whose 

communications with Federal officials, and 

with task forces, commissions, and boards, are 

a part of the records and documents produced 

by such officials, task forces, commissions, 

and boards; and 

(8) any other problems, questions, or issues 

which the Commission considers relevant to 

carrying out its duties under section 3315 

through section 3324 of this title. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1699.) 

REFERENCES IN TEXT

Sections 2103 through 2108 of this title, referred to in 

par. (2), were renumbered as sections 2107 through 2112 

of this title by Pub. L. 98–497, title I, §102(a)(1), Oct. 19, 

1984, 98 Stat. 2280. 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3318. Membership 

(a)(1) The Commission shall be composed of 

seventeen members as follows: 

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

upon recommendation made by the majority 

leader of the House; 

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

upon recommendation made by the minority 

leader of the House; 

(C) one Member of the Senate appointed by 

the President pro tempore of the Senate upon 

recommendation made by the majority leader 

of the Senate; 

(D) one Member of the Senate appointed by 

the President pro tempore of the Senate upon 

recommendation made by the minority leader 

of the Senate; 

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

States; 

(F) one person employed by the Executive 

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

(G) three appointed by the President, by and 

with the advice and consent of the Senate, 

from persons who are not officers or employees of any government and who are specially 

qualified to serve on the Commission by virtue 

of their education, training, or experience; 

(H) one representative of the Department of 

State, appointed by the Secretary of State; 

(I) one representative of the Department of 

Defense, appointed by the Secretary of Defense; 

(J) one representative of the Department of 

Justice, appointed by the Attorney General; 

(K) the Administrator of General Services 

(or his delegate); 

(L) the Librarian of Congress; 

(M) one member of the American Historical 

Association, appointed by the counsel of such 

Association; 

(N) one member of the Society of American 

Archivists, appointed by such Society; and 

(O) one member of the Organization of 

American Historians, appointed by such Organization. 

(2) No more than two members appointed 

under paragraph (1)(G) may be of the same political party. 

(b) A vacancy in the Commission shall be 

filled in the manner in which the original appointment was made. 

(c) If any member of the Commission who was 

appointed to the Commission as a Member of the 

Congress leave such office, or if any member of 

the Commission who was appointed from persons who are not officers or employees of any 

government becomes an officer or employee of a 

government, he may continue as a member of 

the Commission for no longer than the sixty-day 

period beginning on the date he leaves such office or becomes such an officer or employee, as 

the case may be. 

(d) Members shall be appointed for the life of 

the Commission. 

(e)(1) Members of the Commission shall serve 

without pay. 

(2) While away from their homes or regular 

places of business in the performance of services 

for the Commission, members of the Commission shall be allowed travel expenses in the same 

manner as persons employed intermittently in 

the service of the Federal Government are allowed expenses under section 5703 of title 5, 

United States Code, except that per diem in lieu 

of subsistence shall be paid only to those members of the Commission who are not full-time officers or employees of the United States or 

Members of the Congress. 

(f) The Chairman of the Commission shall be 

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

(g) The Commission shall meet at the call of 

the Chairman or a majority of its members. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1699; amended Pub. L. 94–261, §1(a), Apr. 

11, 1976, 90 Stat. 326.) 

AMENDMENTS

1976—Subsec. (a)(1)(E). Pub. L. 94–261, §1(a)(1), substituted ‘‘one member of the Federal judiciary appointed by the Chief Justice of the United States;’’ for 

‘‘one Justice of the Supreme Court, appointed by the 

Chief Justice of the United States;’’. 

Subsec. (e)(2). Pub. L. 94–261, §1(a)(2), substituted 

‘‘section 5703 of title 5, United States Code’’ for ‘‘section 5703(b) of title 5, United States Code’’. 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

Page 103 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3324 

§ 3319. Director and staff; experts and consultants 

(a) The Commission shall appoint a Director 

who shall be paid at a rate not to exceed the 

rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). 

(b) The Commission may appoint and fix the 

pay of such additional personnel as it deems 

necessary. 

(c)(1) The Commission may procure temporary 

and intermittent services to the same extent as 

is authorized by section 3109(b) of title 5, United 

States Code, but at rates for individuals not to 

exceed the daily equivalent of the annual rate of 

basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). 

(2) In procuring services under this subsection, 

the Commission shall seek to obtain the advice 

and assistance of constitutional scholars and 

members of the historical, archival, and journalistic professions. 

(d) Upon request of the Commission, the head 

of any Federal agency is authorized to detail, on 

a reimbursable basis, any of the personnel of 

such agency to the Commission to assist it in 

carrying out its duties under sections 3315 

through 3324 of this title. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1701.) 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3320. Powers of Commission 

(a) The Commission may, for the purpose of 

carrying out its duties under sections 3315 

through 3324 of this title, hold such hearings, sit 

and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem desirable. 

(b) When so authorized by the Commission, 

any member or agent of the Commission may 

take any action which the Commission is authorized to take by this section. 

(c) The Commission may secure directly from 

any department or agency of the United States 

information necessary to enable the Commission 

to carry out its duties under section 3315 

through section 3324 of this title. Upon request 

of the Chairman of the Commission, the head of 

such department or agency shall furnish such information to the Commission. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1701.) 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3321. Support services 

(a) The Administrator of General Services 

shall provide to the Commission on a reimbursable basis such administrative support services 

and assistance as the Commission may request. 

(b) The Archivist of the United States shall 

provide to the Commission on a reimbursable 

basis such technical and expert advice, consultation, and support assistance as the Commission 

may request. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1701.) 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3322. Report 

The Commission shall transmit to the President and to each House of the Congress a report 

not later than March 31, 1977. Such report shall 

contain a detailed statement of the findings and 

conclusions of the Commission, together with 

its recommendations for such legislation, administrative actions, and other actions, as it 

deems appropriate. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1701; amended Pub. L. 94–261, §1(b), Apr. 

11, 1976, 90 Stat. 326.) 

AMENDMENTS

1976—Pub. L. 94–261 substituted ‘‘March 31, 1977’’ for 

‘‘March 31, 1976’’. 

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist 

sixty days after transmitting its report, see section 

3323 of this title. 

§ 3323. Termination 

The Commission shall cease to exist sixty 

days after transmitting its report under section 

3322 of this title. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1701.) 

§ 3324. Authorization of appropriations 

There is authorized to be appropriated such 

sums as may be necessary to carry out section 

3315 through section 3324 of this title. 

(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 

88 Stat. 1701.) 

CHAPTER 35—COORDINATION OF FEDERAL 

INFORMATION POLICY 

SUBCHAPTER I—FEDERAL INFORMATION POLICY 

Sec. 

3501. Purposes. 

3502. Definitions. 

3503. Office of Information and Regulatory Affairs. 

3504. Authority and functions of Director. 

3505. Assignment of tasks and deadlines. 

3506. Federal agency responsibilities. 

3507. Public information collection activities; submission to Director; approval and delegation. 

3508. Determination of necessity for information; 

hearing. 

3509. Designation of central collection agency. 

3510. Cooperation of agencies in making information available. 

3511. Establishment and operation of Government 

Information Locator Service. 

3512. Public protection. 

3513. Director review of agency activities; reporting; agency response. 

3514. Responsiveness to Congress. 

3515. Administrative powers. 

§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 104 

1See References in Text note below. 

Sec. 

3516. Rules and regulations. 

3517. Consultation with other agencies and the 

public. 

3518. Effect on existing laws and regulations. 

3519. Access to information. 

3520. Establishment of task force on information 

collection and dissemination. 

3521. Authorization of appropriations. 

SUBCHAPTER II—INFORMATION SECURITY 

3531. Purposes. 

3532. Definitions. 

3533. Authority and functions of the Director. 

3534. Federal agency responsibilities. 

3535. Annual independent evaluation. 

3536. National security systems. 

3537. Authorization of appropriations. 

3538. Effect on existing law. 

SUBCHAPTER III—INFORMATION SECURITY 

3541. Purposes. 

3542. Definitions. 

3543. Authority and functions of the Director. 

3544. Federal agency responsibilities. 

3545. Annual independent evaluation. 

3546. Federal information security incident center. 

3547. National security systems. 

3548. Authorization of appropriations. 

3549. Effect on existing law. 

AMENDMENTS

2002—Pub. L. 107–347, title III, §301(b)(2), Dec. 17, 2002, 

116 Stat. 2955, added heading for subchapter III and 

items 3541 to 3549. 

Pub. L. 107–296, title X, §1001(b)(2), Nov. 25, 2002, 116 

Stat. 2267, reenacted items 3531 to 3535 without change, 

substituted ‘‘National security systems’’ for ‘‘Expiration’’ in item 3536, and added items 3537 and 3538. 

Pub. L. 107–198, §3(b), June 28, 2002, 116 Stat. 732, 

added item 3520 and renumbered former item 3520 as 

3521. 

2000—Pub. L. 106–398, §1 [[div. A], title X, §1064(a)(1)], 

Oct. 30, 2000, 114 Stat. 1654, 1654A–275, inserted subchapters I and II headings and added items 3531 to 3536. 

1995—Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 163, 

amended chapter heading and analysis generally. 

1980—Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2812, 

substituted in chapter heading ‘‘INFORMATION POLICY’’ for ‘‘REPORTING SERVICES’’, and amended 

analysis generally. 

SUBCHAPTER I—FEDERAL INFORMATION 

POLICY 

AMENDMENTS

2000—Pub. L. 106–398, §1 [[div. A], title X, §1064(a)(2)], 

Oct. 30, 2000, 114 Stat. 1654, 1654A–275, inserted subchapter heading. 

§ 3501. Purposes 

The purposes of this subchapter are to— 

(1) minimize the paperwork burden for individuals, small businesses, educational and 

nonprofit institutions, Federal contractors, 

State, local and tribal governments, and other 

persons resulting from the collection of information by or for the Federal Government; 

(2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, 

shared and disseminated by or for the Federal 

Government; 

(3) coordinate, integrate, and to the extent 

practicable and appropriate, make uniform 

Federal information resources management 

policies and practices as a means to improve 

the productivity, efficiency, and effectiveness 

of Government programs, including the reduction of information collection burdens on the 

public and the improvement of service delivery to the public; 

(4) improve the quality and use of Federal 

information to strengthen decisionmaking, accountability, and openness in Government and 

society; 

(5) minimize the cost to the Federal Government of the creation, collection, maintenance, 

use, dissemination, and disposition of information; 

(6) strengthen the partnership between the 

Federal Government and State, local, and 

tribal governments by minimizing the burden 

and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government; 

(7) provide for the dissemination of public 

information on a timely basis, on equitable 

terms, and in a manner that promotes the 

utility of the information to the public and 

makes effective use of information technology; 

(8) ensure that the creation, collection, 

maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent with applicable laws, including laws relating to— 

(A) privacy and confidentiality, including 

section 552a of title 5; 

(B) security of information, including section 11332 of title 40 1 ; and 

(C) access to information, including section 552 of title 5; 

(9) ensure the integrity, quality, and utility 

of the Federal statistical system; 

(10) ensure that information technology is 

acquired, used, and managed to improve performance of agency missions, including the reduction of information collection burdens on 

the public; and 

(11) improve the responsibility and accountability of the Office of Management and Budget and all other Federal agencies to Congress 

and to the public for implementing the information collection review process, information 

resources management, and related policies 

and guidelines established under this subchapter. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

163; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; 

Pub. L. 107–217, §3(l)(3), Aug. 21, 2002, 116 Stat. 

1301.) 

REFERENCES IN TEXT

Section 11332 of title 40, referred to in par. (8)(B), was 

repealed by Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 

2002, 116 Stat. 2272, and Pub. L. 107–347, title III, §305(a), 

Dec. 17, 2002, 116 Stat. 2960. 

PRIOR PROVISIONS

A prior section 3501, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2812; amended Pub. L. 99–500, §101(m) 

[title VIII, §811], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–335, and Pub. L. 99–591, §101(m) [title VIII, §811], 

Page 105 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–335, related to purposes of this chapter prior to the general amendment of 

this chapter by Pub. L. 104–13. 

Another prior section 3501, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1302, related to information for Federal 

agencies, prior to the general amendment of this chapter by Pub. L. 96–511. 

AMENDMENTS

2002—Par. (8)(B). Pub. L. 107–217 substituted ‘‘section 

11332 of title 40’’ for ‘‘the Computer Security Act of 1987 

(Public Law 100–235)’’. 

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’ in introductory provisions and in par. (11). 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE

Section 4 of Pub. L. 104–13 provided that: 

‘‘(a) IN GENERAL.—Except as otherwise provided in 

this section, this Act [enacting this chapter, amending 

section 91 of Title 13, Census, and enacting provisions 

set out as a note under section 101 of this title] and the 

amendments made by this Act shall take effect on October 1, 1995. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3520 

[now 3521] of title 44, United States Code, as amended 

by this Act, shall take effect on the date of enactment 

of this Act [May 22, 1995]. 

‘‘(c) DELAYED APPLICATION.—In the case of a collection of information for which there is in effect on September 30, 1995, a control number issued by the Office 

of Management and Budget under chapter 35 of title 44, 

United States Code— 

‘‘(1) the amendments made by this Act [enacting 

this chapter and amending section 91 of Title 13] shall 

apply to the collection of information beginning on 

the earlier of— 

‘‘(A) the first renewal or modification of that collection of information after September 30, 1995; or 

‘‘(B) the expiration of its control number after 

September 30, 1995. 

‘‘(2) prior to such renewal, modification, or expiration, the collection of information shall be subject to 

chapter 35 of title 44, United States Code, as in effect 

on September 30, 1995.’’ 

SHORT TITLE

This chapter is popularly known as the ‘‘Paperwork 

Reduction Act’’. 

FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC

GOVERNMENT SERVICES

Pub. L. 107–347, title II, Dec. 17, 2002, 116 Stat. 2910, as 

amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 

814; Pub. L. 108–281, §1, Aug. 2, 2004, 118 Stat. 889, provided that: 

‘‘SEC. 201. DEFINITIONS. 

‘‘Except as otherwise provided, in this title the definitions under sections 3502 and 3601 of title 44, United 

States Code, shall apply. 

‘‘SEC. 202. FEDERAL AGENCY RESPONSIBILITIES. 

‘‘(a) IN GENERAL.—The head of each agency shall be 

responsible for— 

‘‘(1) complying with the requirements of this Act 

[see Tables for classification] (including the amendments made by this Act), the related information resource management policies and guidance established 

by the Director of the Office of Management and 

Budget, and the related information technology 

standards promulgated by the Secretary of Commerce; 

‘‘(2) ensuring that the information resource management policies and guidance established under this 

Act by the Director, and the related information 

technology standards promulgated by the Secretary 

of Commerce are communicated promptly and effectively to all relevant officials within their agency; 

and 

‘‘(3) supporting the efforts of the Director and the 

Administrator of the General Services Administration to develop, maintain, and promote an integrated 

Internet-based system of delivering Federal Government information and services to the public under 

section 204. 

‘‘(b) PERFORMANCE INTEGRATION.— 

‘‘(1) Agencies shall develop performance measures 

that demonstrate how electronic government enables 

progress toward agency objectives, strategic goals, 

and statutory mandates. 

‘‘(2) In measuring performance under this section, 

agencies shall rely on existing data collections to the 

extent practicable. 

‘‘(3) Areas of performance measurement that agencies should consider include— 

‘‘(A) customer service; 

‘‘(B) agency productivity; and 

‘‘(C) adoption of innovative information technology, including the appropriate use of commercial best practices. 

‘‘(4) Agencies shall link their performance goals, as 

appropriate, to key groups, including citizens, businesses, and other governments, and to internal Federal Government operations. 

‘‘(5) As appropriate, agencies shall work collectively in linking their performance goals to groups 

identified under paragraph (4) and shall use information technology in delivering Government information and services to those groups. 

‘‘(c) AVOIDING DIMINISHED ACCESS.—When promulgating policies and implementing programs regarding 

the provision of Government information and services 

over the Internet, agency heads shall consider the impact on persons without access to the Internet, and 

shall, to the extent practicable— 

‘‘(1) ensure that the availability of Government information and services has not been diminished for 

individuals who lack access to the Internet; and 

‘‘(2) pursue alternate modes of delivery that make 

Government information and services more accessible to individuals who do not own computers or 

lack access to the Internet. 

‘‘(d) ACCESSIBILITY TO PEOPLE WITH DISABILITIES.—All 

actions taken by Federal departments and agencies 

under this Act [see Tables for classification] shall be in 

compliance with section 508 of the Rehabilitation Act 

of 1973 (29 U.S.C. 794d). 

‘‘(e) SPONSORED ACTIVITIES.—Agencies shall sponsor 

activities that use information technology to engage 

the public in the development and implementation of 

policies and programs. 

‘‘(f) CHIEF INFORMATION OFFICERS.—The Chief Information Officer of each of the agencies designated under 

chapter 36 of title 44, United States Code (as added by 

this Act) shall be responsible for— 

‘‘(1) participating in the functions of the Chief Information Officers Council; and 

‘‘(2) monitoring the implementation, within their 

respective agencies, of information technology standards promulgated by the Secretary of Commerce, including common standards for interconnectivity and 

interoperability, categorization of Federal Government electronic information, and computer system 

efficiency and security. 

‘‘(g) E-GOVERNMENT STATUS REPORT.— 

‘‘(1) IN GENERAL.—Each agency shall compile and 

submit to the Director an annual E-Government Status Report on— 

‘‘(A) the status of the implementation by the 

agency of electronic government initiatives; 

‘‘(B) compliance by the agency with this Act [see 

Tables for classification]; and 

‘‘(C) how electronic Government initiatives of the 

agency improve performance in delivering programs to constituencies. 

§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 106 

‘‘(2) SUBMISSION.—Each agency shall submit an annual report under this subsection— 

‘‘(A) to the Director at such time and in such 

manner as the Director requires; 

‘‘(B) consistent with related reporting requirements; and 

‘‘(C) which addresses any section in this title relevant to that agency. 

‘‘(h) USE OF TECHNOLOGY.—Nothing in this Act [see 

Tables for classification] supersedes the responsibility 

of an agency to use or manage information technology 

to deliver Government information and services that 

fulfill the statutory mission and programs of the agency. 

‘‘(i) NATIONAL SECURITY SYSTEMS.— 

‘‘(1) INAPPLICABILITY.—Except as provided under 

paragraph (2), this title does not apply to national security systems as defined in section 11103 of title 40, 

United States Code. 

‘‘(2) APPLICABILITY.—This section, section 203, and 

section 214 do apply to national security systems to 

the extent practicable and consistent with law. 

‘‘SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY 

METHODS FOR USE AND ACCEPTANCE OF 

ELECTRONIC SIGNATURES. 

‘‘(a) PURPOSE.—The purpose of this section is to 

achieve interoperable implementation of electronic signatures for appropriately secure electronic transactions with Government. 

‘‘(b) ELECTRONIC SIGNATURES.—In order to fulfill the 

objectives of the Government Paperwork Elimination 

Act (Public Law 105–277; 112 Stat. 2681–749 through 

2681–751) [44 U.S.C. 3504 note], each Executive agency 

(as defined under section 105 of title 5, United States 

Code) shall ensure that its methods for use and acceptance of electronic signatures are compatible with the 

relevant policies and procedures issued by the Director. 

‘‘(c) AUTHORITY FOR ELECTRONIC SIGNATURES.—The 

Administrator of General Services shall support the Director by establishing a framework to allow efficient 

interoperability among Executive agencies when using 

electronic signatures, including processing of digital 

signatures. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the General Services 

Administration, to ensure the development and operation of a Federal bridge certification authority for 

digital signature compatibility, and for other activities 

consistent with this section, $8,000,000 or such sums as 

are necessary in fiscal year 2003, and such sums as are 

necessary for each fiscal year thereafter. 

‘‘SEC. 204. FEDERAL INTERNET PORTAL. 

‘‘(a) IN GENERAL.— 

‘‘(1) PUBLIC ACCESS.—The Director shall work with 

the Administrator of the General Services Administration and other agencies to maintain and promote 

an integrated Internet-based system of providing the 

public with access to Government information and 

services. 

‘‘(2) CRITERIA.—To the extent practicable, the integrated system shall be designed and operated according to the following criteria: 

‘‘(A) The provision of Internet-based Government 

information and services directed to key groups, including citizens, business, and other governments, 

and integrated according to function or topic rather than separated according to the boundaries of 

agency jurisdiction. 

‘‘(B) An ongoing effort to ensure that Internetbased Government services relevant to a given citizen activity are available from a single point. 

‘‘(C) Access to Federal Government information 

and services consolidated, as appropriate, with 

Internet-based information and services provided 

by State, local, and tribal governments. 

‘‘(D) Access to Federal Government information 

held by 1 or more agencies shall be made available 

in a manner that protects privacy, consistent with 

law. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the General Services 

Administration $15,000,000 for the maintenance, improvement, and promotion of the integrated Internetbased system for fiscal year 2003, and such sums as are 

necessary for fiscal years 2004 through 2007. 

‘‘SEC. 205. FEDERAL COURTS. 

‘‘(a) INDIVIDUAL COURT WEBSITES.—The Chief Justice 

of the United States, the chief judge of each circuit and 

district and of the Court of Federal Claims, and the 

chief bankruptcy judge of each district shall cause to 

be established and maintained, for the court of which 

the judge is chief justice or judge, a website that contains the following information or links to websites 

with the following information: 

‘‘(1) Location and contact information for the 

courthouse, including the telephone numbers and 

contact names for the clerk’s office and justices’ or 

judges’ chambers. 

‘‘(2) Local rules and standing or general orders of 

the court. 

‘‘(3) Individual rules, if in existence, of each justice 

or judge in that court. 

‘‘(4) Access to docket information for each case. 

‘‘(5) Access to the substance of all written opinions 

issued by the court, regardless of whether such opinions are to be published in the official court reporter, 

in a text searchable format. 

‘‘(6) Access to documents filed with the courthouse 

in electronic form, to the extent provided under subsection (c). 

‘‘(7) Any other information (including forms in a 

format that can be downloaded) that the court determines useful to the public. 

‘‘(b) MAINTENANCE OF DATA ONLINE.— 

‘‘(1) UPDATE OF INFORMATION.—The information and 

rules on each website shall be updated regularly and 

kept reasonably current. 

‘‘(2) CLOSED CASES.—Electronic files and docket information for cases closed for more than 1 year are 

not required to be made available online, except all 

written opinions with a date of issuance after the effective date of this section [see Effective Date note 

set out under section 3601 of this title] shall remain 

available online. 

‘‘(c) ELECTRONIC FILINGS.— 

‘‘(1) IN GENERAL.—Except as provided under paragraph (2) or in the rules prescribed under paragraph 

(3), each court shall make any document that is filed 

electronically publicly available online. A court may 

convert any document that is filed in paper form to 

electronic form. To the extent such conversions are 

made, all such electronic versions of the document 

shall be made available online. 

‘‘(2) EXCEPTIONS.—Documents that are filed that 

are not otherwise available to the public, such as documents filed under seal, shall not be made available 

online. 

‘‘(3) PRIVACY AND SECURITY CONCERNS.— 

‘‘(A)(i) The Supreme Court shall prescribe rules, 

in accordance with sections 2072 and 2075 of title 28, 

United States Code, to protect privacy and security 

concerns relating to electronic filing of documents 

and the public availability under this subsection of 

documents filed electronically or converted to electronic form. 

‘‘(ii) Such rules shall provide to the extent practicable for uniform treatment of privacy and security issues throughout the Federal courts. 

‘‘(iii) Such rules shall take into consideration 

best practices in Federal and State courts to protect private information or otherwise maintain 

necessary information security. 

‘‘(iv) Except as provided in clause (v), to the extent that such rules provide for the redaction of 

certain categories of information in order to protect privacy and security concerns, such rules shall 

provide that a party that wishes to file an otherwise proper document containing such protected inVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00114 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 107 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

formation may file an unredacted document under 

seal, which shall be retained by the court as part of 

the record, and which, at the discretion of the court 

and subject to any applicable rules issued in accordance with chapter 131 of title 28, United States 

Code, shall be either in lieu of, or in addition to, a 

redacted copy in the public file. 

‘‘(v) Such rules may require the use of appropriate redacted identifiers in lieu of protected information described in clause (iv) in any pleading, 

motion, or other paper filed with the court (except 

with respect to a paper that is an exhibit or other 

evidentiary matter, or with respect to a reference 

list described in this subclause), or in any written 

discovery response— 

‘‘(I) by authorizing the filing under seal, and 

permitting the amendment as of right under seal, 

of a reference list that— 

‘‘(aa) identifies each item of unredacted protected information that the attorney or, if 

there is no attorney, the party, certifies is relevant to the case; and 

‘‘(bb) specifies an appropriate redacted identifier that uniquely corresponds to each item of 

unredacted protected information listed; and 

‘‘(II) by providing that all references in the case 

to the redacted identifiers in such reference list 

shall be construed, without more, to refer to the 

corresponding unredacted item of protected information. 

‘‘(B)(i) Subject to clause (ii), the Judicial Conference of the United States may issue interim 

rules, and interpretive statements relating to the 

application of such rules, which conform to the requirements of this paragraph and which shall cease 

to have effect upon the effective date of the rules 

required under subparagraph (A). 

‘‘(ii) Pending issuance of the rules required under 

subparagraph (A), any rule or order of any court, or 

of the Judicial Conference, providing for the redaction of certain categories of information in order to 

protect privacy and security concerns arising from 

electronic filing or electronic conversion shall comply with, and be construed in conformity with, subparagraph (A)(iv). 

‘‘(C) Not later than 1 year after the rules prescribed under subparagraph (A) take effect, and 

every 2 years thereafter, the Judicial Conference 

shall submit to Congress a report on the adequacy 

of those rules to protect privacy and security. 

‘‘(d) DOCKETS WITH LINKS TO DOCUMENTS.—The Judicial Conference of the United States shall explore the 

feasibility of technology to post online dockets with 

links allowing all filings, decisions, and rulings in each 

case to be obtained from the docket sheet of that case. 

‘‘(e) COST OF PROVIDING ELECTRONIC DOCKETING INFORMATION.—[Amended section 303(a) of Pub. L. 102–140, set 

out as a note under section 1913 of Title 28, Judiciary 

and Judicial Procedure.] 

‘‘(f) TIME REQUIREMENTS.—Not later than 2 years 

after the effective date of this title [see Effective Date 

note set out under section 3601 of this title], the 

websites under subsection (a) shall be established, except that access to documents filed in electronic form 

shall be established not later than 4 years after that effective date. 

‘‘(g) DEFERRAL.— 

‘‘(1) IN GENERAL.— 

‘‘(A) ELECTION.— 

‘‘(i) NOTIFICATION.—The Chief Justice of the 

United States, a chief judge, or chief bankruptcy 

judge may submit a notification to the Administrative Office of the United States Courts to defer 

compliance with any requirement of this section 

with respect to the Supreme Court, a court of appeals, district, or the bankruptcy court of a district. 

‘‘(ii) CONTENTS.—A notification submitted under 

this subparagraph shall state— 

‘‘(I) the reasons for the deferral; and 

‘‘(II) the online methods, if any, or any alternative methods, such court or district is using 

to provide greater public access to information. 

‘‘(B) EXCEPTION.—To the extent that the Supreme 

Court, a court of appeals, district, or bankruptcy 

court of a district maintains a website under subsection (a), the Supreme Court or that court of appeals or district shall comply with subsection (b)(1). 

‘‘(2) REPORT.—Not later than 1 year after the effective date of this title [see Effective Date note set out 

under section 3601 of this title], and every year thereafter, the Judicial Conference of the United States 

shall submit a report to the Committees on Governmental Affairs and the Judiciary of the Senate and 

the Committees on Government Reform [now Oversight and Government Reform] and the Judiciary of 

the House of Representatives that— 

‘‘(A) contains all notifications submitted to the 

Administrative Office of the United States Courts 

under this subsection; and 

‘‘(B) summarizes and evaluates all notifications. 

‘‘SEC. 206. REGULATORY AGENCIES. 

‘‘(a) PURPOSES.—The purposes of this section are to— 

‘‘(1) improve performance in the development and 

issuance of agency regulations by using information 

technology to increase access, accountability, and 

transparency; and 

‘‘(2) enhance public participation in Government by 

electronic means, consistent with requirements under 

subchapter II of chapter 5 of title 5, United States 

Code, (commonly referred to as the ‘Administrative 

Procedures Act’). 

‘‘(b) INFORMATION PROVIDED BY AGENCIES ONLINE.—To 

the extent practicable as determined by the agency in 

consultation with the Director, each agency (as defined 

under section 551 of title 5, United States Code) shall 

ensure that a publicly accessible Federal Government 

website includes all information about that agency required to be published in the Federal Register under 

paragraphs (1) and (2) of section 552(a) of title 5, United 

States Code. 

‘‘(c) SUBMISSIONS BY ELECTRONIC MEANS.—To the extent practicable, agencies shall accept submissions 

under section 553(c) of title 5, United States Code, by 

electronic means. 

‘‘(d) ELECTRONIC DOCKETING.— 

‘‘(1) IN GENERAL.—To the extent practicable, as determined by the agency in consultation with the Director, agencies shall ensure that a publicly accessible Federal Government website contains electronic 

dockets for rulemakings under section 553 of title 5, 

United States Code. 

‘‘(2) INFORMATION AVAILABLE.—Agency electronic 

dockets shall make publicly available online to the 

extent practicable, as determined by the agency in 

consultation with the Director— 

‘‘(A) all submissions under section 553(c) of title 5, 

United States Code; and 

‘‘(B) other materials that by agency rule or practice are included in the rulemaking docket under 

section 553(c) of title 5, United States Code, whether or not submitted electronically. 

‘‘(e) TIME LIMITATION.—Agencies shall implement the 

requirements of this section consistent with a timetable established by the Director and reported to Congress in the first annual report under section 3606 of 

title 44 (as added by this Act). 

‘‘SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF GOVERNMENT INFORMATION. 

‘‘(a) PURPOSE.—The purpose of this section is to improve the methods by which Government information, 

including information on the Internet, is organized, 

preserved, and made accessible to the public. 

‘‘(b) DEFINITIONS.—In this section, the term— 

‘‘(1) ‘Committee’ means the Interagency Committee 

on Government Information established under subsection (c); and 

‘‘(2) ‘directory’ means a taxonomy of subjects 

linked to websites that— 

§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 108 

‘‘(A) organizes Government information on the 

Internet according to subject matter; and 

‘‘(B) may be created with the participation of 

human editors. 

‘‘(c) INTERAGENCY COMMITTEE.— 

‘‘(1) ESTABLISHMENT.—Not later than 180 days after 

the date of enactment of this title [Dec. 17, 2002], the 

Director shall establish the Interagency Committee 

on Government Information. 

‘‘(2) MEMBERSHIP.—The Committee shall be chaired 

by the Director or the designee of the Director and— 

‘‘(A) shall include representatives from— 

‘‘(i) the National Archives and Records Administration; 

‘‘(ii) the offices of the Chief Information Officers from Federal agencies; and 

‘‘(iii) other relevant officers from the executive 

branch; and 

‘‘(B) may include representatives from the Federal legislative and judicial branches. 

‘‘(3) FUNCTIONS.—The Committee shall— 

‘‘(A) engage in public consultation to the maximum extent feasible, including consultation with 

interested communities such as public advocacy organizations; 

‘‘(B) conduct studies and submit recommendations, as provided under this section, to the Director and Congress; and 

‘‘(C) share effective practices for access to, dissemination of, and retention of Federal information. 

‘‘(4) TERMINATION.—The Committee may be terminated on a date determined by the Director, except 

the Committee may not terminate before the Committee submits all recommendations required under 

this section. 

‘‘(d) CATEGORIZING OF INFORMATION.— 

‘‘(1) COMMITTEE FUNCTIONS.—Not later than 2 years 

after the date of enactment of this Act [Dec. 17, 2002], 

the Committee shall submit recommendations to the 

Director on— 

‘‘(A) the adoption of standards, which are open to 

the maximum extent feasible, to enable the organization and categorization of Government information— 

‘‘(i) in a way that is searchable electronically, 

including by searchable identifiers; and 

‘‘(ii) in ways that are interoperable across agencies; 

‘‘(B) the definition of categories of Government 

information which should be classified under the 

standards; and 

‘‘(C) determining priorities and developing schedules for the initial implementation of the standards 

by agencies. 

‘‘(2) FUNCTIONS OF THE DIRECTOR.—Not later than 1 

year after the submission of recommendations under 

paragraph (1), the Director shall issue policies— 

‘‘(A) requiring that agencies use standards, which 

are open to the maximum extent feasible, to enable 

the organization and categorization of Government 

information— 

‘‘(i) in a way that is searchable electronically, 

including by searchable identifiers; 

‘‘(ii) in ways that are interoperable across agencies; and 

‘‘(iii) that are, as appropriate, consistent with 

the provisions under section 3602(f)(8) of title 44, 

United States Code; 

‘‘(B) defining categories of Government information which shall be required to be classified under 

the standards; and 

‘‘(C) determining priorities and developing schedules for the initial implementation of the standards 

by agencies. 

‘‘(3) MODIFICATION OF POLICIES.—After the submission of agency reports under paragraph (4), the Director shall modify the policies, as needed, in consultation with the Committee and interested parties. 

‘‘(4) AGENCY FUNCTIONS.—Each agency shall report 

annually to the Director, in the report established 

under section 202(g), on compliance of that agency 

with the policies issued under paragraph (2)(A). 

‘‘(e) PUBLIC ACCESS TO ELECTRONIC INFORMATION.— 

‘‘(1) COMMITTEE FUNCTIONS.—Not later than 2 years 

after the date of enactment of this Act [Dec. 17, 2002], 

the Committee shall submit recommendations to the 

Director and the Archivist of the United States on— 

‘‘(A) the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 

of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic 

records; and 

‘‘(B) the imposition of timetables for the implementation of the policies and procedures by agencies. 

‘‘(2) FUNCTIONS OF THE ARCHIVIST.—Not later than 1 

year after the submission of recommendations by the 

Committee under paragraph (1), the Archivist of the 

United States shall issue policies— 

‘‘(A) requiring the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 

27, 29, and 31 of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic records; and 

‘‘(B) imposing timetables for the implementation 

of the policies, procedures, and technologies by 

agencies. 

‘‘(3) MODIFICATION OF POLICIES.—After the submission of agency reports under paragraph (4), the Archivist of the United States shall modify the policies, as 

needed, in consultation with the Committee and interested parties. 

‘‘(4) AGENCY FUNCTIONS.—Each agency shall report 

annually to the Director, in the report established 

under section 202(g), on compliance of that agency 

with the policies issued under paragraph (2)(A). 

‘‘(f) AGENCY WEBSITES.— 

‘‘(1) STANDARDS FOR AGENCY WEBSITES.—Not later 

than 2 years after the effective date of this title [see 

Effective Date note set out under section 3601 of this 

title], the Director shall promulgate guidance for 

agency websites that includes— 

‘‘(A) requirements that websites include direct 

links to— 

‘‘(i) descriptions of the mission and statutory 

authority of the agency; 

‘‘(ii) information made available to the public 

under subsections (a)(1) and (b) of section 552 of 

title 5, United States Code (commonly referred to 

as the ‘Freedom of Information Act’); 

‘‘(iii) information about the organizational 

structure of the agency; and 

‘‘(iv) the strategic plan of the agency developed 

under section 306 of title 5, United States Code; 

and 

‘‘(B) minimum agency goals to assist public users 

to navigate agency websites, including— 

‘‘(i) speed of retrieval of search results; 

‘‘(ii) the relevance of the results; 

‘‘(iii) tools to aggregate and disaggregate data; 

and 

‘‘(iv) security protocols to protect information. 

‘‘(2) AGENCY REQUIREMENTS.—(A) Not later than 2 

years after the date of enactment of this Act [Dec. 17, 

2002], each agency shall— 

‘‘(i) consult with the Committee and solicit public comment; 

‘‘(ii) establish a process for determining which 

Government information the agency intends to 

make available and accessible to the public on the 

Internet and by other means; 

‘‘(iii) develop priorities and schedules for making 

Government information available and accessible; 

‘‘(iv) make such final determinations, priorities, 

and schedules available for public comment; 

‘‘(v) post such final determinations, priorities, 

and schedules on the Internet; and 

‘‘(vi) submit such final determinations, priorities, 

and schedules to the Director, in the report established under section 202(g). 

Page 109 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

‘‘(B) Each agency shall update determinations, priorities, and schedules of the agency, as needed, after 

consulting with the Committee and soliciting public 

comment, if appropriate. 

‘‘(3) PUBLIC DOMAIN DIRECTORY OF PUBLIC FEDERAL

GOVERNMENT WEBSITES.— 

‘‘(A) ESTABLISHMENT.—Not later than 2 years 

after the effective date of this title [see Effective 

Date note set out under section 3601 of this title], 

the Director and each agency shall— 

‘‘(i) develop and establish a public domain directory of public Federal Government websites; 

and 

‘‘(ii) post the directory on the Internet with a 

link to the integrated Internet-based system established under section 204. 

‘‘(B) DEVELOPMENT.—With the assistance of each 

agency, the Director shall— 

‘‘(i) direct the development of the directory 

through a collaborative effort, including input 

from— 

‘‘(I) agency librarians; 

‘‘(II) information technology managers; 

‘‘(III) program managers; 

‘‘(IV) records managers; 

‘‘(V) Federal depository librarians; and 

‘‘(VI) other interested parties; and 

‘‘(ii) develop a public domain taxonomy of subjects used to review and categorize public Federal 

Government websites. 

‘‘(C) UPDATE.—With the assistance of each agency, the Administrator of the Office of Electronic 

Government shall— 

‘‘(i) update the directory as necessary, but not 

less than every 6 months; and 

‘‘(ii) solicit interested persons for improvements to the directory. 

‘‘(g) ACCESS TO FEDERALLY FUNDED RESEARCH AND DEVELOPMENT.— 

‘‘(1) DEVELOPMENT AND MAINTENANCE OF GOVERNMENTWIDE REPOSITORY AND WEBSITE.— 

‘‘(A) REPOSITORY AND WEBSITE.—The Director of 

the Office of Management and Budget (or the Director’s delegate), in consultation with the Director of 

the Office of Science and Technology Policy and 

other relevant agencies, shall ensure the development and maintenance of— 

‘‘(i) a repository that fully integrates, to the 

maximum extent feasible, information about research and development funded by the Federal 

Government, and the repository shall— 

‘‘(I) include information about research and 

development funded by the Federal Government, consistent with any relevant protections 

for the information under section 552 of title 5, 

United States Code, and performed by— 

‘‘(aa) institutions not a part of the Federal 

Government, including State, local, and foreign governments; industrial firms; educational institutions; not-for-profit organizations; federally funded research and development centers; and private individuals; and 

‘‘(bb) entities of the Federal Government, 

including research and development laboratories, centers, and offices; and 

‘‘(II) integrate information about each separate research and development task or award, 

including— 

‘‘(aa) the dates upon which the task or 

award is expected to start and end; 

‘‘(bb) a brief summary describing the objective and the scientific and technical focus of 

the task or award; 

‘‘(cc) the entity or institution performing 

the task or award and its contact information; 

‘‘(dd) the total amount of Federal funds expected to be provided to the task or award 

over its lifetime and the amount of funds expected to be provided in each fiscal year in 

which the work of the task or award is ongoing; 

‘‘(ee) any restrictions attached to the task 

or award that would prevent the sharing with 

the general public of any or all of the information required by this subsection, and the 

reasons for such restrictions; and 

‘‘(ff) such other information as may be determined to be appropriate; and 

‘‘(ii) 1 or more websites upon which all or part 

of the repository of Federal research and development shall be made available to and searchable 

by Federal agencies and non-Federal entities, including the general public, to facilitate— 

‘‘(I) the coordination of Federal research and 

development activities; 

‘‘(II) collaboration among those conducting 

Federal research and development; 

‘‘(III) the transfer of technology among Federal agencies and between Federal agencies and 

non-Federal entities; and 

‘‘(IV) access by policymakers and the public 

to information concerning Federal research and 

development activities. 

‘‘(B) OVERSIGHT.—The Director of the Office of 

Management and Budget shall issue any guidance 

determined necessary to ensure that agencies provide all information requested under this subsection. 

‘‘(2) AGENCY FUNCTIONS.—Any agency that funds 

Federal research and development under this subsection shall provide the information required to populate the repository in the manner prescribed by the 

Director of the Office of Management and Budget. 

‘‘(3) COMMITTEE FUNCTIONS.—Not later than 18 

months after the date of enactment of this Act [Dec. 

17, 2002], working with the Director of the Office of 

Science and Technology Policy, and after consultation with interested parties, the Committee shall 

submit recommendations to the Director on— 

‘‘(A) policies to improve agency reporting of information for the repository established under this 

subsection; and 

‘‘(B) policies to improve dissemination of the results of research performed by Federal agencies and 

federally funded research and development centers. 

‘‘(4) FUNCTIONS OF THE DIRECTOR.—After submission 

of recommendations by the Committee under paragraph (3), the Director shall report on the recommendations of the Committee and Director to 

Congress, in the E-Government report under section 

3606 of title 44 (as added by this Act). 

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated for the development, 

maintenance, and operation of the Governmentwide 

repository and website under this subsection— 

‘‘(A) $2,000,000 in each of the fiscal years 2003 

through 2005; and 

‘‘(B) such sums as are necessary in each of the fiscal years 2006 and 2007. 

‘‘SEC. 208. PRIVACY PROVISIONS. 

‘‘(a) PURPOSE.—The purpose of this section is to ensure sufficient protections for the privacy of personal 

information as agencies implement citizen-centered 

electronic Government. 

‘‘(b) PRIVACY IMPACT ASSESSMENTS.— 

‘‘(1) RESPONSIBILITIES OF AGENCIES.— 

‘‘(A) IN GENERAL.—An agency shall take actions 

described under subparagraph (B) before— 

‘‘(i) developing or procuring information technology that collects, maintains, or disseminates 

information that is in an identifiable form; or 

‘‘(ii) initiating a new collection of information 

that— 

‘‘(I) will be collected, maintained, or disseminated using information technology; and 

‘‘(II) includes any information in an identifiable form permitting the physical or online contacting of a specific individual, if identical 

§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 110 

questions have been posed to, or identical reporting requirements imposed on, 10 or more 

persons, other than agencies, instrumentalities, 

or employees of the Federal Government. 

‘‘(B) AGENCY ACTIVITIES.—To the extent required 

under subparagraph (A), each agency shall— 

‘‘(i) conduct a privacy impact assessment; 

‘‘(ii) ensure the review of the privacy impact assessment by the Chief Information Officer, or 

equivalent official, as determined by the head of 

the agency; and 

‘‘(iii) if practicable, after completion of the review under clause (ii), make the privacy impact 

assessment publicly available through the 

website of the agency, publication in the Federal 

Register, or other means. 

‘‘(C) SENSITIVE INFORMATION.—Subparagraph 

(B)(iii) may be modified or waived for security reasons, or to protect classified, sensitive, or private 

information contained in an assessment. 

‘‘(D) COPY TO DIRECTOR.—Agencies shall provide 

the Director with a copy of the privacy impact assessment for each system for which funding is requested. 

‘‘(2) CONTENTS OF A PRIVACY IMPACT ASSESSMENT.— 

‘‘(A) IN GENERAL.—The Director shall issue guidance to agencies specifying the required contents of 

a privacy impact assessment. 

‘‘(B) GUIDANCE.—The guidance shall— 

‘‘(i) ensure that a privacy impact assessment is 

commensurate with the size of the information 

system being assessed, the sensitivity of information that is in an identifiable form in that system, and the risk of harm from unauthorized release of that information; and 

‘‘(ii) require that a privacy impact assessment 

address— 

‘‘(I) what information is to be collected; 

‘‘(II) why the information is being collected; 

‘‘(III) the intended use of the agency of the information; 

‘‘(IV) with whom the information will be 

shared; 

‘‘(V) what notice or opportunities for consent 

would be provided to individuals regarding what 

information is collected and how that information is shared; 

‘‘(VI) how the information will be secured; 

and 

‘‘(VII) whether a system of records is being 

created under section 552a of title 5, United 

States Code, (commonly referred to as the ‘Privacy Act’). 

‘‘(3) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall— 

‘‘(A) develop policies and guidelines for agencies 

on the conduct of privacy impact assessments; 

‘‘(B) oversee the implementation of the privacy 

impact assessment process throughout the Government; and 

‘‘(C) require agencies to conduct privacy impact 

assessments of existing information systems or ongoing collections of information that is in an identifiable form as the Director determines appropriate. 

‘‘(c) PRIVACY PROTECTIONS ON AGENCY WEBSITES.— 

‘‘(1) PRIVACY POLICIES ON WEBSITES.— 

‘‘(A) GUIDELINES FOR NOTICES.—The Director shall 

develop guidance for privacy notices on agency 

websites used by the public. 

‘‘(B) CONTENTS.—The guidance shall require that 

a privacy notice address, consistent with section 

552a of title 5, United States Code— 

‘‘(i) what information is to be collected; 

‘‘(ii) why the information is being collected; 

‘‘(iii) the intended use of the agency of the information; 

‘‘(iv) with whom the information will be shared; 

‘‘(v) what notice or opportunities for consent 

would be provided to individuals regarding what 

information is collected and how that information is shared; 

‘‘(vi) how the information will be secured; and 

‘‘(vii) the rights of the individual under section 

552a of title 5, United States Code (commonly referred to as the ‘Privacy Act’), and other laws relevant to the protection of the privacy of an individual. 

‘‘(2) PRIVACY POLICIES IN MACHINE-READABLE FORMATS.—The Director shall issue guidance requiring 

agencies to translate privacy policies into a standardized machine-readable format. 

‘‘(d) DEFINITION.—In this section, the term ‘identifiable form’ means any representation of information 

that permits the identity of an individual to whom the 

information applies to be reasonably inferred by either 

direct or indirect means. 

‘‘SEC. 209. FEDERAL INFORMATION TECHNOLOGY 

WORKFORCE DEVELOPMENT. 

‘‘(a) PURPOSE.—The purpose of this section is to improve the skills of the Federal workforce in using information technology to deliver Government information 

and services. 

‘‘(b) WORKFORCE DEVELOPMENT.— 

‘‘(1) IN GENERAL.—In consultation with the Director 

of the Office of Management and Budget, the Chief 

Information Officers Council, and the Administrator 

of General Services, the Director of the Office of Personnel Management shall— 

‘‘(A) analyze, on an ongoing basis, the personnel 

needs of the Federal Government related to information technology and information resource management; 

‘‘(B) identify where current information technology and information resource management 

training do not satisfy the personnel needs described in subparagraph (A); 

‘‘(C) oversee the development of curricula, training methods, and training priorities that correspond to the projected personnel needs of the Federal Government related to information technology 

and information resource management; and 

‘‘(D) assess the training of Federal employees in 

information technology disciplines in order to ensure that the information resource management 

needs of the Federal Government are addressed. 

‘‘(2) INFORMATION TECHNOLOGY TRAINING PROGRAMS.—The head of each Executive agency, after 

consultation with the Director of the Office of Personnel Management, the Chief Information Officers 

Council, and the Administrator of General Services, 

shall establish and operate information technology 

training programs consistent with the requirements 

of this subsection. Such programs shall— 

‘‘(A) have curricula covering a broad range of information technology disciplines corresponding to 

the specific information technology and information resource management needs of the agency involved; 

‘‘(B) be developed and applied according to rigorous standards; and 

‘‘(C) be designed to maximize efficiency, through 

the use of self-paced courses, online courses, on-thejob training, and the use of remote instructors, 

wherever such features can be applied without reducing the effectiveness of the training or negatively impacting academic standards. 

‘‘(3) GOVERNMENTWIDE POLICIES AND EVALUATION.— 

The Director of the Office of Personnel Management, 

in coordination with the Director of the Office of 

Management and Budget, shall issue policies to promote the development of performance standards for 

training and uniform implementation of this subsection by Executive agencies, with due regard for 

differences in program requirements among agencies 

that may be appropriate and warranted in view of the 

agency mission. The Director of the Office of Personnel Management shall evaluate the implementation of the provisions of this subsection by Executive 

agencies. 

Page 111 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

‘‘(4) CHIEF INFORMATION OFFICER AUTHORITIES AND

RESPONSIBILITIES.—Subject to the authority, direction, and control of the head of an Executive agency, 

the chief information officer of such agency shall 

carry out all powers, functions, and duties of the 

head of the agency with respect to implementation of 

this subsection. The chief information officer shall 

ensure that the policies of the agency head established in accordance with this subsection are implemented throughout the agency. 

‘‘(5) INFORMATION TECHNOLOGY TRAINING REPORTING.—The Director of the Office of Management and 

Budget shall ensure that the heads of Executive agencies collect and maintain standardized information 

on the information technology and information resources management workforce related to the implementation of this subsection. 

‘‘(6) AUTHORITY TO DETAIL EMPLOYEES TO NON-FEDERAL EMPLOYERS.—In carrying out the preceding provisions of this subsection, the Director of the Office 

of Personnel Management may provide for a program 

under which a Federal employee may be detailed to 

a non-Federal employer. The Director of the Office of 

Personnel Management shall prescribe regulations 

for such program, including the conditions for service 

and duties as the Director considers necessary. 

‘‘(7) COORDINATION PROVISION.—An assignment described in section 3703 of title 5, United States Code, 

may not be made unless a program under paragraph 

(6) is established, and the assignment is made in accordance with the requirements of such program. 

‘‘(8) EMPLOYEE PARTICIPATION.—Subject to information resource management needs and the limitations 

imposed by resource needs in other occupational 

areas, and consistent with their overall workforce development strategies, agencies shall encourage employees to participate in occupational information 

technology training. 

‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Office of Personnel Management for the implementation of this 

subsection, $15,000,000 in fiscal year 2003, and such 

sums as are necessary for each fiscal year thereafter. 

‘‘(10) EXECUTIVE AGENCY DEFINED.—For purposes of 

this subsection, the term ‘Executive agency’ has the 

meaning given the term ‘agency’ under section 3701 of 

title 5, United States Code (as added by subsection 

(c)). 

‘‘(c) INFORMATION TECHNOLOGY EXCHANGE PROGRAM.— 

‘‘(1) IN GENERAL.—[Enacted chapter 37 of Title 5, 

Government Organization and Employees.] 

‘‘(2) REPORT.—Not later than 4 years after the date 

of the enactment of this Act [Dec. 17, 2002], the Government Accountability Office shall prepare and submit to the Committee on Government Reform [now 

Committee on Oversight and Government Reform] of 

the House of Representatives and the Committee on 

Governmental Affairs [now Committee on Homeland 

Security and Governmental Affairs] of the Senate a 

report on the operation of chapter 37 of title 5, United 

States Code (as added by this subsection). Such report shall include— 

‘‘(A) an evaluation of the effectiveness of the program established by such chapter; and 

‘‘(B) a recommendation as to whether such program should be continued (with or without modification) or allowed to lapse. 

‘‘(3) CLERICAL AMENDMENT.—[Amended analysis for 

part III of Title 5.] 

‘‘(d) ETHICS PROVISIONS.— 

‘‘(1) ONE-YEAR RESTRICTION ON CERTAIN COMMUNICATIONS.—[Amended section 207 of Title 18, Crimes and 

Criminal Procedure.] 

‘‘(2) DISCLOSURE OF CONFIDENTIAL INFORMATION.— 

[Amended section 1905 of Title 18.] 

‘‘(3) CONTRACT ADVICE.—[Amended section 207 of 

Title 18.] 

‘‘(4) RESTRICTION ON DISCLOSURE OF PROCUREMENT

INFORMATION.—[Amended section 423 of Title 41, Public Contracts.] 

‘‘(e) REPORT ON EXISTING EXCHANGE PROGRAMS.— 

‘‘(1) EXCHANGE PROGRAM DEFINED.—For purposes of 

this subsection, the term ‘exchange program’ means 

an executive exchange program, the program under 

subchapter VI of chapter 33 of title 5, United States 

Code, and any other program which allows for— 

‘‘(A) the assignment of employees of the Federal 

Government to non-Federal employers; 

‘‘(B) the assignment of employees of non-Federal 

employers to the Federal Government; or 

‘‘(C) both. 

‘‘(2) REPORTING REQUIREMENT.—Not later than 1 

year after the date of the enactment of this Act [Dec. 

17, 2002], the Office of Personnel Management shall 

prepare and submit to the Committee on Government 

Reform [now Committee on Oversight and Government Reform] of the House of Representatives and 

the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate a report identifying all existing 

exchange programs. 

‘‘(3) SPECIFIC INFORMATION.—The report shall, for 

each such program, include— 

‘‘(A) a brief description of the program, including 

its size, eligibility requirements, and terms or conditions for participation; 

‘‘(B) specific citation to the law or other authority under which the program is established; 

‘‘(C) the names of persons to contact for more information, and how they may be reached; and 

‘‘(D) any other information which the Office considers appropriate. 

‘‘(f) REPORT ON THE ESTABLISHMENT OF A GOVERNMENTWIDE INFORMATION TECHNOLOGY TRAINING PROGRAM.— 

‘‘(1) IN GENERAL.—Not later January 1, 2003, the Office of Personnel Management, in consultation with 

the Chief Information Officers Council and the Administrator of General Services, shall review and submit to the Committee on Government Reform [now 

Committee on Oversight and Government Reform] of 

the House of Representatives and the Committee on 

Governmental Affairs [now Committee on Homeland 

Security and Governmental Affairs] of the Senate a 

written report on the following: 

‘‘(A) The adequacy of any existing information 

technology training programs available to Federal 

employees on a Governmentwide basis. 

‘‘(B)(i) If one or more such programs already 

exist, recommendations as to how they might be 

improved. 

‘‘(ii) If no such program yet exists, recommendations as to how such a program might be designed 

and established. 

‘‘(C) With respect to any recommendations under 

subparagraph (B), how the program under chapter 

37 of title 5, United States Code, might be used to 

help carry them out. 

‘‘(2) COST ESTIMATE.—The report shall, for any recommended program (or improvements) under paragraph (1)(B), include the estimated costs associated 

with the implementation and operation of such program as so established (or estimated difference in 

costs of any such program as so improved). 

‘‘(g) TECHNICAL AND CONFORMING AMENDMENTS.— 

‘‘(1) AMENDMENTS TO TITLE 5, UNITED STATES CODE.— 

[Amended sections 3111, 4108, and 7353 of Title 5.] 

‘‘(2) AMENDMENT TO TITLE 18, UNITED STATES CODE.— 

[Amended section 209 of Title 18.] 

‘‘(3) OTHER AMENDMENTS.—[Amended section 

125(c)(1) of Pub. L. 100–238, set out as a note under section 8432 of Title 5.] 

‘‘SEC. 210. SHARE-IN-SAVINGS INITIATIVES. 

‘‘(a) DEFENSE CONTRACTS.—[Enacted section 2332 of 

Title 10, Armed Forces.] 

‘‘(b) OTHER CONTRACTS.—[Enacted section 266a of 

Title 41.] 

‘‘(c) DEVELOPMENT OF INCENTIVES.—The Director of 

the Office of Management and Budget shall, in conVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00119 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 112 

sultation with the Committee on Governmental Affairs 

[now Committee on Homeland Security and Governmental Affairs] of the Senate, the Committee on Government Reform [now Committee on Oversight and 

Government Reform] of the House of Representatives, 

and executive agencies, develop techniques to permit 

an executive agency to retain a portion of the savings 

(after payment of the contractor’s share of the savings) 

derived from share-in-savings contracts as funds are appropriated to the agency in future fiscal years. 

‘‘(d) REGULATIONS.—Not later than 270 days after the 

date of the enactment of this Act [Dec. 17, 2002], the 

Federal Acquisition Regulation shall be revised to implement the provisions enacted by this section. Such 

revisions shall— 

‘‘(1) provide for the use of competitive procedures 

in the selection and award of share-in-savings contracts to— 

‘‘(A) ensure the contractor’s share of savings reflects the risk involved and market conditions; and 

‘‘(B) otherwise yield greatest value to the government; and 

‘‘(2) allow appropriate regulatory flexibility to facilitate the use of share-in-savings contracts by executive agencies, including the use of innovative provisions for technology refreshment and nonstandard 

Federal Acquisition Regulation contract clauses. 

‘‘(e) ADDITIONAL GUIDANCE.—The Administrator of 

General Services shall— 

‘‘(1) identify potential opportunities for the use of 

share-in-savings contracts; and 

‘‘(2) in consultation with the Director of the Office 

of Management and Budget, provide guidance to executive agencies for determining mutually beneficial 

savings share ratios and baselines from which savings 

may be measured. 

‘‘(f) OMB REPORT TO CONGRESS.—In consultation with 

executive agencies, the Director of the Office of Management and Budget shall, not later than 2 years after 

the date of the enactment of this Act [Dec. 17, 2002], 

submit to Congress a report containing— 

‘‘(1) a description of the number of share-in-savings 

contracts entered into by each executive agency 

under by [sic] this section and the amendments made 

by this section, and, for each contract identified— 

‘‘(A) the information technology acquired; 

‘‘(B) the total amount of payments made to the 

contractor; and 

‘‘(C) the total amount of savings or other measurable benefits realized; 

‘‘(2) a description of the ability of agencies to determine the baseline costs of a project against which 

savings can be measured; and 

‘‘(3) any recommendations, as the Director deems 

appropriate, regarding additional changes in law that 

may be necessary to ensure effective use of share-insavings contracts by executive agencies. 

‘‘(g) GAO REPORT TO CONGRESS.—The Comptroller 

General shall, not later than 6 months after the report 

required under subsection (f) is submitted to Congress, 

conduct a review of that report and submit to Congress 

a report containing— 

‘‘(1) the results of the review; 

‘‘(2) an independent assessment by the Comptroller 

General of the effectiveness of the use of share-insavings contracts in improving the mission-related 

and administrative processes of the executive agencies and the achievement of agency missions; and 

‘‘(3) a recommendation on whether the authority to 

enter into share-in-savings contracts should be continued. 

‘‘(h) REPEAL OF SHARE-IN-SAVINGS PILOT PROGRAM.— 

‘‘(1) REPEAL.—[Repealed section 11521 of Title 40, 

Public Buildings, Property, and Works.] 

‘‘(2) CONFORMING AMENDMENTS TO PILOT PROGRAM

AUTHORITY.—[Amended sections 11501 to 11505 of Title 

40.] 

‘‘(3) ADDITIONAL CONFORMING AMENDMENTS.—[Redesignated 11522 of Title 40 as 11521 and amended headings and analysis.] 

‘‘(i) DEFINITIONS.—In this section, the terms ‘contractor’, ‘savings’, and ‘share-in-savings contract’ have 

the meanings given those terms in section 317 of the 

Federal Property and Administrative Services Act of 

1949 [41 U.S.C. 266a] (as added by subsection (b)). 

‘‘SEC. 211. AUTHORIZATION FOR ACQUISITION OF 

INFORMATION TECHNOLOGY BY STATE AND 

LOCAL GOVERNMENTS THROUGH FEDERAL 

SUPPLY SCHEDULES. 

‘‘(a) AUTHORITY TO USE CERTAIN SUPPLY SCHEDULES.—[Amended section 502 of Title 40.] 

‘‘(b) PROCEDURES.—Not later than 30 days after the 

date of the enactment of this Act [Dec. 17, 2002], the Administrator of General Services shall establish procedures to implement section 501(c) of title 40, United 

States Code (as added by subsection (a)). 

‘‘(c) REPORT.—Not later than December 31, 2004, the 

Administrator shall submit to the Committee on Government Reform [now Committee on Oversight and 

Government Reform] of the House of Representatives 

and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate a report on the implementation and 

effects of the amendment made by subsection (a). 

‘‘SEC. 212. INTEGRATED REPORTING STUDY AND 

PILOT PROJECTS. 

‘‘(a) PURPOSES.—The purposes of this section are to— 

‘‘(1) enhance the interoperability of Federal information systems; 

‘‘(2) assist the public, including the regulated community, in electronically submitting information to 

agencies under Federal requirements, by reducing the 

burden of duplicate collection and ensuring the accuracy of submitted information; and 

‘‘(3) enable any person to integrate and obtain similar information held by 1 or more agencies under 1 or 

more Federal requirements without violating the privacy rights of an individual. 

‘‘(b) DEFINITIONS.—In this section, the term— 

‘‘(1) ‘agency’ means an Executive agency as defined 

under section 105 of title 5, United States Code; and 

‘‘(2) ‘person’ means any individual, trust, firm, 

joint stock company, corporation (including a government corporation), partnership, association, 

State, municipality, commission, political subdivision of a State, interstate body, or agency or component of the Federal Government. 

‘‘(c) REPORT.— 

‘‘(1) IN GENERAL.—Not later than 3 years after the 

date of enactment of this Act [Dec. 17, 2002], the Director shall oversee a study, in consultation with 

agencies, the regulated community, public interest 

organizations, and the public, and submit a report to 

the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives on 

progress toward integrating Federal information systems across agencies. 

‘‘(2) CONTENTS.—The report under this section 

shall— 

‘‘(A) address the integration of data elements 

used in the electronic collection of information 

within databases established under Federal statute 

without reducing the quality, accessibility, scope, 

or utility of the information contained in each 

database; 

‘‘(B) address the feasibility of developing, or enabling the development of, software, including Internet-based tools, for use by reporting persons in assembling, documenting, and validating the accuracy of information electronically submitted to 

agencies under nonvoluntary, statutory, and regulatory requirements; 

‘‘(C) address the feasibility of developing a distributed information system involving, on a voluntary basis, at least 2 agencies, that— 

‘‘(i) provides consistent, dependable, and timely 

public access to the information holdings of 1 or 

Page 113 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

more agencies, or some portion of such holdings, 

without requiring public users to know which 

agency holds the information; and 

‘‘(ii) allows the integration of public information held by the participating agencies; 

‘‘(D) address the feasibility of incorporating other 

elements related to the purposes of this section at 

the discretion of the Director; and 

‘‘(E) make any recommendations that the Director deems appropriate on the use of integrated reporting and information systems, to reduce the burden on reporting and strengthen public access to 

databases within and across agencies. 

‘‘(d) PILOT PROJECTS TO ENCOURAGE INTEGRATED COLLECTION AND MANAGEMENT OF DATA AND INTEROPERABILITY OF FEDERAL INFORMATION SYSTEMS.— 

‘‘(1) IN GENERAL.—In order to provide input to the 

study under subsection (c), the Director shall designate, in consultation with agencies, a series of no 

more than 5 pilot projects that integrate data elements. The Director shall consult with agencies, the 

regulated community, public interest organizations, 

and the public on the implementation of the pilot 

projects. 

‘‘(2) GOALS OF PILOT PROJECTS.— 

‘‘(A) IN GENERAL.—Each goal described under subparagraph (B) shall be addressed by at least 1 pilot 

project each. 

‘‘(B) GOALS.—The goals under this paragraph are 

to— 

‘‘(i) reduce information collection burdens by 

eliminating duplicative data elements within 2 or 

more reporting requirements; 

‘‘(ii) create interoperability between or among 

public databases managed by 2 or more agencies 

using technologies and techniques that facilitate 

public access; and 

‘‘(iii) develop, or enable the development of, 

software to reduce errors in electronically submitted information. 

‘‘(3) INPUT.—Each pilot project shall seek input 

from users on the utility of the pilot project and 

areas for improvement. To the extent practicable, the 

Director shall consult with relevant agencies and 

State, tribal, and local governments in carrying out 

the report and pilot projects under this section. 

‘‘(e) PROTECTIONS.—The activities authorized under 

this section shall afford protections for— 

‘‘(1) confidential business information consistent 

with section 552(b)(4) of title 5, United States Code, 

and other relevant law; 

‘‘(2) personal privacy information under sections 

552(b)(6) and (7)(C) and 552a of title 5, United States 

Code, and other relevant law; 

‘‘(3) other information consistent with section 

552(b)(3) of title 5, United States Code, and other relevant law; and 

‘‘(4) confidential statistical information collected 

under a confidentiality pledge, solely for statistical 

purposes, consistent with the Office of Management 

and Budget’s Federal Statistical Confidentiality 

Order, and other relevant law. 

‘‘SEC. 213. COMMUNITY TECHNOLOGY CENTERS. 

‘‘(a) PURPOSES.—The purposes of this section are to— 

‘‘(1) study and enhance the effectiveness of community technology centers, public libraries, and other 

institutions that provide computer and Internet access to the public; and 

‘‘(2) promote awareness of the availability of online government information and services, to users of 

community technology centers, public libraries, and 

other public facilities that provide access to computer technology and Internet access to the public. 

‘‘(b) STUDY AND REPORT.—Not later than 2 years after 

the effective date of this title [see Effective Date note 

set out under section 3601 of this title], the Administrator shall— 

‘‘(1) ensure that a study is conducted to evaluate 

the best practices of community technology centers 

that have received Federal funds; and 

‘‘(2) submit a report on the study to— 

‘‘(A) the Committee on Governmental Affairs 

[now Committee on Homeland Security and Governmental Affairs] of the Senate; 

‘‘(B) the Committee on Health, Education, Labor, 

and Pensions of the Senate; 

‘‘(C) the Committee on Government Reform [now 

Committee on Oversight and Government Reform] 

of the House of Representatives; and 

‘‘(D) the Committee on Education and the Workforce [now Committee on Education and Labor] of 

the House of Representatives. 

‘‘(c) CONTENTS.—The report under subsection (b) may 

consider— 

‘‘(1) an evaluation of the best practices being used 

by successful community technology centers; 

‘‘(2) a strategy for— 

‘‘(A) continuing the evaluation of best practices 

used by community technology centers; and 

‘‘(B) establishing a network to share information 

and resources as community technology centers 

evolve; 

‘‘(3) the identification of methods to expand the use 

of best practices to assist community technology centers, public libraries, and other institutions that provide computer and Internet access to the public; 

‘‘(4) a database of all community technology centers that have received Federal funds, including— 

‘‘(A) each center’s name, location, services provided, director, other points of contact, number of 

individuals served; and 

‘‘(B) other relevant information; 

‘‘(5) an analysis of whether community technology 

centers have been deployed effectively in urban and 

rural areas throughout the Nation; and 

‘‘(6) recommendations of how to— 

‘‘(A) enhance the development of community 

technology centers; and 

‘‘(B) establish a network to share information and 

resources. 

‘‘(d) COOPERATION.—All agencies that fund community technology centers shall provide to the Administrator any information and assistance necessary for the 

completion of the study and the report under this section. 

‘‘(e) ASSISTANCE.— 

‘‘(1) IN GENERAL.—The Administrator, in consultation with the Secretary of Education, shall work with 

other relevant Federal agencies, and other interested 

persons in the private and nonprofit sectors to— 

‘‘(A) assist in the implementation of recommendations; and 

‘‘(B) identify other ways to assist community 

technology centers, public libraries, and other institutions that provide computer and Internet access to the public. 

‘‘(2) TYPES OF ASSISTANCE.—Assistance under this 

subsection may include— 

‘‘(A) contribution of funds; 

‘‘(B) donations of equipment, and training in the 

use and maintenance of the equipment; and 

‘‘(C) the provision of basic instruction or training 

material in computer skills and Internet usage. 

‘‘(f) ONLINE TUTORIAL.— 

‘‘(1) IN GENERAL.—The Administrator, in consultation with the Secretary of Education, the Director of 

the Institute of Museum and Library Services, other 

relevant agencies, and the public, shall develop an 

online tutorial that— 

‘‘(A) explains how to access Government information and services on the Internet; and 

‘‘(B) provides a guide to available online resources. 

‘‘(2) DISTRIBUTION.—The Administrator, with assistance from the Secretary of Education, shall distribute information on the tutorial to community 

technology centers, public libraries, and other institutions that afford Internet access to the public. 

‘‘(g) PROMOTION OF COMMUNITY TECHNOLOGY CENTERS.—The Administrator, with assistance from the 

§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 114 

Department of Education and in consultation with 

other agencies and organizations, shall promote the 

availability of community technology centers to raise 

awareness within each community where such a center 

is located. 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated for the study of best 

practices at community technology centers, for the development and dissemination of the online tutorial, 

and for the promotion of community technology centers under this section— 

‘‘(1) $2,000,000 in fiscal year 2003; 

‘‘(2) $2,000,000 in fiscal year 2004; and 

‘‘(3) such sums as are necessary in fiscal years 2005 

through 2007. 

‘‘SEC. 214. ENHANCING CRISIS MANAGEMENT 

THROUGH ADVANCED INFORMATION TECHNOLOGY. 

‘‘(a) PURPOSE.—The purpose of this section is to improve how information technology is used in coordinating and facilitating information on disaster preparedness, response, and recovery, while ensuring the 

availability of such information across multiple access 

channels. 

‘‘(b) IN GENERAL.— 

‘‘(1) STUDY ON ENHANCEMENT OF CRISIS RESPONSE.— 

Not later than 90 days after the date of enactment of 

this Act [Dec. 17, 2002], the Administrator, in consultation with the Federal Emergency Management 

Agency, shall ensure that a study is conducted on 

using information technology to enhance crisis preparedness, response, and consequence management of 

natural and manmade disasters. 

‘‘(2) CONTENTS.—The study under this subsection 

shall address— 

‘‘(A) a research and implementation strategy for 

effective use of information technology in crisis response and consequence management, including the 

more effective use of technologies, management of 

information technology research initiatives, and 

incorporation of research advances into the information and communications systems of— 

‘‘(i) the Federal Emergency Management Agency; and 

‘‘(ii) other Federal, State, and local agencies responsible for crisis preparedness, response, and 

consequence management; and 

‘‘(B) opportunities for research and development 

on enhanced technologies into areas of potential 

improvement as determined during the course of 

the study. 

‘‘(3) REPORT.—Not later than 2 years after the date 

on which a contract is entered into under paragraph 

(1), the Administrator shall submit a report on the 

study, including findings and recommendations to— 

‘‘(A) the Committee on Governmental Affairs 

[now Committee on Homeland Security and Governmental Affairs] of the Senate; and 

‘‘(B) the Committee on Government Reform [now 

Committee on Oversight and Government Reform] 

of the House of Representatives. 

‘‘(4) INTERAGENCY COOPERATION.—Other Federal departments and agencies with responsibility for disaster relief and emergency assistance shall fully cooperate with the Administrator in carrying out this 

section. 

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated for research under this 

subsection, such sums as are necessary for fiscal year 

2003. 

‘‘(c) PILOT PROJECTS.—Based on the results of the research conducted under subsection (b), the Administrator, in consultation with the Federal Emergency 

Management Agency, shall initiate pilot projects or report to Congress on other activities that further the 

goal of maximizing the utility of information technology in disaster management. The Administrator 

shall cooperate with other relevant agencies, and, if appropriate, State, local, and tribal governments, in initiating such pilot projects. 

‘‘SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET. 

‘‘(a) STUDY AND REPORT.— 

‘‘(1) STUDY.—Not later than 90 days after the date of 

enactment of this Act [Dec. 17, 2002], the Administrator of General Services shall request that the National Academy of Sciences, acting through the National Research Council, enter into a contract to conduct a study on disparities in Internet access for online Government services. 

‘‘(2) REPORT.—Not later than 2 years after the date 

of enactment of this Act, the Administrator of General Services shall submit to the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and 

the Committee on Government Reform [now Committee on Oversight and Government Reform] of the 

House of Representatives a final report of the study 

under this section, which shall set forth the findings, 

conclusions, and recommendations of the National 

Research Council. 

‘‘(b) CONTENTS.—The report under subsection (a) shall 

include a study of— 

‘‘(1) how disparities in Internet access influence the 

effectiveness of online Government services, including a review of— 

‘‘(A) the nature of disparities in Internet access; 

‘‘(B) the affordability of Internet service; 

‘‘(C) the incidence of disparities among different 

groups within the population; and 

‘‘(D) changes in the nature of personal and public 

Internet access that may alleviate or aggravate effective access to online Government services; 

‘‘(2) how the increase in online Government services 

is influencing the disparities in Internet access and 

how technology development or diffusion trends may 

offset such adverse influences; and 

‘‘(3) related societal effects arising from the interplay of disparities in Internet access and the increase 

in online Government services. 

‘‘(c) RECOMMENDATIONS.—The report shall include recommendations on actions to ensure that online Government initiatives shall not have the unintended result of 

increasing any deficiency in public access to Government services. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated $950,000 in fiscal year 2003 

to carry out this section. 

‘‘SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC 

INFORMATION SYSTEMS. 

‘‘(a) PURPOSES.—The purposes of this section are to— 

‘‘(1) reduce redundant data collection and information; and 

‘‘(2) promote collaboration and use of standards for 

government geographic information. 

‘‘(b) DEFINITION.—In this section, the term ‘geographic information’ means information systems that 

involve locational data, such as maps or other 

geospatial information resources. 

‘‘(c) IN GENERAL.— 

‘‘(1) COMMON PROTOCOLS.—The Administrator, in 

consultation with the Secretary of the Interior, 

working with the Director and through an interagency group, and working with private sector experts, State, local, and tribal governments, commercial and international standards groups, and other interested parties, shall facilitate the development of 

common protocols for the development, acquisition, 

maintenance, distribution, and application of geographic information. If practicable, the Administrator shall incorporate intergovernmental and public private geographic information partnerships into 

efforts under this subsection. 

‘‘(2) INTERAGENCY GROUP.—The interagency group 

referred to under paragraph (1) shall include representatives of the National Institute of Standards 

and Technology and other agencies. 

‘‘(d) DIRECTOR.—The Director shall oversee— 

‘‘(1) the interagency initiative to develop common 

protocols; 

Page 115 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

‘‘(2) the coordination with State, local, and tribal 

governments, public private partnerships, and other 

interested persons on effective and efficient ways to 

align geographic information and develop common 

protocols; and 

‘‘(3) the adoption of common standards relating to 

the protocols. 

‘‘(e) COMMON PROTOCOLS.—The common protocols 

shall be designed to— 

‘‘(1) maximize the degree to which unclassified geographic information from various sources can be 

made electronically compatible and accessible; and 

‘‘(2) promote the development of interoperable geographic information systems technologies that 

shall— 

‘‘(A) allow widespread, low-cost use and sharing 

of geographic data by Federal agencies, State, 

local, and tribal governments, and the public; and 

‘‘(B) enable the enhancement of services using geographic data. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated such sums as are necessary to carry out this section, for each of the fiscal 

years 2003 through 2007.’’ 

INFORMATION SECURITY RESPONSIBILITIES OF CERTAIN

AGENCIES

Pub. L. 107–347, title III, §301(c)(1)(A), Dec. 17, 2002, 116 

Stat. 2955, provided that: ‘‘Nothing in this Act [see Tables for classification] (including any amendment made 

by this Act) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, 

or other agency head, as authorized by law and as directed by the President, with regard to the operation, 

control, or management of national security systems, 

as defined by section 3542(b)(2) of title 44, United States 

Code.’’ 

[Reference to the Director of Central Intelligence or 

the Director of the Central Intelligence Agency in the 

Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of 

the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as 

a note under section 401 of Title 50, War and National 

Defense.] 

ATOMIC ENERGY ACT OF 1954 

Pub. L. 107–347, title III, §301(c)(2), Dec. 17, 2002, 116 

Stat. 2955, provided that: ‘‘Nothing in this Act [see Tables for classification] shall supersede any requirement 

made by or under the Atomic Energy Act of 1954 (42 

U.S.C. 2011 et seq.). Restricted data or formerly restricted data shall be handled, protected, classified, 

downgraded, and declassified in conformity with the 

Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).’’ 

CONFIDENTIAL INFORMATION PROTECTION AND

STATISTICAL EFFICIENCY

Pub. L. 107–347, title V, Dec. 17, 2002, 116 Stat. 2962, 

provided that: 

‘‘SEC. 501. SHORT TITLE. 

‘‘This title may be cited as the ‘Confidential Information Protection and Statistical Efficiency Act of 2002’. 

‘‘SEC. 502. DEFINITIONS. 

‘‘As used in this title: 

‘‘(1) The term ‘agency’ means any entity that falls 

within the definition of the term ‘executive agency’ 

as defined in section 102 of title 31, United States 

Code, or ‘agency’, as defined in section 3502 of title 44, 

United States Code. 

‘‘(2) The term ‘agent’ means an individual— 

‘‘(A)(i) who is an employee of a private organization or a researcher affiliated with an institution of 

higher learning (including a person granted special 

sworn status by the Bureau of the Census under section 23(c) of title 13, United States Code), and with 

whom a contract or other agreement is executed, 

on a temporary basis, by an executive agency to 

perform exclusively statistical activities under the 

control and supervision of an officer or employee of 

that agency; 

‘‘(ii) who is working under the authority of a government entity with which a contract or other 

agreement is executed by an executive agency to 

perform exclusively statistical activities under the 

control of an officer or employee of that agency; 

‘‘(iii) who is a self-employed researcher, a consultant, a contractor, or an employee of a contractor, and with whom a contract or other agreement is executed by an executive agency to perform 

a statistical activity under the control of an officer 

or employee of that agency; or 

‘‘(iv) who is a contractor or an employee of a contractor, and who is engaged by the agency to design 

or maintain the systems for handling or storage of 

data received under this title; and 

‘‘(B) who agrees in writing to comply with all provisions of law that affect information acquired by 

that agency. 

‘‘(3) The term ‘business data’ means operating and 

financial data and information about businesses, taxexempt organizations, and government entities. 

‘‘(4) The term ‘identifiable form’ means any representation of information that permits the identity 

of the respondent to whom the information applies to 

be reasonably inferred by either direct or indirect 

means. 

‘‘(5) The term ‘nonstatistical purpose’— 

‘‘(A) means the use of data in identifiable form 

for any purpose that is not a statistical purpose, including any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent; and 

‘‘(B) includes the disclosure under section 552 of 

title 5, United States Code (popularly known as the 

Freedom of Information Act) of data that are acquired for exclusively statistical purposes under a 

pledge of confidentiality. 

‘‘(6) The term ‘respondent’ means a person who, or 

organization that, is requested or required to supply 

information to an agency, is the subject of information requested or required to be supplied to an agency, or provides that information to an agency. 

‘‘(7) The term ‘statistical activities’— 

‘‘(A) means the collection, compilation, processing, or analysis of data for the purpose of describing or making estimates concerning the whole, 

or relevant groups or components within, the economy, society, or the natural environment; and 

‘‘(B) includes the development of methods or resources that support those activities, such as measurement methods, models, statistical classifications, or sampling frames. 

‘‘(8) The term ‘statistical agency or unit’ means an 

agency or organizational unit of the executive branch 

whose activities are predominantly the collection, 

compilation, processing, or analysis of information 

for statistical purposes. 

‘‘(9) The term ‘statistical purpose’— 

‘‘(A) means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and 

‘‘(B) includes the development, implementation, 

or maintenance of methods, technical or administrative procedures, or information resources that 

support the purposes described in subparagraph (A). 

‘‘SEC. 503. COORDINATION AND OVERSIGHT OF 

POLICIES. 

‘‘(a) IN GENERAL.—The Director of the Office of Management and Budget shall coordinate and oversee the 

confidentiality and disclosure policies established by 

§ 3501 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 116 

this title. The Director may promulgate rules or provide other guidance to ensure consistent interpretation 

of this title by the affected agencies. 

‘‘(b) AGENCY RULES.—Subject to subsection (c), agencies may promulgate rules to implement this title. 

Rules governing disclosures of information that are authorized by this title shall be promulgated by the agency that originally collected the information. 

‘‘(c) REVIEW AND APPROVAL OF RULES.—The Director 

shall review any rules proposed by an agency pursuant 

to this title for consistency with the provisions of this 

title and chapter 35 of title 44, United States Code, and 

such rules shall be subject to the approval of the Director. 

‘‘(d) REPORTS.— 

‘‘(1) The head of each agency shall provide to the 

Director of the Office of Management and Budget 

such reports and other information as the Director 

requests. 

‘‘(2) Each Designated Statistical Agency referred to 

in section 522 shall report annually to the Director of 

the Office of Management and Budget, the Committee 

on Government Reform [now Committee on Oversight 

and Government Reform] of the House of Representatives, and the Committee on Governmental Affairs 

[now Committee on Homeland Security and Governmental Affairs] of the Senate on the actions it has 

taken to implement sections 523 and 524. The report 

shall include copies of each written agreement entered into pursuant to section 524(a) for the applicable year. 

‘‘(3) The Director of the Office of Management and 

Budget shall include a summary of reports submitted 

to the Director under paragraph (2) and actions taken 

by the Director to advance the purposes of this title 

in the annual report to the Congress on statistical 

programs prepared under section 3504(e)(2) of title 44, 

United States Code. 

‘‘SEC. 504. EFFECT ON OTHER LAWS. 

‘‘(a) TITLE 44, UNITED STATES CODE.—This title, including amendments made by this title, does not diminish the authority under section 3510 of title 44, 

United States Code, of the Director of the Office of 

Management and Budget to direct, and of an agency to 

make, disclosures that are not inconsistent with any 

applicable law. 

‘‘(b) TITLE 13 AND TITLE 44, UNITED STATES CODE.— 

This title, including amendments made by this title, 

does not diminish the authority of the Bureau of the 

Census to provide information in accordance with sections 8, 16, 301, and 401 of title 13, United States Code, 

and section 2108 of title 44, United States Code. 

‘‘(c) TITLE 13, UNITED STATES CODE.—This title, including amendments made by this title, shall not be 

construed as authorizing the disclosure for nonstatistical purposes of demographic data or information collected by the Census Bureau pursuant to section 9 of 

title 13, United States Code. 

‘‘(d) VARIOUS ENERGY STATUTES.—Data or information acquired by the Energy Information Administration under a pledge of confidentiality and designated 

by the Energy Information Administration to be used 

for exclusively statistical purposes shall not be disclosed in identifiable form for nonstatistical purposes 

under— 

‘‘(1) section 12, 20, or 59 of the Federal Energy Administration Act of 1974 (15 U.S.C. 771, 779, 790h); 

‘‘(2) section 11 of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796); or 

‘‘(3) section 205 or 407 of the Department of the Energy Organization Act of 1977 (42 U.S.C. 7135, 7177). 

‘‘(e) SECTION 201 OF CONGRESSIONAL BUDGET ACT OF

1974 [2 U.S.C. 601].—This title, including amendments 

made by this title, shall not be construed to limit any 

authorities of the Congressional Budget Office to work 

(consistent with laws governing the confidentiality of 

information the disclosure of which would be a violation of law) with databases of Designated Statistical 

Agencies (as defined in section 522), either separately 

or, for data that may be shared pursuant to section 524 

of this title or other authority, jointly in order to improve the general utility of these databases for the statistical purpose of analyzing pension and health care financing issues. 

‘‘(f) PREEMPTION OF STATE LAW.—Nothing in this title 

shall preempt applicable State law regarding the confidentiality of data collected by the States. 

‘‘(g) STATUTES REGARDING FALSE STATEMENTS.—Notwithstanding section 512, information collected by an 

agency for exclusively statistical purposes under a 

pledge of confidentiality may be provided by the collecting agency to a law enforcement agency for the 

prosecution of submissions to the collecting agency of 

false statistical information under statutes that authorize criminal penalties (such as section 221 of title 

13, United States Code) or civil penalties for the provision of false statistical information, unless such disclosure or use would otherwise be prohibited under Federal law. 

‘‘(h) CONSTRUCTION.—Nothing in this title shall be 

construed as restricting or diminishing any confidentiality protections or penalties for unauthorized disclosure that otherwise apply to data or information collected for statistical purposes or nonstatistical purposes, including, but not limited to, section 6103 of the 

Internal Revenue Code of 1986 (26 U.S.C. 6103). 

‘‘(i) AUTHORITY OF CONGRESS.—Nothing in this title 

shall be construed to affect the authority of the Congress, including its committees, members, or agents, to 

obtain data or information for a statistical purpose, including for oversight of an agency’s statistical activities. 

‘‘SUBTITLE A—CONFIDENTIAL INFORMATION PROTECTION

‘‘SEC. 511. FINDINGS AND PURPOSES. 

‘‘(a) FINDINGS.—The Congress finds the following: 

‘‘(1) Individuals, businesses, and other organizations have varying degrees of legal protection when 

providing information to the agencies for strictly statistical purposes. 

‘‘(2) Pledges of confidentiality by agencies provide 

assurances to the public that information about individuals or organizations or provided by individuals or 

organizations for exclusively statistical purposes will 

be held in confidence and will not be used against 

such individuals or organizations in any agency action. 

‘‘(3) Protecting the confidentiality interests of individuals or organizations who provide information 

under a pledge of confidentiality for Federal statistical programs serves both the interests of the public 

and the needs of society. 

‘‘(4) Declining trust of the public in the protection 

of information provided under a pledge of confidentiality to the agencies adversely affects both the accuracy and completeness of statistical analyses. 

‘‘(5) Ensuring that information provided under a 

pledge of confidentiality for statistical purposes receives protection is essential in continuing public cooperation in statistical programs. 

‘‘(b) PURPOSES.—The purposes of this subtitle are the 

following: 

‘‘(1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes under a pledge of confidentiality is used exclusively for statistical purposes. 

‘‘(2) To ensure that individuals or organizations 

who supply information under a pledge of confidentiality to agencies for statistical purposes will neither have that information disclosed in identifiable 

form to anyone not authorized by this title nor have 

that information used for any purpose other than a 

statistical purpose. 

‘‘(3) To safeguard the confidentiality of individually 

identifiable information acquired under a pledge of 

confidentiality for statistical purposes by controlling 

access to, and uses made of, such information. 

‘‘SEC. 512. LIMITATIONS ON USE AND DISCLOSURE 

OF DATA AND INFORMATION. 

‘‘(a) USE OF STATISTICAL DATA OR INFORMATION.—Data 

or information acquired by an agency under a pledge of 

Page 117 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 

confidentiality and for exclusively statistical purposes 

shall be used by officers, employees, or agents of the 

agency exclusively for statistical purposes. 

‘‘(b) DISCLOSURE OF STATISTICAL DATA OR INFORMATION.— 

‘‘(1) Data or information acquired by an agency 

under a pledge of confidentiality for exclusively statistical purposes shall not be disclosed by an agency 

in identifiable form, for any use other than an exclusively statistical purpose, except with the informed 

consent of the respondent. 

‘‘(2) A disclosure pursuant to paragraph (1) is authorized only when the head of the agency approves 

such disclosure and the disclosure is not prohibited 

by any other law. 

‘‘(3) This section does not restrict or diminish any 

confidentiality protections in law that otherwise 

apply to data or information acquired by an agency 

under a pledge of confidentiality for exclusively statistical purposes. 

‘‘(c) RULE FOR USE OF DATA OR INFORMATION FOR NONSTATISTICAL PURPOSES.—A statistical agency or unit 

shall clearly distinguish any data or information it collects for nonstatistical purposes (as authorized by law) 

and provide notice to the public, before the data or information is collected, that the data or information 

could be used for nonstatistical purposes. 

‘‘(d) DESIGNATION OF AGENTS.—A statistical agency or 

unit may designate agents, by contract or by entering 

into a special agreement containing the provisions required under section 502(2) for treatment as an agent 

under that section, who may perform exclusively statistical activities, subject to the limitations and penalties described in this title. 

‘‘SEC. 513. FINES AND PENALTIES. 

‘‘Whoever, being an officer, employee, or agent of an 

agency acquiring information for exclusively statistical purposes, having taken and subscribed the oath of 

office, or having sworn to observe the limitations imposed by section 512, comes into possession of such information by reason of his or her being an officer, employee, or agent and, knowing that the disclosure of 

the specific information is prohibited under the provisions of this title, willfully discloses the information in 

any manner to a person or agency not entitled to receive it, shall be guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than 

$250,000, or both. 

‘‘SUBTITLE B—STATISTICAL EFFICIENCY

‘‘SEC. 521. FINDINGS AND PURPOSES. 

‘‘(a) FINDINGS.—The Congress finds the following: 

‘‘(1) Federal statistics are an important source of 

information for public and private decision-makers 

such as policymakers, consumers, businesses, investors, and workers. 

‘‘(2) Federal statistical agencies should continuously seek to improve their efficiency. Statutory 

constraints limit the ability of these agencies to 

share data and thus to achieve higher efficiency for 

Federal statistical programs. 

‘‘(3) The quality of Federal statistics depends on 

the willingness of businesses to respond to statistical 

surveys. Reducing reporting burdens will increase response rates, and therefore lead to more accurate 

characterizations of the economy. 

‘‘(4) Enhanced sharing of business data among the 

Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics for exclusively statistical purposes will improve their ability 

to track more accurately the large and rapidly 

changing nature of United States business. In particular, the statistical agencies will be able to better 

ensure that businesses are consistently classified in 

appropriate industries, resolve data anomalies, 

produce statistical samples that are consistently adjusted for the entry and exit of new businesses in a 

timely manner, and correct faulty reporting errors 

quickly and efficiently. 

‘‘(5) The Congress enacted the International Investment and Trade in Services Act of 1990 [probably 

means the International Investment and Trade in 

Services Survey Act, Pub. L. 94–472, as amended by 

Pub. L. 101–533, which is classified to 22 U.S.C. 3101 et 

seq.] that allowed the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor 

Statistics to share data on foreign-owned companies. 

The Act not only expanded detailed industry coverage from 135 industries to over 800 industries with 

no increase in the data collected from respondents 

but also demonstrated how data sharing can result in 

the creation of valuable data products. 

‘‘(6) With subtitle A of this title, the sharing of 

business data among the Bureau of the Census, the 

Bureau of Economic Analysis, and the Bureau of 

Labor Statistics continues to ensure the highest level 

of confidentiality for respondents to statistical surveys. 

‘‘(b) PURPOSES.—The purposes of this subtitle are the 

following: 

‘‘(1) To authorize the sharing of business data 

among the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics 

for exclusively statistical purposes. 

‘‘(2) To reduce the paperwork burdens imposed on 

businesses that provide requested information to the 

Federal Government. 

‘‘(3) To improve the comparability and accuracy of 

Federal economic statistics by allowing the Bureau 

of the Census, the Bureau of Economic Analysis, and 

the Bureau of Labor Statistics to update sample 

frames, develop consistent classifications of establishments and companies into industries, improve 

coverage, and reconcile significant differences in data 

produced by the three agencies. 

‘‘(4) To increase understanding of the United States 

economy, especially for key industry and regional 

statistics, to develop more accurate measures of the 

impact of technology on productivity growth, and to 

enhance the reliability of the Nation’s most important economic indicators, such as the National Income and Product Accounts. 

‘‘SEC. 522. DESIGNATION OF STATISTICAL AGENCIES. 

‘‘For purposes of this subtitle, the term ‘Designated 

Statistical Agency’ means each of the following: 

‘‘(1) The Bureau of the Census of the Department of 

Commerce. 

‘‘(2) The Bureau of Economic Analysis of the Department of Commerce. 

‘‘(3) The Bureau of Labor Statistics of the Department of Labor. 

‘‘SEC. 523. RESPONSIBILITIES OF DESIGNATED 

STATISTICAL AGENCIES. 

‘‘The head of each of the Designated Statistical Agencies shall— 

‘‘(1) identify opportunities to eliminate duplication 

and otherwise reduce reporting burden and cost imposed on the public in providing information for statistical purposes; 

‘‘(2) enter into joint statistical projects to improve 

the quality and reduce the cost of statistical programs; and 

‘‘(3) protect the confidentiality of individually identifiable information acquired for statistical purposes 

by adhering to safeguard principles, including— 

‘‘(A) emphasizing to their officers, employees, and 

agents the importance of protecting the confidentiality of information in cases where the identity of 

individual respondents can reasonably be inferred 

by either direct or indirect means; 

‘‘(B) training their officers, employees, and 

agents in their legal obligations to protect the confidentiality of individually identifiable information 

and in the procedures that must be followed to provide access to such information; 

‘‘(C) implementing appropriate measures to assure the physical and electronic security of confidential data; 

§ 3502 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 118 

‘‘(D) establishing a system of records that identifies individuals accessing confidential data and the 

project for which the data were required; and 

‘‘(E) being prepared to document their compliance with safeguard principles to other agencies authorized by law to monitor such compliance. 

‘‘SEC. 524. SHARING OF BUSINESS DATA AMONG 

DESIGNATED STATISTICAL AGENCIES. 

‘‘(a) IN GENERAL.—A Designated Statistical Agency 

may provide business data in an identifiable form to 

another Designated Statistical Agency under the terms 

of a written agreement among the agencies sharing the 

business data that specifies— 

‘‘(1) the business data to be shared; 

‘‘(2) the statistical purposes for which the business 

data are to be used; 

‘‘(3) the officers, employees, and agents authorized 

to examine the business data to be shared; and 

‘‘(4) appropriate security procedures to safeguard 

the confidentiality of the business data. 

‘‘(b) RESPONSIBILITIES OF AGENCIES UNDER OTHER

LAWS.—The provision of business data by an agency to 

a Designated Statistical Agency under this subtitle 

shall in no way alter the responsibility of the agency 

providing the data under other statutes (including section 552 of title 5, United States Code (popularly known 

as the Freedom of Information Act), and section 552b of 

title 5, United States Code (popularly known as the Privacy Act of 1974 [Pub. L. 93–579, see Short Title note set 

out under section 552a of Title 5, Government Organization and Employees])) with respect to the provision or 

withholding of such information by the agency providing the data. 

‘‘(c) RESPONSIBILITIES OF OFFICERS, EMPLOYEES, AND

AGENTS.—Examination of business data in identifiable 

form shall be limited to the officers, employees, and 

agents authorized to examine the individual reports in 

accordance with written agreements pursuant to this 

section. Officers, employees, and agents of a Designated 

Statistical Agency who receive data pursuant to this 

subtitle shall be subject to all provisions of law, including penalties, that relate— 

‘‘(1) to the unlawful provision of the business data 

that would apply to the officers, employees, and 

agents of the agency that originally obtained the information; and 

‘‘(2) to the unlawful disclosure of the business data 

that would apply to officers, employees, and agents of 

the agency that originally obtained the information. 

‘‘(d) NOTICE.—Whenever a written agreement concerns data that respondents were required by law to report and the respondents were not informed that the 

data could be shared among the Designated Statistical 

Agencies, for exclusively statistical purposes, the 

terms of such agreement shall be described in a public 

notice issued by the agency that intends to provide the 

data. Such notice shall allow a minimum of 60 days for 

public comment. 

‘‘SEC. 525. LIMITATIONS ON USE OF BUSINESS 

DATA PROVIDED BY DESIGNATED STATISTICAL AGENCIES. 

‘‘(a) USE, GENERALLY.—Business data provided by a 

Designated Statistical Agency pursuant to this subtitle 

shall be used exclusively for statistical purposes. 

‘‘(b) PUBLICATION.—Publication of business data acquired by a Designated Statistical Agency shall occur 

in a manner whereby the data furnished by any particular respondent are not in identifiable form. 

‘‘SEC. 526. CONFORMING AMENDMENTS. 

‘‘(a) DEPARTMENT OF COMMERCE.—[Amended section 

176a of Title 15, Commerce and Trade.] 

‘‘(b) TITLE 13.—[Enacted section 402 of Title 13, Census.]’’. 

WAIVER OF PAPERWORK REDUCTION

Pub. L. 101–508, title IV, §4711(f), Nov. 5, 1990, 104 Stat. 

1388–187, provided that: ‘‘Chapter 35 of title 44, United 

States Code, and Executive Order 12291 [formerly set 

out as a note under section 601 of Title 5, Government 

Organization and Employees] shall not apply to information and regulations required for purposes of carrying out this Act [see Tables for classification] and 

implementing the amendments made by this Act.’’ 

§ 3502. Definitions 

As used in this subchapter— 

(1) the term ‘‘agency’’ means any executive 

department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the 

Executive Office of the President), or any 

independent regulatory agency, but does not 

include— 

(A) the Government Accountability Office; 

(B) Federal Election Commission; 

(C) the governments of the District of Columbia and of the territories and possessions 

of the United States, and their various subdivisions; or 

(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; 

(2) the term ‘‘burden’’ means time, effort, or 

financial resources expended by persons to 

generate, maintain, or provide information to 

or for a Federal agency, including the resources expended for— 

(A) reviewing instructions; 

(B) acquiring, installing, and utilizing 

technology and systems; 

(C) adjusting the existing ways to comply 

with any previously applicable instructions 

and requirements; 

(D) searching data sources; 

(E) completing and reviewing the collection of information; and 

(F) transmitting, or otherwise disclosing 

the information; 

(3) the term ‘‘collection of information’’— 

(A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure 

to third parties or the public, of facts or 

opinions by or for an agency, regardless of 

form or format, calling for either— 

(i) answers to identical questions posed 

to, or identical reporting or recordkeeping 

requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or 

(ii) answers to questions posed to agencies, instrumentalities, or employees of 

the United States which are to be used for 

general statistical purposes; and 

(B) shall not include a collection of information described under section 3518(c)(1); 

(4) the term ‘‘Director’’ means the Director 

of the Office of Management and Budget; 

(5) the term ‘‘independent regulatory agency’’ means the Board of Governors of the Federal Reserve System, the Commodity Futures 

Trading Commission, the Consumer Product 

Safety Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Energy Regulatory Commission, the Federal Housing FiVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00126 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 119 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3503 

nance Board, the Federal Maritime Commission, the Federal Trade Commission, the 

Interstate Commerce Commission, the Mine 

Enforcement Safety and Health Review Commission, the National Labor Relations Board, 

the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Postal Regulatory Commission, the 

Securities and Exchange Commission, and any 

other similar agency designated by statute as 

a Federal independent regulatory agency or 

commission; 

(6) the term ‘‘information resources’’ means 

information and related resources, such as 

personnel, equipment, funds, and information 

technology; 

(7) the term ‘‘information resources management’’ means the process of managing information resources to accomplish agency missions and to improve agency performance, including through the reduction of information 

collection burdens on the public; 

(8) the term ‘‘information system’’ means a 

discrete set of information resources organized 

for the collection, processing, maintenance, 

use, sharing, dissemination, or disposition of 

information; 

(9) the term ‘‘information technology’’ has 

the meaning given that term in section 11101 

of title 40 but does not include national security systems as defined in section 11103 of title 

40; 

(10) the term ‘‘person’’ means an individual, 

partnership, association, corporation, business 

trust, or legal representative, an organized 

group of individuals, a State, territorial, tribal, or local government or branch thereof, or a 

political subdivision of a State, territory, tribal, or local government or a branch of a political subdivision; 

(11) the term ‘‘practical utility’’ means the 

ability of an agency to use information, particularly the capability to process such information in a timely and useful fashion; 

(12) the term ‘‘public information’’ means 

any information, regardless of form or format, 

that an agency discloses, disseminates, or 

makes available to the public; 

(13) the term ‘‘recordkeeping requirement’’ 

means a requirement imposed by or for an 

agency on persons to maintain specified 

records, including a requirement to— 

(A) retain such records; 

(B) notify third parties, the Federal Government, or the public of the existence of 

such records; 

(C) disclose such records to third parties, 

the Federal Government, or the public; or 

(D) report to third parties, the Federal 

Government, or the public regarding such 

records; and 

(14) the term ‘‘penalty’’ includes the imposition by an agency or court of a fine or other 

punishment; a judgment for monetary damages or equitable relief; or the revocation, suspension, reduction, or denial of a license, 

privilege, right, grant, or benefit. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

164; amended Pub. L. 104–106, div. E, title LVI, 

§5605(a), Feb. 10, 1996, 110 Stat. 700; Pub. L. 

105–85, div. A, title X, §1073(h)(5)(A), Nov. 18, 

1997, 111 Stat. 1907; Pub. L. 106–398, §1 [[div. A], 

title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–275; Pub. L. 107–217, §3(l)(4), Aug. 21, 2002, 

116 Stat. 1301; Pub. L. 108–271, §8(b), July 7, 2004, 

118 Stat. 814; Pub. L. 109–435, title VI, §604(e), 

Dec. 20, 2006, 120 Stat. 3242.) 

PRIOR PROVISIONS

A prior section 3502, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2813; amended Pub. L. 98–443, §9(h), Oct. 

4, 1984, 98 Stat. 1708; Pub. L. 99–500, §101(m) [title VIII, 

§812], Oct. 18, 1986, 100 Stat. 1783–308, 1783–335, and Pub. 

L. 99–591, §101(m) [title VIII, §812], Oct. 30, 1986, 100 

Stat. 3341–308, 3341–335; Pub. L. 101–73, title VII, §744(e), 

Aug. 9, 1989, 103 Stat. 438, defined terms used in this 

chapter prior to the general amendment of this chapter 

by Pub. L. 104–13. 

Another prior section 3502, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1302; Pub. L. 93–153, title IV, §409(a), Nov. 

16, 1973, 87 Stat. 593, defined ‘‘Federal agency’’, ‘‘person’’, and ‘‘information’’, prior to the general amendment of this chapter by Pub. L. 96–511. 

AMENDMENTS

2006—Par. (5). Pub. L. 109–435 substituted ‘‘Postal 

Regulatory Commission’’ for ‘‘Postal Rate Commission’’. 

2004—Par. (1)(A). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting 

Office’’. 

2002—Par. (9). Pub. L. 107–217 substituted ‘‘section 

11101 of title 40’’ for ‘‘section 5002 of the Clinger-Cohen 

Act of 1996 (40 U.S.C. 1401)’’ and ‘‘section 11103 of title 

40’’ for ‘‘section 5142 of that Act (40 U.S.C. 1452)’’. 

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’ in introductory provisions. 

1997—Par. (9). Pub. L. 105–85 substituted ‘‘the ClingerCohen Act of 1996 (40 U.S.C. 1401)’’ for ‘‘the Information 

Technology Management Reform Act of 1996’’ and inserted ‘‘(40 U.S.C. 1452)’’ after ‘‘that Act’’. 

1996—Par. (9). Pub. L. 104–106 added par. (9) and struck 

out former par. (9) which read as follows: ‘‘the term ‘information technology’ has the same meaning as the 

term ‘automatic data processing equipment’ as defined 

by section 111(a)(2) and (3)(C)(i) through (v) of the Federal Property and Administrative Services Act of 1949 

(40 U.S.C. 759(a)(2) and (3)(C)(i) through (v));’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–106 effective 180 days after 

Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 

1996, 110 Stat. 702. 

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND

TRANSFER OF FUNCTIONS

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise 

provided in Pub. L. 104–88, to Surface Transportation 

Board effective Jan. 1, 1996, by section 702 of Title 49, 

Transportation, and section 101 of Pub. L. 104–88, set 

out as a note under section 701 of Title 49. References 

to Interstate Commerce Commission deemed to refer to 

Surface Transportation Board, a member or employee 

of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a 

note under section 701 of Title 49. 

§ 3503. Office of Information and Regulatory Affairs 

(a) There is established in the Office of Management and Budget an office to be known as 

§ 3504 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 120 

the Office of Information and Regulatory Affairs. 

(b) There shall be at the head of the Office an 

Administrator who shall be appointed by the 

President, by and with the advice and consent of 

the Senate. The Director shall delegate to the 

Administrator the authority to administer all 

functions under this subchapter, except that any 

such delegation shall not relieve the Director of 

responsibility for the administration of such 

functions. The Administrator shall serve as 

principal adviser to the Director on Federal information resources management policy. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

166; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3503, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2814; amended Pub. L. 99–500, §101(m) 

[title VIII, §813(a)], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–336, and Pub. L. 99–591, §101(m) [title VIII, §813(a)], 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–336, related to the 

establishment of the Office of Information and Regulatory Affairs prior to the general amendment of this 

chapter by Pub. L. 104–13. 

Another prior section 3503, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1303, prescribed duties of Director of Bureau of the Budget, prior to the general amendment of 

this chapter by Pub. L. 96–511. See section 3504 of this 

title. 

AMENDMENTS

2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

DELEGATION OF OTHER FUNCTIONS TO ADMINISTRATOR

Pub. L. 96–511, §3, Dec. 11, 1980, 94 Stat. 2825, as 

amended by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 

1083; Pub. L. 99–500, §101(m) [title VIII, §821(b)(3)], Oct. 

18, 1986, 100 Stat. 1783–308, 1783–342, and Pub. L. 99–591, 

§101(m) [title VIII, §821(b)(3)], Oct. 30, 1986, 100 Stat. 

3341–308, 3341–342, provided: 

‘‘[(a) Repealed] 

‘‘(b) The Director of the Office of Management and 

Budget shall delegate to the Administrator for the Office of Information and Regulatory Affairs all functions, authority, and responsibility of the Director 

under section 552a of title 5, United States Code, under 

Executive Order 12046 [Ex. Ord. No. 12046, Mar. 27, 1978, 

43 F.R. 14193, set out as a note under section 305 of Title 

47, Telegraphs, Telephones, and Radiotelegraphs] and 

Reorganization Plan No. 1 for telecommunications 

[probably means Reorg. Plan No. 1 of 1970, 35 F.R. 6421, 

84 Stat. 2083, set out in the Appendix to Title 5, Government Organization and Employees], and under sections 

110 and 111 of the Federal Property and Administrative 

Services Act of 1949 ([former 40 U.S.C. 322 and former] 

40 U.S.C. 759).’’ 

[Section 101(m) [title VIII, §833] of Pub. L. 99–500 and 

Pub. L. 99–591 provided that: ‘‘This title and the amendments made by this title [amending former sections 

3501 to 3507, 3511, 3514, and 3520 of this title and sections 

751, 757, and 759 of former Title 40, Public Buildings, 

Property, and Works, enacting provisions set out as a 

notes under section 101 of this title and former section 

3503 of this title, amending provisions set out as a note 

above, and repealing provisions set out as a note under 

section 759 of former Title 40] shall take effect on the 

date of enactment of this Act [Oct. 18, 1986], except as 

provided in section 813(b) [set out as a note under 

former section 3503 of this title] and except that the 

provisions of section 821 and the amendments made by 

such section [amending former sections 3503 and 3504 of 

this title, sections 757 and 759 of former Title 40, and 

provisions set out as a note above] shall take effect on 

January 1, 1987.’’] 

§ 3504. Authority and functions of Director 

(a)(1) The Director shall oversee the use of information resources to improve the efficiency 

and effectiveness of governmental operations to 

serve agency missions, including burden reduction and service delivery to the public. In performing such oversight, the Director shall— 

(A) develop, coordinate and oversee the implementation of Federal information resources 

management policies, principles, standards, 

and guidelines; and 

(B) provide direction and oversee— 

(i) the review and approval of the collection of information and the reduction of the 

information collection burden; 

(ii) agency dissemination of and public access to information; 

(iii) statistical activities; 

(iv) records management activities; 

(v) privacy, confidentiality, security, disclosure, and sharing of information; and 

(vi) the acquisition and use of information 

technology, including alternative information technologies that provide for electronic 

submission, maintenance, or disclosure of 

information as a substitute for paper and for 

the use and acceptance of electronic signatures. 

(2) The authority of the Director under this 

subchapter shall be exercised consistent with 

applicable law. 

(b) With respect to general information resources management policy, the Director shall— 

(1) develop and oversee the implementation 

of uniform information resources management 

policies, principles, standards, and guidelines; 

(2) foster greater sharing, dissemination, and 

access to public information, including 

through— 

(A) the use of the Government Information 

Locator Service; and 

(B) the development and utilization of 

common standards for information collection, storage, processing and communication, including standards for security, 

interconnectivity and interoperability; 

(3) initiate and review proposals for changes 

in legislation, regulations, and agency procedures to improve information resources management practices; 

(4) oversee the development and implementation of best practices in information resources management, including training; and 

(5) oversee agency integration of program 

and management functions with information 

resources management functions. 

(c) With respect to the collection of information and the control of paperwork, the Director 

shall— 

(1) review and approve proposed agency collections of information; 

(2) coordinate the review of the collection of 

information associated with Federal procureVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00128 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 121 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 

1So in original. Probably should be followed by ‘‘and’’. 

ment and acquisition by the Office of Information and Regulatory Affairs with the Office of 

Federal Procurement Policy, with particular 

emphasis on applying information technology 

to improve the efficiency and effectiveness of 

Federal procurement, acquisition and payment, and to reduce information collection 

burdens on the public; 

(3) minimize the Federal information collection burden, with particular emphasis on those 

individuals and entities most adversely affected; 

(4) maximize the practical utility of and 

public benefit from information collected by 

or for the Federal Government; 

(5) establish and oversee standards and 

guidelines by which agencies are to estimate 

the burden to comply with a proposed collection of information; 1

(6) publish in the Federal Register and make 

available on the Internet (in consultation with 

the Small Business Administration) on an annual basis a list of the compliance assistance 

resources available to small businesses, with 

the first such publication occurring not later 

than 1 year after the date of enactment of the 

Small Business Paperwork Relief Act of 2002. 

(d) With respect to information dissemination, 

the Director shall develop and oversee the implementation of policies, principles, standards, 

and guidelines to— 

(1) apply to Federal agency dissemination of 

public information, regardless of the form or 

format in which such information is disseminated; and 

(2) promote public access to public information and fulfill the purposes of this subchapter, including through the effective use of 

information technology. 

(e) With respect to statistical policy and coordination, the Director shall— 

(1) coordinate the activities of the Federal 

statistical system to ensure— 

(A) the efficiency and effectiveness of the 

system; and 

(B) the integrity, objectivity, impartiality, 

utility, and confidentiality of information 

collected for statistical purposes; 

(2) ensure that budget proposals of agencies 

are consistent with system-wide priorities for 

maintaining and improving the quality of Federal statistics and prepare an annual report on 

statistical program funding; 

(3) develop and oversee the implementation 

of Governmentwide policies, principles, standards, and guidelines concerning— 

(A) statistical collection procedures and 

methods; 

(B) statistical data classification; 

(C) statistical information presentation 

and dissemination; 

(D) timely release of statistical data; and 

(E) such statistical data sources as may be 

required for the administration of Federal 

programs; 

(4) evaluate statistical program performance 

and agency compliance with Governmentwide 

policies, principles, standards and guidelines; 

(5) promote the sharing of information collected for statistical purposes consistent with 

privacy rights and confidentiality pledges; 

(6) coordinate the participation of the 

United States in international statistical activities, including the development of comparable statistics; 

(7) appoint a chief statistician who is a 

trained and experienced professional statistician to carry out the functions described 

under this subsection; 

(8) establish an Interagency Council on Statistical Policy to advise and assist the Director in carrying out the functions under this 

subsection that shall— 

(A) be headed by the chief statistician; and 

(B) consist of— 

(i) the heads of the major statistical programs; and 

(ii) representatives of other statistical 

agencies under rotating membership; and 

(9) provide opportunities for training in statistical policy functions to employees of the 

Federal Government under which— 

(A) each trainee shall be selected at the 

discretion of the Director based on agency 

requests and shall serve under the chief statistician for at least 6 months and not more 

than 1 year; and 

(B) all costs of the training shall be paid 

by the agency requesting training. 

(f) With respect to records management, the 

Director shall— 

(1) provide advice and assistance to the Archivist of the United States and the Administrator of General Services to promote coordination in the administration of chapters 29, 31, 

and 33 of this title with the information resources management policies, principles, 

standards, and guidelines established under 

this subchapter; 

(2) review compliance by agencies with— 

(A) the requirements of chapters 29, 31, and 

33 of this title; and 

(B) regulations promulgated by the Archivist of the United States and the Administrator of General Services; and 

(3) oversee the application of records management policies, principles, standards, and 

guidelines, including requirements for 

archiving information maintained in electronic format, in the planning and design of 

information systems. 

(g) With respect to privacy and security, the 

Director shall— 

(1) develop and oversee the implementation 

of policies, principles, standards, and guidelines on privacy, confidentiality, security, disclosure and sharing of information collected 

or maintained by or for agencies; and 

(2) oversee and coordinate compliance with 

sections 552 and 552a of title 5, sections 20 and 

21 of the National Institute of Standards and 

Technology Act (15 U.S.C. 278g–3 and 278g–4), 

section 11331 of title 40 and subchapter II of 

this chapter, and related information management laws. 

(h) With respect to Federal information technology, the Director shall— 

§ 3504 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 122 

2See References in Text note below. 

(1) in consultation with the Director of the 

National Institute of Standards and Technology and the Administrator of General Services— 

(A) develop and oversee the implementation of policies, principles, standards, and 

guidelines for information technology functions and activities of the Federal Government, including periodic evaluations of 

major information systems; and 

(B) oversee the development and implementation of standards under section 11331 

of title 40; 

(2) monitor the effectiveness of, and compliance with, directives issued under subtitle III 

of title 40 and directives issued under section 

322 2 of title 40; 

(3) coordinate the development and review 

by the Office of Information and Regulatory 

Affairs of policy associated with Federal procurement and acquisition of information technology with the Office of Federal Procurement 

Policy; 

(4) ensure, through the review of agency 

budget proposals, information resources management plans and other means— 

(A) agency integration of information resources management plans, program plans 

and budgets for acquisition and use of information technology; and 

(B) the efficiency and effectiveness of 

inter-agency information technology initiatives to improve agency performance and 

the accomplishment of agency missions; and 

(5) promote the use of information technology by the Federal Government to improve 

the productivity, efficiency, and effectiveness 

of Federal programs, including through dissemination of public information and the reduction of information collection burdens on 

the public. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

167; amended Pub. L. 104–106, div. E, title LI, 

§5131(e)(1), title LVI, §5605(b), (c), Feb. 10, 1996, 

110 Stat. 688, 700; Pub. L. 105–85, div. A, title X, 

§1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat. 1907; 

Pub. L. 105–277, div. C, title XVII, §1702, Oct. 21, 

1998, 112 Stat. 2681–749; Pub. L. 106–398, §1 [[div. 

A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–275; Pub. L. 107–198, §2(a), June 28, 2002, 116 

Stat. 729; Pub. L. 107–217, §3(l)(5), Aug. 21, 2002, 

116 Stat. 1301; Pub. L. 107–296, title X, §1005(c)(1), 

Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title 

III, §305(c)(1), Dec. 17, 2002, 116 Stat. 2960.) 

REFERENCES IN TEXT

The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsec. (c)(6), is 

the date of enactment of Pub. L. 107–198, which was approved June 28, 2002. 

Section 322 of title 40, referred to in subsec. (h)(2), 

was repealed by Pub. L. 109–313, §3(h)(1), Oct. 6, 2006, 120 

Stat. 1736. 

PRIOR PROVISIONS

A prior section 3504, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2815; amended Pub. L. 98–497, title I, 

§107(b)(26), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99–500, 

§101(m) [title VIII, §§814, 821(b)(2)], Oct. 18, 1986, 100 

Stat. 1783–308, 1783–336, 1783–342, and Pub. L. 99–591, 

§101(m) [title VIII, §§814, 821(b)(2)], Oct. 30, 1986, 100 

Stat. 3341–308, 3341–336, 3341–342, related to authority 

and functions of Director prior to the general amendment of this chapter by Pub. L. 104–13. 

Another prior section 3504, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1303, provided for designation of a central 

collection agency, prior to the general amendment of 

this chapter by Pub. L. 96–511. See section 3509 of this 

title. 

AMENDMENTS

2002—Subsec. (c)(6). Pub. L. 107–198 added par. (6). 

Subsec. (g)(1). Pub. L. 107–296, §1005(c)(1)(A), and Pub. 

L. 107–347, §305(c)(1)(A), amended par. (1) identically, inserting ‘‘and’’ at end. 

Subsec. (g)(2). Pub. L. 107–347, §305(c)(1)(B), substituted ‘‘section 11331 of title 40 and subchapter II of 

this chapter’’ for ‘‘sections 11331 and 11332(b) and (c) of 

title 40’’ and a period for ‘‘; and’’ at end. 

Pub. L. 107–296, §1005(c)(1)(B), which directed amendment of par. (2) by substituting ‘‘section 11331 of title 

40 and subchapter II of this title’’ for ‘‘sections 11331 

and 11332(b) and (c) of title 40’’ and a period for the 

semicolon, could not be executed because of amendment by Pub. L. 107–347, §305(c)(1)(B). See Amendment 

note above and Effective Date of 2002 Amendments 

notes below. 

Pub. L. 107–217, §3(l)(5)(A), substituted ‘‘sections 11331 

and 11332(b) and (c) of title 40’’ for ‘‘section 5131 of the 

Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 

5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 

759 note)’’. 

Subsec. (g)(3). Pub. L. 107–296, §1005(c)(1)(C), and Pub. 

L. 107–347, §305(c)(1)(C), amended subsec. (g) identically, 

striking out par. (3) which read as follows: ‘‘require 

Federal agencies, consistent with the standards and 

guidelines promulgated under sections 11331 and 

11332(b) and (c) of title 40, to identify and afford security protections commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or 

unauthorized access to or modification of information 

collected or maintained by or on behalf of an agency.’’ 

Pub. L. 107–217, §3(l)(5)(B), substituted ‘‘sections 11331 

and 11332(b) and (c) of title 40’’ for ‘‘section 5131 of the 

Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 

5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 

759 note)’’. 

Subsec. (h)(1)(B). Pub. L. 107–217, §3(l)(5)(C), substituted ‘‘section 11331 of title 40’’ for ‘‘section 5131 of 

the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’. 

Subsec. (h)(2). Pub. L. 107–217, §3(l)(5)(D), substituted 

‘‘subtitle III of title 40’’ for ‘‘division E of the ClingerCohen Act of 1996 (40 U.S.C. 1401 et seq.)’’ and ‘‘section 

322 of title 40’’ for ‘‘section 110 of the Federal Property 

and Administrative Services Act of 1949 (40 U.S.C. 757)’’. 

2000—Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’. 

1998—Subsec. (a)(1)(B)(vi). Pub. L. 105–277 amended cl. 

(vi) generally. Prior to amendment, cl. (vi) read as follows: ‘‘the acquisition and use of information technology.’’ 

1997—Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105–85, 

§1073(h)(5)(C), substituted ‘‘Clinger-Cohen Act of 1996 

(40 U.S.C. 1441)’’ for ‘‘Information Technology Management Reform Act of 1996’’. 

Subsec. (h)(2). Pub. L. 105–85, §1073(h)(5)(B), substituted ‘‘division E of the Clinger-Cohen Act of 1996 (40 

U.S.C. 1401 et seq.)’’ for ‘‘the Information Technology 

Management Reform Act of 1996’’. 

1996—Subsec. (g)(2). Pub. L. 104–106, §5131(e)(1)(A), 

substituted ‘‘sections 20 and 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3 

and 278g–4), section 5131 of the Information Technology 

Management Reform Act of 1996, and sections 5 and 6 of 

the Computer Security Act of 1987 (40 U.S.C. 759 note)’’ 

for ‘‘the Computer Security Act of 1987 (40 U.S.C. 759 

note)’’. 

Subsec. (g)(3). Pub. L. 104–106, §5131(e)(1)(B), substituted ‘‘the standards and guidelines promulgated 

Page 123 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 

under section 5131 of the Information Technology Management Reform Act of 1996 and sections 5 and 6 of the 

Computer Security Act of 1987 (40 U.S.C. 759 note)’’ for 

‘‘the Computer Security Act of 1987 (40 U.S.C. 759 

note)’’. 

Subsec. (h)(1)(B). Pub. L. 104–106, §5605(b), substituted 

‘‘section 5131 of the Information Technology Management Reform Act of 1996’’ for ‘‘section 111(d) of the Federal Property and Administrative Services Act of 1949 

(40 U.S.C. 759(d))’’. 

Subsec. (h)(2). Pub. L. 104–106, §5605(c), substituted 

‘‘the Information Technology Management Reform Act 

of 1996 and directives issued under section 110 of the 

Federal Property and Administrative Services Act of 

1949 (40 U.S.C. 757)’’ for ‘‘sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 

(40 U.S.C. 757 and 759)’’. 

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107–347 effective Dec. 17, 2002, 

see section 402(b) of Pub. L. 107–347, set out as an Effective Date note under section 3541 of this title. 

Amendment by Pub. L. 107–296 effective 60 days after 

Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as 

an Effective Date note under section 101 of Title 6, Domestic Security. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–106 effective 180 days after 

Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 

1996, 110 Stat. 702. 

GOVERNMENT PAPERWORK ELIMINATION

Pub. L. 105–277, div. C, title XVII, Oct. 21, 1998, 112 

Stat. 2681–749, provided that: 

‘‘SEC. 1701. SHORT TITLE. 

‘‘This title may be cited as the ‘Government Paperwork Elimination Act’. 

‘‘SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR 

ACQUISITION AND USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE 

AGENCIES. 

‘‘[Amended this section.] 

‘‘SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY EXECUTIVE AGENCIES. 

‘‘(a) IN GENERAL.—In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of 

the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) [see Short Title of 1996 Amendment 

note set out under 41 U.S.C. 251] and the amendments 

made by that Act, and the provisions of this title, the 

Director of the Office of Management and Budget shall, 

in consultation with the National Telecommunications 

and Information Administration and not later than 18 

months after the date of enactment of this Act [Oct. 21, 

1998], develop procedures for the use and acceptance of 

electronic signatures by Executive agencies. 

‘‘(b) REQUIREMENTS FOR PROCEDURES.—(1) The procedures developed under subsection (a)— 

‘‘(A) shall be compatible with standards and technology for electronic signatures that are generally 

used in commerce and industry and by State governments; 

‘‘(B) may not inappropriately favor one industry or 

technology; 

‘‘(C) shall ensure that electronic signatures are as 

reliable as is appropriate for the purpose in question 

and keep intact the information submitted; 

‘‘(D) shall provide for the electronic acknowledgment of electronic forms that are successfully submitted; and 

‘‘(E) shall, to the extent feasible and appropriate, 

require an Executive agency that anticipates receipt 

by electronic means of 50,000 or more submittals of a 

particular form to take all steps necessary to ensure 

that multiple methods of electronic signatures are 

available for the submittal of such form. 

‘‘(2) The Director shall ensure the compatibility of 

the procedures under paragraph (1)(A) in consultation 

with appropriate private bodies and State government 

entities that set standards for the use and acceptance 

of electronic signatures. 

‘‘SEC. 1704. DEADLINE FOR IMPLEMENTATION BY 

EXECUTIVE AGENCIES OF PROCEDURES FOR 

USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES. 

‘‘In order to fulfill the responsibility to administer 

the functions assigned under chapter 35 of title 44, 

United States Code, the provisions of the Clinger-Cohen 

Act of 1996 (divisions D and E of Public Law 104–106) 

[see Short Title of 1996 Amendment note set out under 

41 U.S.C. 251] and the amendments made by that Act, 

and the provisions of this title, the Director of the Office of Management and Budget shall ensure that, commencing not later than five years after the date of enactment of this Act [Oct. 21, 1998], Executive agencies 

provide— 

‘‘(1) for the option of the electronic maintenance, 

submission, or disclosure of information, when practicable as a substitute for paper; and 

‘‘(2) for the use and acceptance of electronic signatures, when practicable. 

‘‘SEC. 1705. ELECTRONIC STORAGE AND FILING OF 

EMPLOYMENT FORMS. 

‘‘In order to fulfill the responsibility to administer 

the functions assigned under chapter 35 of title 44, 

United States Code, the provisions of the Clinger-Cohen 

Act of 1996 (divisions D and E of Public Law 104–106) 

[see Short Title of 1996 Amendment note set out under 

41 U.S.C. 251] and the amendments made by that Act, 

and the provisions of this title, the Director of the Office of Management and Budget shall, not later than 18 

months after the date of enactment of this Act [Oct. 21, 

1998], develop procedures to permit private employers 

to store and file electronically with Executive agencies 

forms containing information pertaining to the employees of such employers. 

‘‘SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES. 

‘‘(a) ONGOING STUDY REQUIRED.—In order to fulfill the 

responsibility to administer the functions assigned 

under chapter 35 of title 44, United States Code, the 

provisions of the Clinger-Cohen Act of 1996 (divisions D 

and E of Public Law 104–106) [see Short Title of 1996 

Amendment note set out under 41 U.S.C. 251] and the 

amendments made by that Act, and the provisions of 

this title, the Director of the Office of Management and 

Budget shall, in cooperation with the National Telecommunications and Information Administration, conduct an ongoing study of the use of electronic signatures under this title on— 

‘‘(1) paperwork reduction and electronic commerce; 

‘‘(2) individual privacy; and 

‘‘(3) the security and authenticity of transactions. 

‘‘(b) REPORTS.—The Director shall submit to Congress 

on a periodic basis a report describing the results of the 

study carried out under subsection (a). 

‘‘SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT 

OF ELECTRONIC RECORDS. 

‘‘Electronic records submitted or maintained in accordance with procedures developed under this title, or 

electronic signatures or other forms of electronic authentication used in accordance with such procedures, 

shall not be denied legal effect, validity, or enforceability because such records are in electronic form. 

‘‘SEC. 1708. DISCLOSURE OF INFORMATION. 

‘‘Except as provided by law, information collected in 

the provision of electronic signature services for comVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00131 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 3505 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 124 

1So in original. Two subsecs. (c) have been enacted. 

munications with an executive agency, as provided by 

this title, shall only be used or disclosed by persons 

who obtain, collect, or maintain such information as a 

business or government practice, for the purpose of facilitating such communications, or with the prior affirmative consent of the person about whom the information pertains. 

‘‘SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS. 

‘‘No provision of this title shall apply to the Department of the Treasury or the Internal Revenue Service 

to the extent that such provision— 

‘‘(1) involves the administration of the internal revenue laws; or 

‘‘(2) conflicts with any provision of the Internal 

Revenue Service Restructuring and Reform Act of 

1998 [Pub. L. 105–206, see Tables for classification] or 

the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]. 

‘‘SEC. 1710. DEFINITIONS. 

‘‘For purposes of this title: 

‘‘(1) ELECTRONIC SIGNATURE.—The term ‘electronic 

signature’ means a method of signing an electronic 

message that— 

‘‘(A) identifies and authenticates a particular person as the source of the electronic message; and 

‘‘(B) indicates such person’s approval of the information contained in the electronic message. 

‘‘(2) EXECUTIVE AGENCY.—The term ‘Executive agency’ has the meaning given that term in section 105 of 

title 5, United States Code.’’ 

§ 3505. Assignment of tasks and deadlines 

(a) In carrying out the functions under this 

subchapter, the Director shall— 

(1) in consultation with agency heads, set an 

annual Governmentwide goal for the reduction 

of information collection burdens by at least 

10 percent during each of fiscal years 1996 and 

1997 and 5 percent during each of fiscal years 

1998, 1999, 2000, and 2001, and set annual agency 

goals to— 

(A) reduce information collection burdens 

imposed on the public that— 

(i) represent the maximum practicable 

opportunity in each agency; and 

(ii) are consistent with improving agency management of the process for the review of collections of information established under section 3506(c); and 

(B) improve information resources management in ways that increase the productivity, efficiency and effectiveness of Federal programs, including service delivery to 

the public; 

(2) with selected agencies and non-Federal 

entities on a voluntary basis, conduct pilot 

projects to test alternative policies, practices, 

regulations, and procedures to fulfill the purposes of this subchapter, particularly with regard to minimizing the Federal information 

collection burden; and 

(3) in consultation with the Administrator of 

General Services, the Director of the National 

Institute of Standards and Technology, the 

Archivist of the United States, and the Director of the Office of Personnel Management, develop and maintain a Governmentwide strategic plan for information resources management, that shall include— 

(A) a description of the objectives and the 

means by which the Federal Government 

shall apply information resources to improve agency and program performance; 

(B) plans for— 

(i) reducing information burdens on the 

public, including reducing such burdens 

through the elimination of duplication and 

meeting shared data needs with shared resources; 

(ii) enhancing public access to and dissemination of, information, using electronic and other formats; and 

(iii) meeting the information technology 

needs of the Federal Government in accordance with the purposes of this subchapter; and 

(C) a description of progress in applying 

information resources management to improve agency performance and the accomplishment of missions. 

(b) For purposes of any pilot project conducted 

under subsection (a)(2), the Director may, after 

consultation with the agency head, waive the 

application of any administrative directive 

issued by an agency with which the project is 

conducted, including any directive requiring a 

collection of information, after giving timely 

notice to the public and the Congress regarding 

the need for such waiver. 

(c) 1 INVENTORY OF MAJOR INFORMATION SYSTEMS.—(1) The head of each agency shall develop 

and maintain an inventory of major information 

systems (including major national security systems) operated by or under the control of such 

agency. 

(2) The identification of information systems 

in an inventory under this subsection shall include an identification of the interfaces between 

each such system and all other systems or networks, including those not operated by or under 

the control of the agency. 

(3) Such inventory shall be— 

(A) updated at least annually; 

(B) made available to the Comptroller General; and 

(C) used to support information resources 

management, including— 

(i) preparation and maintenance of the inventory of information resources under section 3506(b)(4); 

(ii) information technology planning, 

budgeting, acquisition, and management 

under section 3506(h), subtitle III of title 40, 

and related laws and guidance; 

(iii) monitoring, testing, and evaluation of 

information security controls under subchapter II; 

(iv) preparation of the index of major information systems required under section 

552(g) of title 5, United States Code; and 

(v) preparation of information system inventories required for records management 

under chapters 21, 29, 31, and 33. 

(4) The Director shall issue guidance for and 

oversee the implementation of the requirements 

of this subsection. 

(c) 1 INVENTORY OF INFORMATION SYSTEMS.—(1) 

The head of each agency shall develop and maintain an inventory of the information systems 

(including national security systems) operated 

by or under the control of such agency; 

Page 125 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3506 

(2) The identification of information systems 

in an inventory under this subsection shall include an identification of the interfaces between 

each such system and all other systems or networks, including those not operated by or under 

the control of the agency; 

(3) Such inventory shall be— 

(A) updated at least annually; 

(B) made available to the Comptroller General; and 

(C) used to support information resources 

management, including— 

(i) preparation and maintenance of the inventory of information resources under section 3506(b)(4); 

(ii) information technology planning, 

budgeting, acquisition, and management 

under section 3506(h), subtitle III of title 40, 

and related laws and guidance; 

(iii) monitoring, testing, and evaluation of 

information security controls under subchapter II; 

(iv) preparation of the index of major information systems required under section 

552(g) of title 5, United States Code; and 

(v) preparation of information system inventories required for records management 

under chapters 21, 29, 31, and 33. 

(4) The Director shall issue guidance for and 

oversee the implementation of the requirements 

of this subsection. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

170; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; 

Pub. L. 107–296, title X, §1005(c)(2), Nov. 25, 2002, 

116 Stat. 2272; Pub. L. 107–347, title III, §305(c)(2), 

Dec. 17, 2002, 116 Stat. 2961.) 

PRIOR PROVISIONS

A prior section 3505, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2818; amended Pub. L. 99–500, §101(m) 

[title VIII, §815], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–337, and Pub. L. 99–591, §101(m) [title VIII, §815], 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–337, related to assignment of tasks and deadlines prior to the general 

amendment of this chapter by Pub. L. 104–13. 

Another prior section 3505, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1303, prohibited independent collection by 

an agency, prior to the general amendment of this 

chapter by Pub. L. 96–511. See section 3509 of this title. 

AMENDMENTS

2002—Subsec. (c). Pub. L. 107–347, added subsec. (c) relating to inventory of major information systems. 

Pub. L. 107–296 added subsec. (c) relating to inventory 

of information systems. 

2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ in introductory provisions and 

pars. (2) and (3)(B)(iii). 

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107–296 effective 60 days after 

Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as 

an Effective Date note under section 101 of Title 6, Domestic Security. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

§ 3506. Federal agency responsibilities 

(a)(1) The head of each agency shall be responsible for— 

(A) carrying out the agency’s information 

resources management activities to improve 

agency productivity, efficiency, and effectiveness; and 

(B) complying with the requirements of this 

subchapter and related policies established by 

the Director. 

(2)(A) Except as provided under subparagraph 

(B), the head of each agency shall designate a 

Chief Information Officer who shall report directly to such agency head to carry out the responsibilities of the agency under this subchapter. 

(B) The Secretary of the Department of Defense and the Secretary of each military department may each designate Chief Information Officers who shall report directly to such Secretary to carry out the responsibilities of the 

department under this subchapter. If more than 

one Chief Information Officer is designated, the 

respective duties of the Chief Information Officers shall be clearly delineated. 

(3) The Chief Information Officer designated 

under paragraph (2) shall head an office responsible for ensuring agency compliance with and 

prompt, efficient, and effective implementation 

of the information policies and information resources management responsibilities established 

under this subchapter, including the reduction 

of information collection burdens on the public. 

The Chief Information Officer and employees of 

such office shall be selected with special attention to the professional qualifications required 

to administer the functions described under this 

subchapter. 

(4) Each agency program official shall be responsible and accountable for information resources assigned to and supporting the programs 

under such official. In consultation with the 

Chief Information Officer designated under paragraph (2) and the agency Chief Financial Officer 

(or comparable official), each agency program 

official shall define program information needs 

and develop strategies, systems, and capabilities 

to meet those needs. 

(b) With respect to general information resources management, each agency shall— 

(1) manage information resources to— 

(A) reduce information collection burdens 

on the public; 

(B) increase program efficiency and effectiveness; and 

(C) improve the integrity, quality, and 

utility of information to all users within and 

outside the agency, including capabilities 

for ensuring dissemination of public information, public access to government information, and protections for privacy and security; 

(2) in accordance with guidance by the Director, develop and maintain a strategic information resources management plan that shall 

describe how information resources management activities help accomplish agency missions; 

(3) develop and maintain an ongoing process 

to— 

(A) ensure that information resources 

management operations and decisions are 

integrated with organizational planning, 

§ 3506 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 126 

budget, financial management, human resources management, and program decisions; 

(B) in cooperation with the agency Chief 

Financial Officer (or comparable official), 

develop a full and accurate accounting of information technology expenditures, related 

expenses, and results; and 

(C) establish goals for improving information resources management’s contribution 

to program productivity, efficiency, and effectiveness, methods for measuring progress 

towards those goals, and clear roles and responsibilities for achieving those goals; 

(4) in consultation with the Director, the Administrator of General Services, and the Archivist of the United States, maintain a current and complete inventory of the agency’s 

information resources, including directories 

necessary to fulfill the requirements of section 

3511 of this subchapter; and 

(5) in consultation with the Director and the 

Director of the Office of Personnel Management, conduct formal training programs to 

educate agency program and management officials about information resources management. 

(c) With respect to the collection of information and the control of paperwork, each agency 

shall— 

(1) establish a process within the office headed by the Chief Information Officer designated 

under subsection (a), that is sufficiently independent of program responsibility to evaluate 

fairly whether proposed collections of information should be approved under this subchapter, to— 

(A) review each collection of information 

before submission to the Director for review 

under this subchapter, including— 

(i) an evaluation of the need for the collection of information; 

(ii) a functional description of the information to be collected; 

(iii) a plan for the collection of the information; 

(iv) a specific, objectively supported estimate of burden; 

(v) a test of the collection of information 

through a pilot program, if appropriate; 

and 

(vi) a plan for the efficient and effective 

management and use of the information to 

be collected, including necessary resources; 

(B) ensure that each information collection— 

(i) is inventoried, displays a control 

number and, if appropriate, an expiration 

date; 

(ii) indicates the collection is in accordance with the clearance requirements of 

section 3507; and 

(iii) informs the person receiving the collection of information of— 

(I) the reasons the information is being 

collected; 

(II) the way such information is to be 

used; 

(III) an estimate, to the extent practicable, of the burden of the collection; 

(IV) whether responses to the collection of information are voluntary, required to obtain a benefit, or mandatory; 

and 

(V) the fact that an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid control number; and 

(C) assess the information collection burden of proposed legislation affecting the 

agency; 

(2)(A) except as provided under subparagraph 

(B) or section 3507(j), provide 60-day notice in 

the Federal Register, and otherwise consult 

with members of the public and affected agencies concerning each proposed collection of information, to solicit comment to— 

(i) evaluate whether the proposed collection of information is necessary for the 

proper performance of the functions of the 

agency, including whether the information 

shall have practical utility; 

(ii) evaluate the accuracy of the agency’s 

estimate of the burden of the proposed collection of information; 

(iii) enhance the quality, utility, and clarity of the information to be collected; and 

(iv) minimize the burden of the collection 

of information on those who are to respond, 

including through the use of automated collection techniques or other forms of information technology; and 

(B) for any proposed collection of information contained in a proposed rule (to be reviewed by the Director under section 3507(d)), 

provide notice and comment through the notice of proposed rulemaking for the proposed 

rule and such notice shall have the same purposes specified under subparagraph (A)(i) 

through (iv); 

(3) certify (and provide a record supporting 

such certification, including public comments 

received by the agency) that each collection of 

information submitted to the Director for review under section 3507— 

(A) is necessary for the proper performance of the functions of the agency, including that the information has practical utility; 

(B) is not unnecessarily duplicative of information otherwise reasonably accessible 

to the agency; 

(C) reduces to the extent practicable and 

appropriate the burden on persons who shall 

provide information to or for the agency, including with respect to small entities, as defined under section 601(6) of title 5, the use of 

such techniques as— 

(i) establishing differing compliance or 

reporting requirements or timetables that 

take into account the resources available 

to those who are to respond; 

(ii) the clarification, consolidation, or 

simplification of compliance and reporting 

requirements; or 

(iii) an exemption from coverage of the 

collection of information, or any part 

thereof; 

Page 127 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3506 

(D) is written using plain, coherent, and 

unambiguous terminology and is understandable to those who are to respond; 

(E) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting 

and recordkeeping practices of those who are 

to respond; 

(F) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified; 

(G) contains the statement required under 

paragraph (1)(B)(iii); 

(H) has been developed by an office that 

has planned and allocated resources for the 

efficient and effective management and use 

of the information to be collected, including 

the processing of the information in a manner which shall enhance, where appropriate, 

the utility of the information to agencies 

and the public; 

(I) uses effective and efficient statistical 

survey methodology appropriate to the purpose for which the information is to be collected; and 

(J) to the maximum extent practicable, 

uses information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public; and 

(4) in addition to the requirements of this 

chapter regarding the reduction of information collection burdens for small business concerns (as defined in section 3 of the Small 

Business Act (15 U.S.C. 632)), make efforts to 

further reduce the information collection burden for small business concerns with fewer 

than 25 employees. 

(d) With respect to information dissemination, 

each agency shall— 

(1) ensure that the public has timely and equitable access to the agency’s public information, including ensuring such access through— 

(A) encouraging a diversity of public and 

private sources for information based on 

government public information; 

(B) in cases in which the agency provides 

public information maintained in electronic 

format, providing timely and equitable access to the underlying data (in whole or in 

part); and 

(C) agency dissemination of public information in an efficient, effective, and economical manner; 

(2) regularly solicit and consider public 

input on the agency’s information dissemination activities; 

(3) provide adequate notice when initiating, 

substantially modifying, or terminating significant information dissemination products; 

and 

(4) not, except where specifically authorized 

by statute— 

(A) establish an exclusive, restricted, or 

other distribution arrangement that interferes with timely and equitable availability 

of public information to the public; 

(B) restrict or regulate the use, resale, or 

redissemination of public information by the 

public; 

(C) charge fees or royalties for resale or redissemination of public information; or 

(D) establish user fees for public information that exceed the cost of dissemination. 

(e) With respect to statistical policy and coordination, each agency shall— 

(1) ensure the relevance, accuracy, timeliness, integrity, and objectivity of information 

collected or created for statistical purposes; 

(2) inform respondents fully and accurately 

about the sponsors, purposes, and uses of statistical surveys and studies; 

(3) protect respondents’ privacy and ensure 

that disclosure policies fully honor pledges of 

confidentiality; 

(4) observe Federal standards and practices 

for data collection, analysis, documentation, 

sharing, and dissemination of information; 

(5) ensure the timely publication of the results of statistical surveys and studies, including information about the quality and limitations of the surveys and studies; and 

(6) make data available to statistical agencies and readily accessible to the public. 

(f) With respect to records management, each 

agency shall implement and enforce applicable 

policies and procedures, including requirements 

for archiving information maintained in electronic format, particularly in the planning, design and operation of information systems. 

(g) With respect to privacy and security, each 

agency shall— 

(1) implement and enforce applicable policies, procedures, standards, and guidelines on 

privacy, confidentiality, security, disclosure 

and sharing of information collected or maintained by or for the agency; and 

(2) assume responsibility and accountability 

for compliance with and coordinated management of sections 552 and 552a of title 5, subchapter II of this chapter, and related information management laws. 

(h) With respect to Federal information technology, each agency shall— 

(1) implement and enforce applicable Governmentwide and agency information technology management policies, principles, 

standards, and guidelines; 

(2) assume responsibility and accountability 

for information technology investments; 

(3) promote the use of information technology by the agency to improve the productivity, efficiency, and effectiveness of agency 

programs, including the reduction of information collection burdens on the public and improved dissemination of public information; 

(4) propose changes in legislation, regulations, and agency procedures to improve information technology practices, including 

changes that improve the ability of the agency 

to use technology to reduce burden; and 

(5) assume responsibility for maximizing the 

value and assessing and managing the risks of 

major information systems initiatives through 

a process that is— 

(A) integrated with budget, financial, and 

program management decisions; and 

(B) used to select, control, and evaluate 

the results of major information systems 

initiatives. 

(i)(1) In addition to the requirements described 

in subsection (c), each agency shall, with respect 

§ 3506 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 128 

to the collection of information and the control 

of paperwork, establish 1 point of contact in the 

agency to act as a liaison between the agency 

and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)). 

(2) Each point of contact described under paragraph (1) shall be established not later than 1 

year after the date of enactment of the Small 

Business Paperwork Relief Act of 2002. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

171; amended Pub. L. 104–106, div. E, title LI, 

§5125(a), Feb. 10, 1996, 110 Stat. 684; Pub. L. 

106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 

2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–198, 

§2(b), (c), June 28, 2002, 116 Stat. 729; Pub. L. 

107–217, §3(l)(6), Aug. 21, 2002, 116 Stat. 1302; Pub. 

L. 107–296, title X, §1005(c)(3), Nov. 25, 2002, 116 

Stat. 2273; Pub. L. 107–347, title III, §305(c)(3), 

Dec. 17, 2002, 116 Stat. 2961.) 

REFERENCES IN TEXT

The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsec. (i)(2), is 

the date of enactment of Pub. L. 107–198, which was approved June 28, 2002. 

PRIOR PROVISIONS

A prior section 3506, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2819; amended Pub. L. 99–500, §101(m) 

[title VIII, §816], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–338, and Pub. L. 99–591, §101(m) [title VIII, §816], 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–338, related to Federal agency responsibilities prior to the general amendment of this chapter by Pub. L. 104–13. 

Another prior section 3506, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1303, provided for determination of necessity for information and hearing thereon, prior to the 

general amendment of this chapter by Pub. L. 96–511. 

See section 3508 of this title. 

AMENDMENTS

2002—Subsec. (c)(4). Pub. L. 107–198, §2(c), added par. 

(4). 

Subsec. (g)(1). Pub. L. 107–296, §1005(c)(3)(A), and Pub. 

L. 107–347, §305(c)(3)(A), amended par. (1) identically, inserting ‘‘and’’ at end. 

Subsec. (g)(2). Pub. L. 107–296, §1005(c)(3)(B), and Pub. 

L. 107–347, §305(c)(3)(B), amended par. (2) identically, 

substituting ‘‘subchapter II of this chapter’’ for ‘‘section 11332 of title 40’’ and a period for ‘‘; and’’ at end. 

Pub. L. 107–217, §3(l)(6)(A), substituted ‘‘section 11332 

of title 40’’ for ‘‘the Computer Security Act of 1987 (40 

U.S.C. 759 note)’’. 

Subsec. (g)(3). Pub. L. 107–296, §1005(c)(3)(C), and Pub. 

L. 107–347, §305(c)(3)(C), amended subsec. (g) identically, 

striking out par. (3) which read as follows: ‘‘consistent 

with section 11332 of title 40, identify and afford security protections commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or 

unauthorized access to or modification of information 

collected or maintained by or on behalf of an agency.’’ 

Pub. L. 107–217, §3(l)(6)(B), substituted ‘‘section 11332 

of title 40’’ for ‘‘the Computer Security Act of 1987 (40 

U.S.C. 759 note)’’. 

Subsec. (i). Pub. L. 107–198, §2(b), added subsec. (i). 

2000—Subsecs. (a)(1) to (3), (b)(4), (c)(1). Pub. L. 106–398 

substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing. 

1996—Subsec. (a)(2)(A). Pub. L. 104–106, §5125(a)(1)(A), 

substituted ‘‘Chief Information Officer’’ for ‘‘senior official’’. 

Subsec. (a)(2)(B). Pub. L. 104–106, §5125(a)(1)(B), substituted ‘‘designate Chief Information Officers’’ for 

‘‘designate senior officials’’, ‘‘Chief Information Officer’’ for ‘‘official’’, and ‘‘the Chief Information Officers’’ for ‘‘the officials’’. 

Subsec. (a)(3), (4). Pub. L. 104–106, §5125(a)(1)(C), substituted ‘‘Chief Information Officer’’ for ‘‘senior official’’ wherever appearing. 

Subsec. (c)(1). Pub. L. 104–106, §5125(a)(2), substituted 

‘‘Chief Information Officer’’ for ‘‘official’’ in introductory provisions. 

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107–296 effective 60 days after 

Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as 

an Effective Date note under section 101 of Title 6, Domestic Security. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–106 effective 180 days after 

Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 

1996, 110 Stat. 702. 

EX. ORD. NO. 13073. YEAR 2000 CONVERSION

Ex. Ord. No. 13073, Feb. 4, 1998, 63 F.R. 6467, as amended by Ex. Ord. No. 13127, June 14, 1999, 64 F.R. 32793, provided: 

The American people expect reliable service from 

their Government and deserve the confidence that critical government functions dependent on electronic systems will be performed accurately and in a timely manner. Because of a design feature in many electronic systems, a large number of activities in the public and private sectors could be at risk beginning in the year 2000. 

Some computer systems and other electronic devices 

will misinterpret the year ‘‘00’’ as 1900, rather than 

2000. Unless appropriate action is taken, this flaw, 

known as the ‘‘Y2K problem,’’ can cause systems that 

support those functions to compute erroneously or simply not run. Minimizing the Y2K problem will require 

a major technological and managerial effort, and it is 

critical that the United States Government do its part 

in addressing this challenge. 

Accordingly, by the authority vested in me as President by the Constitution and the laws of the United 

States of America, it is hereby ordered as follows: 

SECTION 1. Policy. (a) It shall be the policy of the executive branch that agencies shall: 

(1) assure that no critical Federal program experiences disruption because of the Y2K problem; 

(2) assist and cooperate with State, local, and tribal 

governments to address the Y2K problem where those 

governments depend on Federal information or information technology or the Federal Government is dependent on those governments to perform critical missions; 

(3) cooperate with the private sector operators of 

critical national and local systems, including the banking and financial system, the telecommunications system, the public health system, the transportation system, and the electric power generation system, in addressing the Y2K problem; and 

(4) communicate with their foreign counterparts to 

raise awareness of and generate cooperative international arrangements to address the Y2K problem. 

(b) As used in this order, ‘‘agency’’ and ‘‘agencies’’ 

refer to Federal agencies that are not in the judicial or 

legislative branches. 

SEC. 2. Year 2000 Conversion Council. There is hereby 

established the President’s Council on Year 2000 Conversion (the ‘‘Council’’). 

(a) The Council shall be led by a Chair who shall be 

an Assistant to the President, and it shall be composed 

of one representative from each of the executive departments and from such other Federal agencies as 

may be determined by the Chair of the Council (the 

‘‘Chair’’). 

(b) The Chair shall appoint a Vice Chair and assign 

other responsibilities for operations of the council as 

he or she deems necessary. 

Page 129 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3507 

(c) The Chair shall oversee the activities of agencies 

to assure that their systems operate smoothly through 

the year 2000, act as chief spokesperson on this issue for 

the executive branch in national and international 

fora, provide policy coordination of executive branch 

activities with State, local, and tribal governments on 

the Y2K problem, and promote appropriate Federal 

roles with respect to private sector activities in this 

area. 

(d) The Chair and the Director of the Office of Management and Budget shall report jointly at least quarterly to me on the progress of agencies in addressing 

the Y2K problem. 

(e) The Chair shall identify such resources from agencies as the Chair deems necessary for the implementation of the policies set out in this order, consistent 

with applicable law. 

SEC. 3. Responsibilities of Agency Heads. (a) The head of 

each agency shall: 

(1) assure that efforts to address the Y2K problem receive the highest priority attention in the agency and 

that the policies established in this order are carried 

out; and 

(2) cooperate to the fullest extent with the Chair by 

making available such information, support, and assistance, including personnel, as the Chair may request 

to support the accomplishment of the tasks assigned 

herein, consistent with applicable law. 

(b) The heads of executive departments and the agencies designated by the Chair under section 2(a) of this 

order shall identify a responsible official to represent 

the head of the executive department or agency on the 

Council with sufficient authority and experience to 

commit agency resources to address the Y2K problem. 

SEC. 4. Responsibilities of Interagency and Executive Office Councils. Interagency councils and councils within 

the Executive Office of the President, including the 

President’s Management Council, the Chief Information Officers Council, the Chief Financial Officers 

Council, the President’s Council on Integrity and Efficiency, the Executive Council on Integrity and Efficiency, the National Science and Technology Council, 

the National Performance Review, the National Economic Council, the Domestic Policy Council, and the 

National Security Council shall provide assistance and 

support to the Chair upon the Chair’s request. 

SEC. 5. Information Coordination Center. (a) To assist 

the Chair in the Y2K response duties included under 

section 2(c) of this order, there shall be established the 

Information Coordination Center (ICC) in the General 

Services Administration. 

(b) At the direction of the Chair, the ICC will assist 

in making preparations for information sharing and coordination within the Federal Government and key 

components of the public and private sectors, coordinating agency assessments of Y2K emergencies that 

could have an adverse affect on U.S. interests at home 

and abroad, and, if necessary, assisting Federal agencies and the Chair in reconstitution processes where appropriate. 

(c) The ICC will: 

(1) consist of officials from executive agencies, designated by agency heads under subsection 3(a)(2) of this 

order, who have expertise in important management 

and technical areas, computer hardware, software or 

security systems, reconstitution and recovery, and of 

additional personnel hired directly or by contract, as 

required, to carry out the duties described under section 5 of this order; 

(2) work with the Council and the Office of Management and Budget to assure that Federal efforts to restore critical systems are coordinated with efforts 

managed by Federal agencies acting under existing 

emergency response authorities. 

(d) The Chair of the President’s Council on Year 2000 

Conversion shall designate a Director of the ICC. 

SEC. 6. Judicial Review. This Executive order is intended only to improve the internal management of the 

executive branch and does not create any right or benefit, substantive or procedural, enforceable at law or 

equity by a party against the United States, its agencies, or instrumentalities, its officers or employees, or 

any other person. 

WILLIAM J. CLINTON. 

§ 3507. Public information collection activities; 

submission to Director; approval and delegation 

(a) An agency shall not conduct or sponsor the 

collection of information unless in advance of 

the adoption or revision of the collection of information— 

(1) the agency has— 

(A) conducted the review established under 

section 3506(c)(1); 

(B) evaluated the public comments received under section 3506(c)(2); 

(C) submitted to the Director the certification required under section 3506(c)(3), the 

proposed collection of information, copies of 

pertinent statutory authority, regulations, 

and other related materials as the Director 

may specify; and 

(D) published a notice in the Federal Register— 

(i) stating that the agency has made 

such submission; and 

(ii) setting forth— 

(I) a title for the collection of information; 

(II) a summary of the collection of information; 

(III) a brief description of the need for 

the information and the proposed use of 

the information; 

(IV) a description of the likely respondents and proposed frequency of response to the collection of information; 

(V) an estimate of the burden that 

shall result from the collection of information; and 

(VI) notice that comments may be submitted to the agency and Director; 

(2) the Director has approved the proposed 

collection of information or approval has been 

inferred, under the provisions of this section; 

and 

(3) the agency has obtained from the Director a control number to be displayed upon the 

collection of information. 

(b) The Director shall provide at least 30 days 

for public comment prior to making a decision 

under subsection (c), (d), or (h), except as provided under subsection (j). 

(c)(1) For any proposed collection of information not contained in a proposed rule, the Director shall notify the agency involved of the decision to approve or disapprove the proposed collection of information. 

(2) The Director shall provide the notification 

under paragraph (1), within 60 days after receipt 

or publication of the notice under subsection 

(a)(1)(D), whichever is later. 

(3) If the Director does not notify the agency 

of a denial or approval within the 60-day period 

described under paragraph (2)— 

(A) the approval may be inferred; 

(B) a control number shall be assigned without further delay; and 

(C) the agency may collect the information 

for not more than 1 year. 

§ 3507 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 130 

(d)(1) For any proposed collection of information contained in a proposed rule— 

(A) as soon as practicable, but no later than 

the date of publication of a notice of proposed 

rulemaking in the Federal Register, each 

agency shall forward to the Director a copy of 

any proposed rule which contains a collection 

of information and any information requested 

by the Director necessary to make the determination required under this subsection; and 

(B) within 60 days after the notice of proposed rulemaking is published in the Federal 

Register, the Director may file public comments pursuant to the standards set forth in 

section 3508 on the collection of information 

contained in the proposed rule; 

(2) When a final rule is published in the Federal Register, the agency shall explain— 

(A) how any collection of information contained in the final rule responds to the comments, if any, filed by the Director or the public; or 

(B) the reasons such comments were rejected. 

(3) If the Director has received notice and 

failed to comment on an agency rule within 60 

days after the notice of proposed rulemaking, 

the Director may not disapprove any collection 

of information specifically contained in an agency rule. 

(4) No provision in this section shall be construed to prevent the Director, in the Director’s 

discretion— 

(A) from disapproving any collection of information which was not specifically required 

by an agency rule; 

(B) from disapproving any collection of information contained in an agency rule, if the 

agency failed to comply with the requirements 

of paragraph (1) of this subsection; 

(C) from disapproving any collection of information contained in a final agency rule, if 

the Director finds within 60 days after the publication of the final rule that the agency’s response to the Director’s comments filed under 

paragraph (2) of this subsection was unreasonable; or 

(D) from disapproving any collection of information contained in a final rule, if— 

(i) the Director determines that the agency has substantially modified in the final 

rule the collection of information contained 

in the proposed rule; and 

(ii) the agency has not given the Director 

the information required under paragraph (1) 

with respect to the modified collection of information, at least 60 days before the 

issuance of the final rule. 

(5) This subsection shall apply only when an 

agency publishes a notice of proposed rulemaking and requests public comments. 

(6) The decision by the Director to approve or 

not act upon a collection of information contained in an agency rule shall not be subject to 

judicial review. 

(e)(1) Any decision by the Director under subsection (c), (d), (h), or (j) to disapprove a collection of information, or to instruct the agency to 

make substantive or material change to a collection of information, shall be publicly available and include an explanation of the reasons 

for such decision. 

(2) Any written communication between the 

Administrator of the Office of Information and 

Regulatory Affairs, or any employee of the Office of Information and Regulatory Affairs, and 

an agency or person not employed by the Federal Government concerning a proposed collection of information shall be made available to 

the public. 

(3) This subsection shall not require the disclosure of— 

(A) any information which is protected at all 

times by procedures established for information which has been specifically authorized 

under criteria established by an Executive 

order or an Act of Congress to be kept secret 

in the interest of national defense or foreign 

policy; or 

(B) any communication relating to a collection of information which is not approved 

under this subchapter, the disclosure of which 

could lead to retaliation or discrimination 

against the communicator. 

(f)(1) An independent regulatory agency which 

is administered by 2 or more members of a commission, board, or similar body, may by majority vote void— 

(A) any disapproval by the Director, in 

whole or in part, of a proposed collection of information of that agency; or 

(B) an exercise of authority under subsection 

(d) of section 3507 concerning that agency. 

(2) The agency shall certify each vote to void 

such disapproval or exercise to the Director, and 

explain the reasons for such vote. The Director 

shall without further delay assign a control 

number to such collection of information, and 

such vote to void the disapproval or exercise 

shall be valid for a period of 3 years. 

(g) The Director may not approve a collection 

of information for a period in excess of 3 years. 

(h)(1) If an agency decides to seek extension of 

the Director’s approval granted for a currently 

approved collection of information, the agency 

shall— 

(A) conduct the review established under 

section 3506(c), including the seeking of comment from the public on the continued need 

for, and burden imposed by the collection of 

information; and 

(B) after having made a reasonable effort to 

seek public comment, but no later than 60 

days before the expiration date of the control 

number assigned by the Director for the currently approved collection of information, submit the collection of information for review 

and approval under this section, which shall 

include an explanation of how the agency has 

used the information that it has collected. 

(2) If under the provisions of this section, the 

Director disapproves a collection of information 

contained in an existing rule, or recommends or 

instructs the agency to make a substantive or 

material change to a collection of information 

contained in an existing rule, the Director 

shall— 

(A) publish an explanation thereof in the 

Federal Register; and 

(B) instruct the agency to undertake a rulemaking within a reasonable time limited to 

Page 131 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3509 

consideration of changes to the collection of 

information contained in the rule and thereafter to submit the collection of information 

for approval or disapproval under this subchapter. 

(3) An agency may not make a substantive or 

material modification to a collection of information after such collection has been approved 

by the Director, unless the modification has 

been submitted to the Director for review and 

approval under this subchapter. 

(i)(1) If the Director finds that a senior official 

of an agency designated under section 3506(a) is 

sufficiently independent of program responsibility to evaluate fairly whether proposed collections of information should be approved and 

has sufficient resources to carry out this responsibility effectively, the Director may, by rule in 

accordance with the notice and comment provisions of chapter 5 of title 5, United States Code, 

delegate to such official the authority to approve proposed collections of information in specific program areas, for specific purposes, or for 

all agency purposes. 

(2) A delegation by the Director under this 

section shall not preclude the Director from reviewing individual collections of information if 

the Director determines that circumstances 

warrant such a review. The Director shall retain 

authority to revoke such delegations, both in 

general and with regard to any specific matter. 

In acting for the Director, any official to whom 

approval authority has been delegated under 

this section shall comply fully with the rules 

and regulations promulgated by the Director. 

(j)(1) The agency head may request the Director to authorize a collection of information, if 

an agency head determines that— 

(A) a collection of information— 

(i) is needed prior to the expiration of time 

periods established under this subchapter; 

and 

(ii) is essential to the mission of the agency; and 

(B) the agency cannot reasonably comply 

with the provisions of this subchapter because— 

(i) public harm is reasonably likely to result if normal clearance procedures are followed; 

(ii) an unanticipated event has occurred; 

or 

(iii) the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information or is reasonably likely to cause a statutory or court 

ordered deadline to be missed. 

(2) The Director shall approve or disapprove 

any such authorization request within the time 

requested by the agency head and, if approved, 

shall assign the collection of information a control number. Any collection of information conducted under this subsection may be conducted 

without compliance with the provisions of this 

subchapter for a maximum of 180 days after the 

date on which the Director received the request 

to authorize such collection. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

176; amended Pub. L. 104–106, div. E, title LVI, 

§5605(d), Feb. 10, 1996, 110 Stat. 700; Pub. L. 

106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 

2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3507, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2819; amended Pub. L. 99–500, §101(m) 

[title VIII, §817], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–338, and Pub. L. 99–591, §101(m) [title VIII, §817], 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–338, related to submission to Director of public information collection request for an approval or delegation to a senior official 

of an agency prior to the general amendment of this 

chapter by Pub. L. 104–13. 

Another prior section 3507, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1304, provided for cooperation of agencies 

in making information available, prior to the general 

amendment of this chapter by Pub. L. 96–511. See section 3510(a) of this title. 

AMENDMENTS

2000—Subsecs. (e)(3)(B), (h), (j). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing. 

1996—Subsec. (j)(2). Pub. L. 104–106 substituted ‘‘180 

days’’ for ‘‘90 days’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–106 effective 180 days after 

Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 

1996, 110 Stat. 702. 

§ 3508. Determination of necessity for information; hearing 

Before approving a proposed collection of information, the Director shall determine whether 

the collection of information by the agency is 

necessary for the proper performance of the 

functions of the agency, including whether the 

information shall have practical utility. Before 

making a determination the Director may give 

the agency and other interested persons an opportunity to be heard or to submit statements 

in writing. To the extent, if any, that the Director determines that the collection of information by an agency is unnecessary for any reason, 

the agency may not engage in the collection of 

information. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

179.) 

PRIOR PROVISIONS

A prior section 3508, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2821, related to determination of 

whether collection of information is necessary for proper performance of functions of agency prior to the general amendment of this chapter by Pub. L. 104–13. 

Another prior section 3508, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1304, related to unlawful disclosure of information, penalties, and release of information to 

other agencies, prior to the general amendment of this 

chapter by Pub. L. 96–511. See section 3510(b) of this 

title. 

§ 3509. Designation of central collection agency 

The Director may designate a central collection agency to obtain information for two or 

more agencies if the Director determines that 

§ 3510 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 132 

the needs of such agencies for information will 

be adequately served by a single collection agency, and such sharing of data is not inconsistent 

with applicable law. In such cases the Director 

shall prescribe (with reference to the collection 

of information) the duties and functions of the 

collection agency so designated and of the agencies for which it is to act as agent (including reimbursement for costs). While the designation is 

in effect, an agency covered by the designation 

may not obtain for itself information for the 

agency which is the duty of the collection agency to obtain. The Director may modify the designation from time to time as circumstances require. The authority to designate under this section is subject to the provisions of section 3507(f) 

of this subchapter. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

180; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3509, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2821, related to designation of central 

collection agency prior to the general amendment of 

this chapter by Pub. L. 104–13. 

Another prior section 3509, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1304, related to plans or forms for collecting information, submission to Director, and his 

approval, prior to the general amendment of this chapter by Pub. L. 96–511. 

AMENDMENTS

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

§ 3510. Cooperation of agencies in making information available 

(a) The Director may direct an agency to 

make available to another agency, or an agency 

may make available to another agency, information obtained by a collection of information if 

the disclosure is not inconsistent with applicable law. 

(b)(1) If information obtained by an agency is 

released by that agency to another agency, all 

the provisions of law (including penalties) that 

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. 

(2) 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. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

180.) 

PRIOR PROVISIONS

A prior section 3510, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2822, related to cooperation of agencies 

in making information available prior to the general 

amendment of this chapter by Pub. L. 104–13. 

Another prior section 3510, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1305, authorized promulgation of rules and 

regulations, prior to the general amendment of this 

chapter by Pub. L. 96–511. See section 3516 of this title. 

§ 3511. Establishment and operation of Government Information Locator Service 

(a) In order to assist agencies and the public in 

locating information and to promote information sharing and equitable access by the public, 

the Director shall— 

(1) cause to be established and maintained a 

distributed agency-based electronic Government Information Locator Service (hereafter 

in this section referred to as the ‘‘Service’’), 

which shall identify the major information 

systems, holdings, and dissemination products 

of each agency; 

(2) require each agency to establish and 

maintain an agency information locator service as a component of, and to support the establishment and operation of the Service; 

(3) in cooperation with the Archivist of the 

United States, the Administrator of General 

Services, the Public Printer, and the Librarian 

of Congress, establish an interagency committee to advise the Secretary of Commerce 

on the development of technical standards for 

the Service to ensure compatibility, promote 

information sharing, and uniform access by 

the public; 

(4) consider public access and other user 

needs in the establishment and operation of 

the Service; 

(5) ensure the security and integrity of the 

Service, including measures to ensure that 

only information which is intended to be disclosed to the public is disclosed through the 

Service; and 

(6) periodically review the development and 

effectiveness of the Service and make recommendations for improvement, including 

other mechanisms for improving public access 

to Federal agency public information. 

(b) This section shall not apply to operational 

files as defined by the Central Intelligence 

Agency Information Act (50 U.S.C. 431 et seq.). 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

180.) 

REFERENCES IN TEXT

The Central Intelligence Agency Information Act, referred to in subsec. (b), is Pub. L. 98–477, Oct. 15, 1984, 

98 Stat. 2209, which is classified principally to subchapter V (§431 et seq.) of chapter 15 of Title 50, War 

and National Defense. For complete classification of 

this Act to the Code, see Short Title of 1984 Amendment note set out under section 401 of Title 50 and Tables. 

PRIOR PROVISIONS

A prior section 3511, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2822; amended Pub. L. 99–500, §101(m) 

[title VIII, §818], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–339, and Pub. L. 99–591, §101(m) [title VIII, §818], 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–339, related to establishment and operation of a Federal Information 

Locator System prior to the general amendment of this 

chapter by Pub. L. 104–13. 

Another prior section 3511, Pub. L. 90–620, Oct. 22, 

1968, 82 Stat. 1305, provided for penalty for failure to 

furnish information, prior to the general amendment of 

this chapter by Pub. L. 96–511. 

Page 133 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3514 

§ 3512. Public protection 

(a) Notwithstanding any other provision of 

law, no person shall be subject to any penalty 

for failing to comply with a collection of information that is subject to this subchapter if— 

(1) the collection of information does not 

display a valid control number assigned by the 

Director in accordance with this subchapter; 

or 

(2) the agency fails to inform the person who 

is to respond to the collection of information 

that such person is not required to respond to 

the collection of information unless it displays 

a valid control number. 

(b) The protection provided by this section 

may be raised in the form of a complete defense, 

bar, or otherwise at any time during the agency 

administrative process or judicial action applicable thereto. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

181; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3512, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2822, related to protection of persons 

failing to maintain or provide information if information collection request did not display current control 

number prior to the general amendment of this chapter 

by Pub. L. 104–13. 

Another prior section 3512, added Pub. L. 93–153, title 

IV, §409(b), Nov. 16, 1973, 87 Stat. 593, related to information for independent regulatory agencies, prior to 

the general amendment of this chapter by Pub. L. 

96–511. 

AMENDMENTS

2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ in introductory provisions and 

par. (1). 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

§ 3513. Director review of agency activities; reporting; agency response 

(a) In consultation with the Administrator of 

General Services, the Archivist of the United 

States, the Director of the National Institute of 

Standards and Technology, and the Director of 

the Office of Personnel Management, the Director shall periodically review selected agency information resources management activities to 

ascertain the efficiency and effectiveness of 

such activities to improve agency performance 

and the accomplishment of agency missions. 

(b) Each agency having an activity reviewed 

under subsection (a) shall, within 60 days after 

receipt of a report on the review, provide a written plan to the Director describing steps (including milestones) to— 

(1) be taken to address information resources management problems identified in 

the report; and 

(2) improve agency performance and the accomplishment of agency missions. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

181.) 

PRIOR PROVISIONS

A prior section 3513, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2822; amended Pub. L. 98–497, title I, 

§107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to periodic review of agency activities by Director and report 

of review and agency response to it prior to the general 

amendment of this chapter by Pub. L. 104–13. 

§ 3514. Responsiveness to Congress 

(a)(1) The Director shall— 

(A) keep the Congress and congressional 

committees fully and currently informed of 

the major activities under this subchapter; 

and 

(B) submit a report on such activities to the 

President of the Senate and the Speaker of the 

House of Representatives annually and at such 

other times as the Director determines necessary. 

(2) The Director shall include in any such report a description of the extent to which agencies have— 

(A) reduced information collection burdens 

on the public, including— 

(i) a summary of accomplishments and 

planned initiatives to reduce collection of 

information burdens; 

(ii) a list of all violations of this subchapter and of any rules, guidelines, policies, and procedures issued pursuant to this 

subchapter; 

(iii) a list of any increase in the collection 

of information burden, including the authority for each such collection; and 

(iv) a list of agencies that in the preceding 

year did not reduce information collection 

burdens in accordance with section 

3505(a)(1), a list of the programs and statutory responsibilities of those agencies that 

precluded that reduction, and recommendations to assist those agencies to reduce information collection burdens in accordance 

with that section; 

(B) improved the quality and utility of statistical information; 

(C) improved public access to Government 

information; and 

(D) improved program performance and the 

accomplishment of agency missions through 

information resources management. 

(b) The preparation of any report required by 

this section shall be based on performance results reported by the agencies and shall not increase the collection of information burden on 

persons outside the Federal Government. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

181; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3514, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2823, and Pub. L. 99–500, §101(m) [title 

VIII, §819], Oct. 18, 1986, 100 Stat. 1783–308, 1783–339, and 

Pub. L. 99–591, §101(m) [title VIII, §819], Oct. 30, 1986, 100 

Stat. 3341–308, 3341–339, related to requirement that Director keep Congress fully informed prior to the general amendment of this chapter by Pub. L. 104–13. 

AMENDMENTS

2000—Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing. 

§ 3515 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 134 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

of law requiring submittal to Congress of any annual, 

semiannual, or other regular periodic report listed in 

House Document No. 103–7 (in which the 8th item on 

page 41 identifies an annual reporting requirement 

which, as subsequently amended, is contained in subsec. (a) of this section), see section 3003 of Pub. L. 

104–66, as amended, set out as a note under section 1113 

of Title 31, Money and Finance. 

§ 3515. Administrative powers 

Upon the request of the Director, each agency 

(other than an independent regulatory agency) 

shall, to the extent practicable, make its services, personnel, and facilities available to the 

Director for the performance of functions under 

this subchapter. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

182; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3515, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2824, related to availability of agency 

services, personnel, and facilities prior to the general 

amendment of this chapter by Pub. L. 104–13. 

AMENDMENTS

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

§ 3516. Rules and regulations 

The Director shall promulgate rules, regulations, or procedures necessary to exercise the 

authority provided by this subchapter. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

182; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3516, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2824, related to rules and regulations 

prior to the general amendment of this chapter by Pub. 

L. 104–13. 

AMENDMENTS

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

POLICY AND PROCEDURAL GUIDELINES

Pub. L. 106–554, §1(a)(3) [title V, §515], Dec. 21, 2000, 

114 Stat. 2763, 2763A–153, provided that: 

‘‘(a) IN GENERAL.—The Director of the Office of Management and Budget shall, by not later than September 

30, 2001, and with public and Federal agency involvement, issue guidelines under sections 3504(d)(1) and 3516 

of title 44, United States Code, that provide policy and 

procedural guidance to Federal agencies for ensuring 

and maximizing the quality, objectivity, utility, and 

integrity of information (including statistical information) disseminated by Federal agencies in fulfillment of 

the purposes and provisions of chapter 35 of title 44, 

United States Code, commonly referred to as the Paperwork Reduction Act. 

‘‘(b) CONTENT OF GUIDELINES.—The guidelines under 

subsection (a) shall— 

‘‘(1) apply to the sharing by Federal agencies of, 

and access to, information disseminated by Federal 

agencies; and 

‘‘(2) require that each Federal agency to which the 

guidelines apply— 

‘‘(A) issue guidelines ensuring and maximizing 

the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by the agency, by not later than 1 year 

after the date of issuance of the guidelines under 

subsection (a); 

‘‘(B) establish administrative mechanisms allowing affected persons to seek and obtain correction 

of information maintained and disseminated by the 

agency that does not comply with the guidelines 

issued under subsection (a); and 

‘‘(C) report periodically to the Director— 

‘‘(i) the number and nature of complaints received by the agency regarding the accuracy of 

information disseminated by the agency; and 

‘‘(ii) how such complaints were handled by the 

agency.’’ 

§ 3517. Consultation with other agencies and the 

public 

(a) In developing information resources management policies, plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide 

interested agencies and persons early and meaningful opportunity to comment. 

(b) Any person may request the Director to review any collection of information conducted by 

or for an agency to determine, if, under this subchapter, a person shall maintain, provide, or disclose the information to or for the agency. Unless the request is frivolous, the Director shall, 

in coordination with the agency responsible for 

the collection of information— 

(1) respond to the request within 60 days 

after receiving the request, unless such period 

is extended by the Director to a specified date 

and the person making the request is given notice of such extension; and 

(2) take appropriate remedial action, if necessary. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

182; amended Pub. L. 106–398, §1 [[div. A], title X, 

§1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) 

PRIOR PROVISIONS

A prior section 3517, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2824, related to consultation with other 

agencies and the public prior to the general amendment of this chapter by Pub. L. 104–13. 

AMENDMENTS

2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ in introductory provisions. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Page 135 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3519 

1See References in Text note below. 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

§ 3518. Effect on existing laws and regulations 

(a) Except as otherwise provided in this subchapter, the authority of an agency under any 

other law to prescribe policies, rules, regulations, and procedures for Federal information 

resources management activities is subject to 

the authority of the Director under this subchapter. 

(b) Nothing in this subchapter shall be deemed 

to affect or reduce the authority of the Secretary of Commerce or the Director of the Office 

of Management and Budget pursuant to Reorganization Plan No. 1 of 1977 (as amended) and Executive order, relating to telecommunications 

and information policy, procurement and management of telecommunications and information systems, spectrum use, and related matters. 

(c)(1) Except as provided in paragraph (2), this 

subchapter shall not apply to the collection of 

information— 

(A) during the conduct of a Federal criminal 

investigation or prosecution, or during the 

disposition of a particular criminal matter; 

(B) during the conduct of— 

(i) a civil action to which the United 

States or any official or agency thereof is a 

party; or 

(ii) an administrative action or investigation involving an agency against specific individuals or entities; 

(C) by compulsory process pursuant to the 

Antitrust Civil Process Act and section 13 of 

the Federal Trade Commission Improvements 

Act of 1980; or 

(D) during the conduct of intelligence activities as defined in section 3.4(e) of Executive 

Order No. 12333, issued December 4, 1981, or 

successor orders, or during the conduct of 

cryptologic activities that are communications security activities. 

(2) This subchapter applies to the collection of 

information during the conduct of general investigations (other than information collected in 

an antitrust investigation to the extent provided in subparagraph (C) of paragraph (1)) undertaken with reference to a category of individuals or entities such as a class of licensees or an 

entire industry. 

(d) Nothing in this subchapter shall be interpreted as increasing or decreasing the authority 

conferred by sections 11331 and 11332 1 of title 40 

on the Secretary of Commerce or the Director of 

the Office of Management and Budget. 

(e) Nothing in this subchapter shall be interpreted as increasing or decreasing the authority 

of the President, the Office of Management and 

Budget or the Director thereof, under the laws 

of the United States, with respect to the substantive policies and programs of departments, 

agencies and offices, including the substantive 

authority of any Federal agency to enforce the 

civil rights laws. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

183; amended Pub. L. 104–106, div. E, title LI, 

§5131(e)(2), Feb. 10, 1996, 110 Stat. 688; Pub. L. 

105–85, div. A, title X, §1073(h)(5)(C), Nov. 18, 

1997, 111 Stat. 1907; Pub. L. 106–398, §1 [[div. A], 

title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–275; Pub. L. 107–217, §3(l)(7), Aug. 21, 2002, 

116 Stat. 1302.) 

REFERENCES IN TEXT

Reorganization Plan No. 1 of 1977, referred to in subsec. (b), is set out in the Appendix to Title 5, Government Organization and Employees. 

Executive order, referred to in subsec. (b), probably 

means Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, 

which is set out as a note under section 305 of Title 47, 

Telegraphs, Telephones, and Radiotelegraphs. 

The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 

548, as amended, which is classified generally to chapter 34 (§1311 et seq.) of Title 15, Commerce and Trade. 

For complete classification of this Act to the Code, see 

Short Title note set out under section 1311 of Title 15 

and Tables. 

Section 13 of the Federal Trade Commission Improvements Act of 1980, referred to in subsec. (c)(1)(C), is 

classified to section 57b–1 of Title 15. 

Executive Order No. 12333, referred to in subsec. 

(c)(1)(D), is Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, 

which is set out as a note under section 401 of Title 50, 

War and National Defense. 

Section 11332 of title 40, referred to in subsec. (d), was 

repealed by Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 

2002, 116 Stat. 2272, and Pub. L. 107–347, title III, §305(a), 

Dec. 17, 2002, 116 Stat. 2960. 

The civil rights laws, referred to in subsec. (e), are 

classified generally to chapter 21 (§1981 et seq.) of Title 

42, The Public Health and Welfare. 

PRIOR PROVISIONS

A prior section 3518, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2824, related to the effect on existing 

laws and regulations prior to the general amendment of 

this chapter by Pub. L. 104–13. 

AMENDMENTS

2002—Subsec. (d). Pub. L. 107–217 substituted ‘‘sections 11331 and 11332 of title 40’’ for ‘‘section 5131 of the 

Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987 (40 U.S.C. 759 note)’’. 

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’ wherever appearing. 

1997—Subsec. (d). Pub. L. 105–85 substituted ‘‘ClingerCohen Act of 1996 (40 U.S.C. 1441)’’ for ‘‘Information 

Technology Management Reform Act of 1996’’. 

1996—Subsec. (d). Pub. L. 104–106 substituted ‘‘section 

5131 of the Information Technology Management Reform Act of 1996 and the Computer Security Act of 1987 

(40 U.S.C. 759 note) on the Secretary of Commerce or’’ 

for ‘‘Public Law 89–306 on the Administrator of the 

General Services Administration, the Secretary of 

Commerce, or’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–106 effective 180 days after 

Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 

1996, 110 Stat. 702. 

§ 3519. Access to information 

Under the conditions and procedures prescribed in section 716 of title 31, the Director and 

personnel in the Office of Information and Regulatory Affairs shall furnish such information as 

§ 3520 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 136 

the Comptroller General may require for the discharge of the responsibilities of the Comptroller 

General. For the purpose of obtaining such information, the Comptroller General or representatives thereof shall have access to all 

books, documents, papers and records, regardless of form or format, of the Office. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

183.) 

PRIOR PROVISIONS

A prior section 3519, added Pub. L. 96–511, §2(a), Dec. 

11, 1980, 94 Stat. 2825; amended Pub. L. 97–258, §3(m)(3), 

Sept. 13, 1982, 96 Stat. 1066, related to access to information prior to the general amendment of this chapter by 

Pub. L. 104–13. 

§ 3520. Establishment of task force on information collection and dissemination 

(a) There is established a task force to study 

the feasibility of streamlining requirements 

with respect to small business concerns regarding collection of information and strengthening 

dissemination of information (in this section referred to as the ‘‘task force’’). 

(b)(1) The Director shall determine— 

(A) subject to the minimum requirements 

under paragraph (2), the number of representatives to be designated under each subparagraph of that paragraph; and 

(B) the agencies to be represented under 

paragraph (2)(K). 

(2) After all determinations are made under 

paragraph (1), the members of the task force 

shall be designated by the head of each applicable department or agency, and include— 

(A) 1 representative of the Director, who 

shall convene and chair the task force; 

(B) not less than 2 representatives of the Department of Labor, including 1 representative 

of the Bureau of Labor Statistics and 1 representative of the Occupational Safety and 

Health Administration; 

(C) not less than 1 representative of the Environmental Protection Agency; 

(D) not less than 1 representative of the Department of Transportation; 

(E) not less than 1 representative of the Office of Advocacy of the Small Business Administration; 

(F) not less than 1 representative of the Internal Revenue Service; 

(G) not less than 2 representatives of the Department of Health and Human Services, including 1 representative of the Centers for 

Medicare and Medicaid Services; 

(H) not less than 1 representative of the Department of Agriculture; 

(I) not less than 1 representative of the Department of the Interior; 

(J) not less than 1 representative of the General Services Administration; and 

(K) not less than 1 representative of each of 

2 agencies not represented by representatives 

described under subparagraphs (A) through (J). 

(c) The task force shall— 

(1) identify ways to integrate the collection 

of information across Federal agencies and 

programs and examine the feasibility and desirability of requiring each agency to consolidate requirements regarding collections of information with respect to small business concerns within and across agencies, without negatively impacting the effectiveness of underlying laws and regulations regarding such collections of information, in order that each 

small business concern may submit all information required by the agency— 

(A) to 1 point of contact in the agency; 

(B) in a single format, such as a single 

electronic reporting system, with respect to 

the agency; and 

(C) with synchronized reporting for information submissions having the same frequency, such as synchronized quarterly, 

semiannual, and annual reporting dates; 

(2) examine the feasibility and benefits to 

small businesses of publishing a list by the Director of the collections of information applicable to small business concerns (as defined in 

section 3 of the Small Business Act (15 U.S.C. 

632)), organized— 

(A) by North American Industry Classification System code; 

(B) by industrial sector description; or 

(C) in another manner by which small 

business concerns can more easily identify 

requirements with which those small business concerns are expected to comply; 

(3) examine the savings, including cost savings, and develop recommendations for implementing— 

(A) systems for electronic submissions of 

information to the Federal Government; and 

(B) interactive reporting systems, including components that provide immediate 

feedback to assure that data being submitted— 

(i) meet requirements of format; and 

(ii) are within the range of acceptable 

options for each data field; 

(4) make recommendations to improve the 

electronic dissemination of information collected under Federal requirements; 

(5) recommend a plan for the development of 

an interactive Governmentwide system, available through the Internet, to allow each small 

business to— 

(A) better understand which Federal requirements regarding collection of information (and, when possible, which other Federal regulatory requirements) apply to that 

particular business; and 

(B) more easily comply with those Federal 

requirements; and 

(6) in carrying out this section, consider opportunities for the coordination— 

(A) of Federal and State reporting requirements; and 

(B) among the points of contact described 

under section 3506(i), such as to enable agencies to provide small business concerns with 

contacts for information collection requirements for other agencies. 

(d) The task force shall— 

(1) by publication in the Federal Register, 

provide notice and an opportunity for public 

comment on each report in draft form; and 

(2) make provision in each report for the inclusion of— 

Page 137 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3531 

(A) any additional or dissenting views of 

task force members; and 

(B) a summary of significant public comments. 

(e) Not later than 1 year after the date of enactment of the Small Business Paperwork Relief 

Act of 2002, the task force shall submit a report 

of its findings under subsection (c) (1), (2), and 

(3) to— 

(1) the Director; 

(2) the chairpersons and ranking minority 

members of— 

(A) the Committee on Governmental Affairs and the Committee on Small Business 

and Entrepreneurship of the Senate; and 

(B) the Committee on Government Reform 

and the Committee on Small Business of the 

House of Representatives; and 

(3) the Small Business and Agriculture Regulatory Enforcement Ombudsman designated 

under section 30(b) of the Small Business Act 

(15 U.S.C. 657(b)). 

(f) Not later than 2 years after the date of enactment of the Small Business Paperwork Relief 

Act of 2002, the task force shall submit a report 

of its findings under subsection (c) (4) and (5) 

to— 

(1) the Director; 

(2) the chairpersons and ranking minority 

members of— 

(A) the Committee on Governmental Affairs and the Committee on Small Business 

and Entrepreneurship of the Senate; and 

(B) the Committee on Government Reform 

and the Committee on Small Business of the 

House of Representatives; and 

(3) the Small Business and Agriculture Regulatory Enforcement Ombudsman designated 

under section 30(b) of the Small Business Act 

(15 U.S.C. 657(b)). 

(g) The task force shall terminate after completion of its work. 

(h) In this section, the term ‘‘small business 

concern’’ has the meaning given under section 3 

of the Small Business Act (15 U.S.C. 632). 

(Added Pub. L. 107–198, §3(a)(2), June 28, 2002, 116 

Stat. 730.) 

REFERENCES IN TEXT

The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsecs. (e) and 

(f), is the date of enactment of Pub. L. 107–198, which 

was approved June 28, 2002. 

PRIOR PROVISIONS

A prior section 3520 was renumbered section 3521 of 

this title. 

Another prior section 3520, added Pub. L. 96–511, §2(a), 

Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 99–500, 

§101(m) [title VIII, §820], Oct. 18, 1986, 100 Stat. 1783–308, 

1783–340, and Pub. L. 99–591, §101(m) [title VIII, §820], 

Oct. 30, 1986, 100 Stat. 3341–308, 3341–340, related to authorization of appropriations prior to the general 

amendment of this chapter by Pub. L. 104–13. 

CHANGE OF NAME

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

Committee on Government Reform of House of Representatives changed to Committee on Oversight and 

Government Reform of House of Representatives by 

House Resolution No. 6, One Hundred Tenth Congress, 

Jan. 5, 2007. 

§ 3521. Authorization of appropriations 

There are authorized to be appropriated to the 

Office of Information and Regulatory Affairs to 

carry out the provisions of this subchapter, and 

for no other purpose, $8,000,000 for each of the 

fiscal years 1996, 1997, 1998, 1999, 2000, and 2001. 

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 

184, §3520; amended Pub. L. 106–398, §1 [[div. A], 

title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–275; renumbered §3521, Pub. L. 107–198, 

§3(a)(1), June 28, 2002, 116 Stat. 730.) 

AMENDMENTS

2002—Pub. L. 107–198 renumbered section 3520 of this 

title as this section. 

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for 

‘‘chapter’’. 

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106–398 effective 30 days after 

Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of 

Pub. L. 106–398, set out as an Effective Date note under 

section 3531 of this title. 

EFFECTIVE DATE

Section effective May 22, 1995, see section 4 of Pub. L. 

104–13, set out as a note under section 3501 of this title. 

SUBCHAPTER II—INFORMATION SECURITY 

APPLICABILITY OF SUBCHAPTER

This subchapter not to apply while subchapter III of this chapter is in effect, see section 3549 of this title. 

AMENDMENTS

2002—Pub. L. 107–296, title X, §1001(b)(1), Nov. 25, 2002, 

116 Stat. 2259, reenacted subchapter heading without 

change. 

§ 3531. Purposes 

The purposes of this subchapter are to— 

(1) provide a comprehensive framework for 

ensuring the effectiveness of information security controls over information resources that 

support Federal operations and assets; 

(2) recognize the highly networked nature of 

the current Federal computing environment 

and provide effective governmentwide management and oversight of the related information security risks, including coordination of 

information security efforts throughout the 

civilian, national security, and law enforcement communities; 

(3) provide for development and maintenance 

of minimum controls required to protect Federal information and information systems; 

(4) provide a mechanism for improved oversight of Federal agency information security 

programs; 

(5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market 

solutions for the protection of critical information infrastructures important to the naVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00145 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 3532 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 138 

tional defense and economic security of the 

nation that are designed, built, and operated 

by the private sector; and 

(6) recognize that the selection of specific 

technical hardware and software information 

security solutions should be left to individual 

agencies from among commercially developed 

products. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2259.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

PRIOR PROVISIONS

A prior section 3531, added Pub. L. 106–398, §1 [[div. 

A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, 

set forth purposes of this subchapter prior to the general amendment of this subchapter by Pub. L. 107–296. 

EFFECTIVE DATE

Subchapter effective 60 days after Nov. 25, 2002, see 

section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security. 

Pub. L. 106–398, §1 [[div. A], title X, §1065], Oct. 30, 

2000, 114 Stat. 1654, 1654A–275, which provided that subtitle G (§§1061–1065) of title X of [div. A] of H.R. 5408, as 

enacted by section 1 of Pub. L. 106–398, enacting this 

subchapter, amending sections 3501 to 3507, 3509, 3512, 

3514 to 3518, and 3520 of this title, and section 2224 of 

Title 10, Armed Forces, and enacting provisions formerly set out as a note below , would take effect 30 

days after Oct. 30, 2000, was repealed by Pub. L. 107–296, 

title X, §1005(b), Nov. 25, 2002, 116 Stat. 2272. 

RESPONSIBILITIES OF CERTAIN AGENCIES

Pub. L. 106–398, §1 [[div. A], title X, §1062], Oct. 30, 

2000, 114 Stat. 1654, 1654A–272, which set forth responsibilities of Department of Commerce, Department of 

Defense, Intelligence Community, Department of Justice, General Services Administration, and Office of 

Personnel Management relating to development, 

issuance, review, and updating of information security 

policies, principles, standards, and guidelines, including assessment of training and personnel needs, was repealed by Pub. L. 107–296, title X, §1005(b), Nov. 25, 2002, 

116 Stat. 2272, and Pub. L. 107–347, title III, §305(b), Dec. 

17, 2002, 116 Stat. 2960. 

§ 3532. Definitions 

(a) IN GENERAL.—Except as provided under 

subsection (b), the definitions under section 3502 

shall apply to this subchapter. 

(b) ADDITIONAL DEFINITIONS.—As used in this 

subchapter— 

(1) the term ‘‘information security’’ means 

protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction 

in order to provide— 

(A) integrity, which means guarding 

against improper information modification 

or destruction, and includes ensuring information nonrepudiation and authenticity; 

(B) confidentiality, which means preserving authorized restrictions on access and 

disclosure, including means for protecting 

personal privacy and proprietary information; 

(C) availability, which means ensuring 

timely and reliable access to and use of information; and 

(D) authentication, which means utilizing 

digital credentials to assure the identity of 

users and validate their access; 

(2) the term ‘‘national security system’’ 

means any information system (including any 

telecommunications system) used or operated 

by an agency or by a contractor of an agency, 

or other organization on behalf of an agency, 

the function, operation, or use of which— 

(A) involves intelligence activities; 

(B) involves cryptologic activities related 

to national security; 

(C) involves command and control of military forces; 

(D) involves equipment that is an integral 

part of a weapon or weapons system; or 

(E) is critical to the direct fulfillment of 

military or intelligence missions provided 

that this definition does not apply to a system that is used for routine administrative 

and business applications (including payroll, 

finance, logistics, and personnel management applications); 

(3) the term ‘‘information technology’’ has 

the meaning given that term in section 11101 

of title 40; and 

(4) the term ‘‘information system’’ means 

any equipment or interconnected system or 

subsystems of equipment that is used in the 

automatic acquisition, storage, manipulation, 

management, movement, control, display, 

switching, interchange, transmission, or reception of data or information, and includes— 

(A) computers and computer networks; 

(B) ancillary equipment; 

(C) software, firmware, and related procedures; 

(D) services, including support services; 

and 

(E) related resources. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2260.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

PRIOR PROVISIONS

A prior section 3532, added Pub. L. 106–398, §1 [[div. 

A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, 

related to definitions applicable to this subchapter 

prior to the general amendment of this subchapter by 

Pub. L. 107–296. 

§ 3533. Authority and functions of the Director 

(a) The Director shall oversee agency information security policies and practices, by— 

(1) promulgating information security standards under section 11331 of title 40; 

(2) overseeing the implementation of policies, principles, standards, and guidelines on 

information security; 

(3) requiring agencies, consistent with the 

standards promulgated under such section 

11331 and the requirements of this subchapter, 

to identify and provide information security 

protections commensurate with the risk and 

magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, 

modification, or destruction of— 

Page 139 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3534 

(A) information collected or maintained by 

or on behalf of an agency; or 

(B) information systems used or operated 

by an agency or by a contractor of an agency 

or other organization on behalf of an agency; 

(4) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology 

Act (15 U.S.C. 278g–3) with agencies and offices 

operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and 

guidelines developed for national security systems; 

(5) overseeing agency compliance with the 

requirements of this subchapter, including 

through any authorized action under section 

11303(b)(5) of title 40, to enforce accountability 

for compliance with such requirements; 

(6) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3534(b); 

(7) coordinating information security policies and procedures with related information 

resources management policies and procedures; and 

(8) reporting to Congress no later than 

March 1 of each year on agency compliance 

with the requirements of this subchapter, including— 

(A) a summary of the findings of evaluations required by section 3535; 

(B) significant deficiencies in agency information security practices; 

(C) planned remedial action to address 

such deficiencies; and 

(D) a summary of, and the views of the Director on, the report prepared by the National Institute of Standards and Technology under section 20(d)(9) of the National 

Institute of Standards and Technology Act 

(15 U.S.C. 278g–3). 

(b) Except for the authorities described in 

paragraphs (4) and (7) of subsection (a), the authorities of the Director under this section shall 

not apply to national security systems. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2261.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

PRIOR PROVISIONS

A prior section 3533, added Pub. L. 106–398, §1 [[div. 

A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, 

set forth authority and functions of the Director prior 

to the general amendment of this subchapter by Pub. 

L. 107–296. 

§ 3534. Federal agency responsibilities 

(a) The head of each agency shall— 

(1) be responsible for— 

(A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, 

modification, or destruction of— 

(i) information collected or maintained 

by or on behalf of the agency; and 

(ii) information systems used or operated by an agency or by a contractor of an 

agency or other organization on behalf of 

an agency; 

(B) complying with the requirements of 

this subchapter and related policies, procedures, standards, and guidelines, including— 

(i) information security standards promulgated by the Director under section 

11331 of title 40; and 

(ii) information security standards and 

guidelines for national security systems 

issued in accordance with law and as directed by the President; and 

(C) ensuring that information security 

management processes are integrated with 

agency strategic and operational planning 

processes; 

(2) ensure that senior agency officials provide information security for the information 

and information systems that support the operations and assets under their control, including through— 

(A) assessing the risk and magnitude of 

the harm that could result from the unauthorized access, use, disclosure, disruption, 

modification, or destruction of such information or information systems; 

(B) determining the levels of information 

security appropriate to protect such information and information systems in accordance with standards promulgated under section 11331 of title 40 for information security 

classifications and related requirements; 

(C) implementing policies and procedures 

to cost-effectively reduce risks to an acceptable level; and 

(D) periodically testing and evaluating information security controls and techniques 

to ensure that they are effectively implemented; 

(3) delegate to the agency Chief Information 

Officer established under section 3506 (or comparable official in an agency not covered by 

such section) the authority to ensure compliance with the requirements imposed on the 

agency under this subchapter, including— 

(A) designating a senior agency information security officer who shall— 

(i) carry out the Chief Information Officer’s responsibilities under this section; 

(ii) possess professional qualifications, 

including training and experience, required to administer the functions described under this section; 

(iii) have information security duties as 

that official’s primary duty; and 

(iv) head an office with the mission and 

resources to assist in ensuring agency 

compliance with this section; 

(B) developing and maintaining an agencywide information security program as required by subsection (b); 

(C) developing and maintaining information security policies, procedures, and control techniques to address all applicable requirements, including those issued under 

§ 3534 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 140 

1So in original. Probably should be ‘‘an’’. 

2So in original. Probably should be ‘‘I’’. 

section 3533 of this title, and section 11331 of 

title 40; 

(D) training and overseeing personnel with 

significant responsibilities for information 

security with respect to such responsibilities; and 

(E) assisting senior agency officials concerning their responsibilities under paragraph (2); 

(4) ensure that the agency has trained personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, 

standards, and guidelines; and 

(5) ensure that the agency Chief Information 

Officer, in coordination with other senior 

agency officials, reports annually to the agency head on the effectiveness of the agency information security program, including 

progress of remedial actions. 

(b) Each agency shall develop, document, and 

implement an agencywide information security 

program, approved by the Director under section 

3533(a)(5), to provide information security for 

the information and information systems that 

support the operations and assets of the agency, 

including those provided or managed by another 

agency, contractor, or other source, that includes— 

(1) periodic assessments of the risk and magnitude of the harm that could result from the 

unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the 

operations and assets of the agency; 

(2) policies and procedures that— 

(A) are based on the risk assessments required by paragraph (1); 

(B) cost-effectively reduce information security risks to an acceptable level; 

(C) ensure that information security is addressed throughout the life cycle of each 

agency information system; and 

(D) ensure compliance with— 

(i) the requirements of this subchapter; 

(ii) policies and procedures as may be 

prescribed by the Director, and information security standards promulgated under 

section 11331 of title 40; 

(iii) minimally acceptable system configuration requirements, as determined by 

the agency; and 

(iv) any other applicable requirements, 

including standards and guidelines for national security systems issued in accordance with law and as directed by the President; 

(3) subordinate plans for providing adequate 

information security for networks, facilities, 

and systems or groups of information systems, 

as appropriate; 

(4) security awareness training to inform 

personnel, including contractors and other 

users of information systems that support the 

operations and assets of the agency, of— 

(A) information security risks associated 

with their activities; and 

(B) their responsibilities in complying 

with agency policies and procedures designed to reduce these risks; 

(5) periodic testing and evaluation of the effectiveness of information security policies, 

procedures, and practices, to be performed 

with a frequency depending on risk, but no 

less than annually, of which such testing— 

(A) shall include testing of management, 

operational, and technical controls of every 

information system identified in the inventory required under section 3505(c); and 

(B) may include testing relied on in a 1

evaluation under section 3535; 

(6) a process for planning, implementing, 

evaluating, and documenting remedial action 

to address any deficiencies in the information 

security policies, procedures, and practices of 

the agency; 

(7) procedures for detecting, reporting, and 

responding to security incidents, including— 

(A) mitigating risks associated with such 

incidents before substantial damage is done; 

and 

(B) notifying and consulting with, as appropriate— 

(i) law enforcement agencies and relevant Offices of Inspector General; 

(ii) an office designated by the President 

for any incident involving a national security system; and 

(iii) any other agency or office, in accordance with law or as directed by the 

President; and 

(8) plans and procedures to ensure continuity 

of operations for information systems that 

support the operations and assets of the agency. 

(c) Each agency shall— 

(1) report annually to the Director, the Committees on Government Reform and Science of 

the House of Representatives, the Committees 

on Governmental Affairs and Commerce, 

Science, and Transportation of the Senate, the 

appropriate authorization and appropriations 

committees of Congress, and the Comptroller 

General on the adequacy and effectiveness of 

information security policies, procedures, and 

practices, and compliance with the requirements of this subchapter, including compliance with each requirement of subsection (b); 

(2) address the adequacy and effectiveness of 

information security policies, procedures, and 

practices in plans and reports relating to— 

(A) annual agency budgets; 

(B) information resources management 

under subchapter 1 2 of this chapter; 

(C) information technology management 

under subtitle III of title 40; 

(D) program performance under sections 

1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39; 

(E) financial management under chapter 9 

of title 31, and the Chief Financial Officers 

Act of 1990 (31 U.S.C. 501 note; Public Law 

101–576) (and the amendments made by that 

Act); 

(F) financial management systems under 

the Federal Financial Management Improvement Act (31 U.S.C. 3512 note); and 

Page 141 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3535 

3So in original. The comma probably should not appear. 

(G) internal accounting and administrative controls under section 3512 of title 31, 

United States Code,3 (known as the ‘‘Federal 

Managers Financial Integrity Act’’); and 

(3) report any significant deficiency in a policy, procedure, or practice identified under 

paragraph (1) or (2)— 

(A) as a material weakness in reporting 

under section 3512 of title 31; and 

(B) if relating to financial management 

systems, as an instance of a lack of substantial compliance under the Federal Financial 

Management Improvement Act (31 U.S.C. 

3512 note). 

(d)(1) In addition to the requirements of subsection (c), each agency, in consultation with 

the Director, shall include as part of the performance plan required under section 1115 of 

title 31 a description of— 

(A) the time periods; and 

(B) the resources, including budget, staffing, 

and training, 

that are necessary to implement the program 

required under subsection (b). 

(2) The description under paragraph (1) shall 

be based on the risk assessments required under 

subsection (b)(2)(1). 

(e) Each agency shall provide the public with 

timely notice and opportunities for comment on 

proposed information security policies and procedures to the extent that such policies and procedures affect communication with the public. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2262.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

REFERENCES IN TEXT

The Chief Financial Officers Act of 1990, referred to in 

subsec. (c)(2)(E), is Pub. L. 101–576, Nov. 15, 1990, 104 

Stat. 2838. For complete classification of this Act to 

the Code, see Short Title of 1990 Amendment note set 

out under section 501 of Title 31, Money and Finance, 

and Tables. 

The Federal Financial Management Improvement 

Act, referred to in subsec. (c)(2)(F), (3)(B), probably 

means the Federal Financial Management Improvement Act of 1996, Pub. L. 104–208, div. A, title I, §101(f) 

[title VIII], Sept. 30, 1996, 110 Stat. 3009–314, 3009–389, 

which is set out as a note under section 3512 of Title 31, 

Money and Finance. For complete classification of this 

Act to the Code, see Tables. 

PRIOR PROVISIONS

A prior section 3534, added Pub. L. 106–398, §1 [[div. 

A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–268, 

related to Federal agency responsibilities prior to the 

general amendment of this subchapter by Pub. L. 

107–296. 

CHANGE OF NAME

Committee on Government Reform of House of Representatives changed to Committee on Oversight and 

Government Reform of House of Representatives and 

Committee on Science of House of Representatives 

changed to Committee on Science and Technology of 

House of Representatives by House Resolution No. 6, 

One Hundred Tenth Congress, Jan. 5, 2007. 

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

§ 3535. Annual independent evaluation 

(a)(1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that 

agency to determine the effectiveness of such 

program and practices. 

(2) Each evaluation by an agency under this 

section shall include— 

(A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency’s 

information systems; 

(B) an assessment (made on the basis of the 

results of the testing) of compliance with— 

(i) the requirements of this subchapter; 

and 

(ii) related information security policies, 

procedures, standards, and guidelines; and 

(C) separate presentations, as appropriate, 

regarding information security relating to national security systems. 

(b) Subject to subsection (c)— 

(1) for each agency with an Inspector General appointed under the Inspector General 

Act of 1978 or any other law, the annual evaluation required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by 

the Inspector General of the agency; and 

(2) for each agency to which paragraph (1) 

does not apply, the head of the agency shall 

engage an independent external auditor to perform the evaluation. 

(c) For each agency operating or exercising 

control of a national security system, that portion of the evaluation required by this section 

directly relating to a national security system 

shall be performed— 

(1) only by an entity designated by the agency head; and 

(2) in such a manner as to ensure appropriate 

protection for information associated with 

any information security vulnerability in such 

system commensurate with the risk and in accordance with all applicable laws. 

(d) The evaluation required by this section— 

(1) shall be performed in accordance with 

generally accepted government auditing 

standards; and 

(2) may be based in whole or in part on an 

audit, evaluation, or report relating to programs or practices of the applicable agency. 

(e) Each year, not later than such date established by the Director, the head of each agency 

shall submit to the Director the results of the 

evaluation required under this section. 

(f) Agencies and evaluators shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be 

commensurate with the risk and comply with 

all applicable laws and regulations. 

(g)(1) The Director shall summarize the results 

of the evaluations conducted under this section 

§ 3536 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 142 

1So in original. Probably should be ‘‘National Institute of 

Standards’’. 

in the report to Congress required under section 

3533(a)(8). 

(2) The Director’s report to Congress under 

this subsection shall summarize information regarding information security relating to national security systems in such a manner as to 

ensure appropriate protection for information 

associated with any information security vulnerability in such system commensurate with 

the risk and in accordance with all applicable 

laws. 

(3) Evaluations and any other descriptions of 

information systems under the authority and 

control of the Director of Central Intelligence or 

of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to 

Congress only through the appropriate oversight 

committees of Congress, in accordance with applicable laws. 

(h) The Comptroller General shall periodically 

evaluate and report to Congress on— 

(1) the adequacy and effectiveness of agency 

information security policies and practices; 

and 

(2) implementation of the requirements of 

this subchapter. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2265; amended Pub. L. 108–177, 

title III, §377(e), Dec. 13, 2003, 117 Stat. 2631.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b)(1), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, 

as amended, which is set out in the Appendix to Title 

5, Government Organization and Employees. 

PRIOR PROVISIONS

A prior section 3535, added Pub. L. 106–398, §1 [[div. 

A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–271, 

related to annual independent evaluation prior to the 

general amendment of this subchapter by Pub. L. 

107–296. 

AMENDMENTS

2003—Subsec. (b)(1). Pub. L. 108–177 inserted ‘‘or any 

other law’’ after ‘‘1978’’. 

CHANGE OF NAME

Reference to the Director of Central Intelligence or 

the Director of the Central Intelligence Agency in the 

Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of 

the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as 

a note under section 401 of Title 50, War and National 

Defense. 

§ 3536. National security systems 

The head of each agency operating or exercising control of a national security system 

shall be responsible for ensuring that the agency— 

(1) provides information security protections 

commensurate with the risk and magnitude of 

the harm resulting from the unauthorized access, use, disclosure, disruption, modification, 

or destruction of the information contained in 

such system; 

(2) implements information security policies 

and practices as required by standards and 

guidelines for national security systems, 

issued in accordance with law and as directed 

by the President; and 

(3) complies with the requirements of this 

subchapter. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2266.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

PRIOR PROVISIONS

A prior section 3536, added Pub. L. 106–398, §1 [[div. 

A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–272; 

amended Pub. L. 107–314, div. A, title X, §1052(a), Dec. 

2, 2002, 116 Stat. 2648, set forth expiration date of this 

subchapter prior to the general amendment of this subchapter by Pub. L. 107–296. 

EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 

101 of Title 6, Domestic Security. 

§ 3537. Authorization of appropriations 

There are authorized to be appropriated to 

carry out the provisions of this subchapter such 

sums as may be necessary for each of fiscal 

years 2003 through 2007. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2267.) 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

§ 3538. Effect on existing law 

Nothing in this subchapter, section 11331 of 

title 40, or section 20 of the National Standards 1

and Technology Act (15 U.S.C. 278g–3) may be 

construed as affecting the authority of the 

President, the Office of Management and Budget 

or the Director thereof, the National Institute of 

Standards and Technology, or the head of any 

agency, with respect to the authorized use or 

disclosure of information, including with regard 

to the protection of personal privacy under section 552a of title 5, the disclosure of information 

under section 552 of title 5, the management and 

disposition of records under chapters 29, 31, or 33 

of title 44, the management of information resources under subchapter I of chapter 35 of this 

title, or the disclosure of information to Congress or the Comptroller General of the United 

States. 

(Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 

25, 2002, 116 Stat. 2267.) 

Page 143 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3543 

APPLICABILITY OF SECTION

This section not to apply while subchapter III 

of this chapter is in effect, see section 3549 of 

this title. 

SUBCHAPTER III—INFORMATION SECURITY 

§ 3541. Purposes 

The purposes of this subchapter are to— 

(1) provide a comprehensive framework for 

ensuring the effectiveness of information security controls over information resources that 

support Federal operations and assets; 

(2) recognize the highly networked nature of 

the current Federal computing environment 

and provide effective governmentwide management and oversight of the related information security risks, including coordination of 

information security efforts throughout the 

civilian, national security, and law enforcement communities; 

(3) provide for development and maintenance 

of minimum controls required to protect Federal information and information systems; 

(4) provide a mechanism for improved oversight of Federal agency information security 

programs; 

(5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market 

solutions for the protection of critical information infrastructures important to the national defense and economic security of the 

nation that are designed, built, and operated 

by the private sector; and 

(6) recognize that the selection of specific 

technical hardware and software information 

security solutions should be left to individual 

agencies from among commercially developed 

products. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2946.) 

EFFECTIVE DATE

Pub. L. 107–347, title IV, §402(b), Dec. 17, 2002, 116 Stat. 

2962, provided that: ‘‘Title III [see Short Title of 2002 

Amendments note set out under section 101 of this 

title] and this title [enacting provisions set out as a 

note under section 3601 of this title] shall take effect on 

the date of enactment of this Act [Dec. 17, 2002].’’ 

§ 3542. Definitions 

(a) IN GENERAL.—Except as provided under 

subsection (b), the definitions under section 3502 

shall apply to this subchapter. 

(b) ADDITIONAL DEFINITIONS.—As used in this 

subchapter: 

(1) The term ‘‘information security’’ means 

protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction 

in order to provide— 

(A) integrity, which means guarding 

against improper information modification 

or destruction, and includes ensuring information nonrepudiation and authenticity; 

(B) confidentiality, which means preserving authorized restrictions on access and 

disclosure, including means for protecting 

personal privacy and proprietary information; and 

(C) availability, which means ensuring 

timely and reliable access to and use of information. 

(2)(A) The term ‘‘national security system’’ 

means any information system (including any 

telecommunications system) used or operated 

by an agency or by a contractor of an agency, 

or other organization on behalf of an agency— 

(i) the function, operation, or use of 

which— 

(I) involves intelligence activities; 

(II) involves cryptologic activities related to national security; 

(III) involves command and control of 

military forces; 

(IV) involves equipment that is an integral part of a weapon or weapons system; 

or 

(V) subject to subparagraph (B), is critical to the direct fulfillment of military or 

intelligence missions; or 

(ii) is protected at all times by procedures 

established for information that have been 

specifically authorized under criteria established by an Executive order or an Act of 

Congress to be kept classified in the interest 

of national defense or foreign policy. 

(B) Subparagraph (A)(i)(V) does not include 

a system that is to be used for routine administrative and business applications (including 

payroll, finance, logistics, and personnel management applications). 

(3) The term ‘‘information technology’’ has 

the meaning given that term in section 11101 

of title 40. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2947.) 

§ 3543. Authority and functions of the Director 

(a) IN GENERAL.—The Director shall oversee 

agency information security policies and practices, including— 

(1) developing and overseeing the implementation of policies, principles, standards, and 

guidelines on information security, including 

through ensuring timely agency adoption of 

and compliance with standards promulgated 

under section 11331 of title 40; 

(2) requiring agencies, consistent with the 

standards promulgated under such section 

11331 and the requirements of this subchapter, 

to identify and provide information security 

protections commensurate with the risk and 

magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, 

modification, or destruction of— 

(A) information collected or maintained by 

or on behalf of an agency; or 

(B) information systems used or operated 

by an agency or by a contractor of an agency 

or other organization on behalf of an agency; 

(3) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology 

Act (15 U.S.C. 278g–3) with agencies and offices 

operating or exercising control of national seVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00151 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 3544 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 144 

curity systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and 

guidelines developed for national security systems; 

(4) overseeing agency compliance with the 

requirements of this subchapter, including 

through any authorized action under section 

11303 of title 40, to enforce accountability for 

compliance with such requirements; 

(5) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3544(b); 

(6) coordinating information security policies and procedures with related information 

resources management policies and procedures; 

(7) overseeing the operation of the Federal 

information security incident center required 

under section 3546; and 

(8) reporting to Congress no later than 

March 1 of each year on agency compliance 

with the requirements of this subchapter, including— 

(A) a summary of the findings of evaluations required by section 3545; 

(B) an assessment of the development, promulgation, and adoption of, and compliance 

with, standards developed under section 20 of 

the National Institute of Standards and 

Technology Act (15 U.S.C. 278g–3) and promulgated under section 11331 of title 40; 

(C) significant deficiencies in agency information security practices; 

(D) planned remedial action to address 

such deficiencies; and 

(E) a summary of, and the views of the Director on, the report prepared by the National Institute of Standards and Technology under section 20(d)(10) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3). 

(b) NATIONAL SECURITY SYSTEMS.—Except for 

the authorities described in paragraphs (4) and 

(8) of subsection (a), the authorities of the Director under this section shall not apply to national security systems. 

(c) DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY SYSTEMS.—(1) The authorities of the Director described in paragraphs (1) 

and (2) of subsection (a) shall be delegated to the 

Secretary of Defense in the case of systems described in paragraph (2) and to the Director of 

Central Intelligence in the case of systems described in paragraph (3). 

(2) The systems described in this paragraph 

are systems that are operated by the Department of Defense, a contractor of the Department 

of Defense, or another entity on behalf of the 

Department of Defense that processes any information the unauthorized access, use, disclosure, 

disruption, modification, or destruction of 

which would have a debilitating impact on the 

mission of the Department of Defense. 

(3) The systems described in this paragraph 

are systems that are operated by the Central Intelligence Agency, a contractor of the Central 

Intelligence Agency, or another entity on behalf 

of the Central Intelligence Agency that processes any information the unauthorized access, 

use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Central Intelligence 

Agency. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2947.) 

CHANGE OF NAME

Reference to the Director of Central Intelligence or 

the Director of the Central Intelligence Agency in the 

Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of 

the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as 

a note under section 401 of Title 50, War and National 

Defense. 

§ 3544. Federal agency responsibilities 

(a) IN GENERAL.—The head of each agency 

shall— 

(1) be responsible for— 

(A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, 

modification, or destruction of— 

(i) information collected or maintained 

by or on behalf of the agency; and 

(ii) information systems used or operated by an agency or by a contractor of an 

agency or other organization on behalf of 

an agency; 

(B) complying with the requirements of 

this subchapter and related policies, procedures, standards, and guidelines, including— 

(i) information security standards promulgated under section 11331 of title 40; 

and 

(ii) information security standards and 

guidelines for national security systems 

issued in accordance with law and as directed by the President; and 

(C) ensuring that information security 

management processes are integrated with 

agency strategic and operational planning 

processes; 

(2) ensure that senior agency officials provide information security for the information 

and information systems that support the operations and assets under their control, including through— 

(A) assessing the risk and magnitude of 

the harm that could result from the unauthorized access, use, disclosure, disruption, 

modification, or destruction of such information or information systems; 

(B) determining the levels of information 

security appropriate to protect such information and information systems in accordance with standards promulgated under section 11331 of title 40, for information security classifications and related requirements; 

(C) implementing policies and procedures 

to cost-effectively reduce risks to an acceptable level; and 

Page 145 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3544 

1So in original. Probably should be ‘‘an’’. 

(D) periodically testing and evaluating information security controls and techniques 

to ensure that they are effectively implemented; 

(3) delegate to the agency Chief Information 

Officer established under section 3506 (or comparable official in an agency not covered by 

such section) the authority to ensure compliance with the requirements imposed on the 

agency under this subchapter, including— 

(A) designating a senior agency information security officer who shall— 

(i) carry out the Chief Information Officer’s responsibilities under this section; 

(ii) possess professional qualifications, 

including training and experience, required to administer the functions described under this section; 

(iii) have information security duties as 

that official’s primary duty; and 

(iv) head an office with the mission and 

resources to assist in ensuring agency 

compliance with this section; 

(B) developing and maintaining an agencywide information security program as required by subsection (b); 

(C) developing and maintaining information security policies, procedures, and control techniques to address all applicable requirements, including those issued under 

section 3543 of this title, and section 11331 of 

title 40; 

(D) training and overseeing personnel with 

significant responsibilities for information 

security with respect to such responsibilities; and 

(E) assisting senior agency officials concerning their responsibilities under paragraph (2); 

(4) ensure that the agency has trained personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, 

standards, and guidelines; and 

(5) ensure that the agency Chief Information 

Officer, in coordination with other senior 

agency officials, reports annually to the agency head on the effectiveness of the agency information security program, including 

progress of remedial actions. 

(b) AGENCY PROGRAM.—Each agency shall develop, document, and implement an agencywide 

information security program, approved by the 

Director under section 3543(a)(5), to provide information security for the information and information systems that support the operations 

and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes— 

(1) periodic assessments of the risk and magnitude of the harm that could result from the 

unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the 

operations and assets of the agency; 

(2) policies and procedures that— 

(A) are based on the risk assessments required by paragraph (1); 

(B) cost-effectively reduce information security risks to an acceptable level; 

(C) ensure that information security is addressed throughout the life cycle of each 

agency information system; and 

(D) ensure compliance with— 

(i) the requirements of this subchapter; 

(ii) policies and procedures as may be 

prescribed by the Director, and information security standards promulgated under 

section 11331 of title 40; 

(iii) minimally acceptable system configuration requirements, as determined by 

the agency; and 

(iv) any other applicable requirements, 

including standards and guidelines for national security systems issued in accordance with law and as directed by the President; 

(3) subordinate plans for providing adequate 

information security for networks, facilities, 

and systems or groups of information systems, 

as appropriate; 

(4) security awareness training to inform 

personnel, including contractors and other 

users of information systems that support the 

operations and assets of the agency, of— 

(A) information security risks associated 

with their activities; and 

(B) their responsibilities in complying 

with agency policies and procedures designed to reduce these risks; 

(5) periodic testing and evaluation of the effectiveness of information security policies, 

procedures, and practices, to be performed 

with a frequency depending on risk, but no 

less than annually, of which such testing— 

(A) shall include testing of management, 

operational, and technical controls of every 

information system identified in the inventory required under section 3505(c); and 

(B) may include testing relied on in a 1

evaluation under section 3545; 

(6) a process for planning, implementing, 

evaluating, and documenting remedial action 

to address any deficiencies in the information 

security policies, procedures, and practices of 

the agency; 

(7) procedures for detecting, reporting, and 

responding to security incidents, consistent 

with standards and guidelines issued pursuant 

to section 3546(b), including— 

(A) mitigating risks associated with such 

incidents before substantial damage is done; 

(B) notifying and consulting with the Federal information security incident center referred to in section 3546; and 

(C) notifying and consulting with, as appropriate— 

(i) law enforcement agencies and relevant Offices of Inspector General; 

(ii) an office designated by the President 

for any incident involving a national security system; and 

(iii) any other agency or office, in accordance with law or as directed by the 

President; and 

(8) plans and procedures to ensure continuity 

of operations for information systems that 

§ 3545 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 146 

2So in original. Probably should be ‘‘I’’. 

3So in original. The comma probably should not appear. 

support the operations and assets of the agency. 

(c) AGENCY REPORTING.—Each agency shall— 

(1) report annually to the Director, the Committees on Government Reform and Science of 

the House of Representatives, the Committees 

on Governmental Affairs and Commerce, 

Science, and Transportation of the Senate, the 

appropriate authorization and appropriations 

committees of Congress, and the Comptroller 

General on the adequacy and effectiveness of 

information security policies, procedures, and 

practices, and compliance with the requirements of this subchapter, including compliance with each requirement of subsection (b); 

(2) address the adequacy and effectiveness of 

information security policies, procedures, and 

practices in plans and reports relating to— 

(A) annual agency budgets; 

(B) information resources management 

under subchapter 1 2 of this chapter; 

(C) information technology management 

under subtitle III of title 40; 

(D) program performance under sections 

1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39; 

(E) financial management under chapter 9 

of title 31, and the Chief Financial Officers 

Act of 1990 (31 U.S.C. 501 note; Public Law 

101–576) (and the amendments made by that 

Act); 

(F) financial management systems under 

the Federal Financial Management Improvement Act (31 U.S.C. 3512 note); and 

(G) internal accounting and administrative controls under section 3512 of title 31,3

(known as the ‘‘Federal Managers Financial 

Integrity Act’’); and 

(3) report any significant deficiency in a policy, procedure, or practice identified under 

paragraph (1) or (2)— 

(A) as a material weakness in reporting 

under section 3512 of title 31; and 

(B) if relating to financial management 

systems, as an instance of a lack of substantial compliance under the Federal Financial 

Management Improvement Act (31 U.S.C. 

3512 note). 

(d) PERFORMANCE PLAN.—(1) In addition to the 

requirements of subsection (c), each agency, in 

consultation with the Director, shall include as 

part of the performance plan required under section 1115 of title 31 a description of— 

(A) the time periods, and 

(B) the resources, including budget, staffing, 

and training, 

that are necessary to implement the program 

required under subsection (b). 

(2) The description under paragraph (1) shall 

be based on the risk assessments required under 

subsection (b)(2)(1). 

(e) PUBLIC NOTICE AND COMMENT.—Each agency 

shall provide the public with timely notice and 

opportunities for comment on proposed information security policies and procedures to the extent that such policies and procedures affect 

communication with the public. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2949.) 

REFERENCES IN TEXT

The Chief Financial Officers Act of 1990, referred to in 

subsec. (c)(2)(E), is Pub. L. 101–576, Nov. 15, 1990, 104 

Stat. 2838. For complete classification of this Act to 

the Code, see Short Title of 1990 Amendment note set 

out under section 501 of Title 31, Money and Finance, 

and Tables. 

The Federal Financial Management Improvement 

Act, referred to in subsec. (c)(2)(F), (3)(B), probably 

means the Federal Financial Management Improvement Act of 1996, Pub. L. 104–208, div. A, title I, §101(f) 

[title VIII], Sept. 30, 1996, 110 Stat. 3009–314, 3009–389, 

which is set out as a note under section 3512 of Title 31, 

Money and Finance. For complete classification of this 

Act to the Code, see Tables. 

CHANGE OF NAME

Committee on Government Reform of House of Representatives changed to Committee on Oversight and 

Government Reform of House of Representatives and 

Committee on Science of House of Representatives 

changed to Committee on Science and Technology of 

House of Representatives by House Resolution No. 6, 

One Hundred Tenth Congress, Jan. 5, 2007. 

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

§ 3545. Annual independent evaluation 

(a) IN GENERAL.—(1) Each year each agency 

shall have performed an independent evaluation 

of the information security program and practices of that agency to determine the effectiveness of such program and practices. 

(2) Each evaluation under this section shall include— 

(A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency’s 

information systems; 

(B) an assessment (made on the basis of the 

results of the testing) of compliance with— 

(i) the requirements of this subchapter; 

and 

(ii) related information security policies, 

procedures, standards, and guidelines; and 

(C) separate presentations, as appropriate, 

regarding information security relating to national security systems. 

(b) INDEPENDENT AUDITOR.—Subject to subsection (c)— 

(1) for each agency with an Inspector General appointed under the Inspector General 

Act of 1978 or any other law, the annual evaluation required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by 

the Inspector General of the agency; and 

(2) for each agency to which paragraph (1) 

does not apply, the head of the agency shall 

engage an independent external auditor to perform the evaluation. 

(c) NATIONAL SECURITY SYSTEMS.—For each 

agency operating or exercising control of a national security system, that portion of the evaluation required by this section directly relating 

to a national security system shall be performed— 

Page 147 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3547 

(1) only by an entity designated by the agency head; and 

(2) in such a manner as to ensure appropriate 

protection for information associated with 

any information security vulnerability in such 

system commensurate with the risk and in accordance with all applicable laws. 

(d) EXISTING EVALUATIONS.—The evaluation required by this section may be based in whole or 

in part on an audit, evaluation, or report relating to programs or practices of the applicable 

agency. 

(e) AGENCY REPORTING.—(1) Each year, not 

later than such date established by the Director, 

the head of each agency shall submit to the Director the results of the evaluation required 

under this section. 

(2) To the extent an evaluation required under 

this section directly relates to a national security system, the evaluation results submitted to 

the Director shall contain only a summary and 

assessment of that portion of the evaluation directly relating to a national security system. 

(f) PROTECTION OF INFORMATION.—Agencies and 

evaluators shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate 

with the risk and comply with all applicable 

laws and regulations. 

(g) OMB REPORTS TO CONGRESS.—(1) The Director shall summarize the results of the evaluations conducted under this section in the report 

to Congress required under section 3543(a)(8). 

(2) The Director’s report to Congress under 

this subsection shall summarize information regarding information security relating to national security systems in such a manner as to 

ensure appropriate protection for information 

associated with any information security vulnerability in such system commensurate with 

the risk and in accordance with all applicable 

laws. 

(3) Evaluations and any other descriptions of 

information systems under the authority and 

control of the Director of Central Intelligence or 

of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to 

Congress only through the appropriate oversight 

committees of Congress, in accordance with applicable laws. 

(h) COMPTROLLER GENERAL.—The Comptroller 

General shall periodically evaluate and report to 

Congress on— 

(1) the adequacy and effectiveness of agency 

information security policies and practices; 

and 

(2) implementation of the requirements of 

this subchapter. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2952; amended Pub. L. 108–177, 

title III, §377(e), Dec. 13, 2003, 117 Stat. 2631.) 

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b)(1), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, 

as amended, which is set out in the Appendix to Title 

5, Government Organization and Employees. 

AMENDMENTS

2003—Subsec. (b)(1). Pub. L. 108–177 inserted ‘‘or any 

other law’’ after ‘‘1978’’. 

CHANGE OF NAME

Reference to the Director of Central Intelligence or 

the Director of the Central Intelligence Agency in the 

Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of 

the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as 

a note under section 401 of Title 50, War and National 

Defense. 

§ 3546. Federal information security incident center 

(a) IN GENERAL.—The Director shall ensure the 

operation of a central Federal information security incident center to— 

(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on 

detecting and handling information security 

incidents; 

(2) compile and analyze information about 

incidents that threaten information security; 

(3) inform operators of agency information 

systems about current and potential information security threats, and vulnerabilities; and 

(4) consult with the National Institute of 

Standards and Technology, agencies or offices 

operating or exercising control of national security systems (including the National Security Agency), and such other agencies or offices in accordance with law and as directed by 

the President regarding information security 

incidents and related matters. 

(b) NATIONAL SECURITY SYSTEMS.—Each agency operating or exercising control of a national 

security system shall share information about 

information security incidents, threats, and 

vulnerabilities with the Federal information security incident center to the extent consistent 

with standards and guidelines for national security systems, issued in accordance with law and 

as directed by the President. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2954.) 

§ 3547. National security systems 

The head of each agency operating or exercising control of a national security system 

shall be responsible for ensuring that the agency— 

(1) provides information security protections 

commensurate with the risk and magnitude of 

the harm resulting from the unauthorized access, use, disclosure, disruption, modification, 

or destruction of the information contained in 

such system; 

(2) implements information security policies 

and practices as required by standards and 

guidelines for national security systems, 

issued in accordance with law and as directed 

by the President; and 

(3) complies with the requirements of this 

subchapter. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2954.) 

§ 3548 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 148 

1So in original. Probably should be ‘‘National Institute of 

Standards’’. 

§ 3548. Authorization of appropriations 

There are authorized to be appropriated to 

carry out the provisions of this subchapter such 

sums as may be necessary for each of fiscal 

years 2003 through 2007. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2954.) 

§ 3549. Effect on existing law 

Nothing in this subchapter, section 11331 of 

title 40, or section 20 of the National Standards 1

and Technology Act (15 U.S.C. 278g–3) may be 

construed as affecting the authority of the 

President, the Office of Management and Budget 

or the Director thereof, the National Institute of 

Standards and Technology, or the head of any 

agency, with respect to the authorized use or 

disclosure of information, including with regard 

to the protection of personal privacy under section 552a of title 5, the disclosure of information 

under section 552 of title 5, the management and 

disposition of records under chapters 29, 31, or 33 

of title 44, the management of information resources under subchapter I of chapter 35 of this 

title, or the disclosure of information to the 

Congress or the Comptroller General of the 

United States. While this subchapter is in effect, 

subchapter II of this chapter shall not apply. 

(Added Pub. L. 107–347, title III, §301(b)(1), Dec. 

17, 2002, 116 Stat. 2955.) 

CHAPTER 36—MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT 

SERVICES 

Sec. 

3601. Definitions. 

3602. Office of Electronic Government. 

3603. Chief Information Officers Council. 

3604. E-Government Fund. 

3605. Program to encourage innovative solutions to 

enhance electronic Government services 

and processes. 

3606. E-Government report. 

§ 3601. Definitions 

In this chapter, the definitions under section 

3502 shall apply, and the term— 

(1) ‘‘Administrator’’ means the Administrator of the Office of Electronic Government 

established under section 3602; 

(2) ‘‘Council’’ means the Chief Information 

Officers Council established under section 3603; 

(3) ‘‘electronic Government’’ means the use 

by the Government of web-based Internet applications and other information technologies, 

combined with processes that implement these 

technologies, to— 

(A) enhance the access to and delivery of 

Government information and services to the 

public, other agencies, and other Government entities; or 

(B) bring about improvements in Government operations that may include effectiveness, efficiency, service quality, or transformation; 

(4) ‘‘enterprise architecture’’— 

(A) means— 

(i) a strategic information asset base, 

which defines the mission; 

(ii) the information necessary to perform 

the mission; 

(iii) the technologies necessary to perform the mission; and 

(iv) the transitional processes for implementing new technologies in response to 

changing mission needs; and 

(B) includes— 

(i) a baseline architecture; 

(ii) a target architecture; and 

(iii) a sequencing plan; 

(5) ‘‘Fund’’ means the E-Government Fund 

established under section 3604; 

(6) ‘‘interoperability’’ means the ability of 

different operating and software systems, applications, and services to communicate and 

exchange data in an accurate, effective, and 

consistent manner; 

(7) ‘‘integrated service delivery’’ means the 

provision of Internet-based Federal Government information or services integrated according to function or topic rather than separated according to the boundaries of agency 

jurisdiction; and 

(8) ‘‘tribal government’’ means— 

(A) the governing body of any Indian tribe, 

band, nation, or other organized group or 

community located in the continental 

United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the 

United States to Indians because of their 

status as Indians, and 

(B) any Alaska Native regional or village 

corporation established pursuant to the 

Alaska Native Claims Settlement Act (43 

U.S.C. 1601 et seq.). 

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 

2002, 116 Stat. 2901.) 

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred 

to in par. (8)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 

688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short 

Title note set out under section 1601 of Title 43 and Tables. 

EFFECTIVE DATE

Pub. L. 107–347, title IV, §402(a), Dec. 17, 2002, 116 Stat. 

2961, provided that: 

‘‘(1) IN GENERAL.—Except as provided under paragraph 

(2), titles I [enacting this chapter, section 507 of Title 

31, Money and Finance, and section 305 of Title 40, Public Buildings, Property, and Works, and amending section 503 of Title 31] and II [enacting chapter 37 of Title 

5, Government Organization and Employees, section 

2332 of Title 10, Armed Forces, and section 266a of Title 

41, Public Contracts, amending sections 3111, 4108, and 

7353 of Title 5, sections 207, 209, and 1905 of Title 18, 

Crimes and Criminal Procedure, sections 502, 11501 to 

11505 of Title 40, and section 423 of Title 41, repealing 

section 11521 of Title 40, directing the renumbering of 

section 11522 of Title 40 as section 11521, enacting provisions set out as notes under section 3501 of this title, 

and amending provisions set out as notes under section 

8432 of Title 5 and section 1913 of Title 28, Judiciary and 

Judicial Procedure] and the amendments made by such 

titles shall take effect 120 days after the date of enactment of this Act [Dec. 17, 2002]. 

Page 149 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3602 

‘‘(2) IMMEDIATE ENACTMENT.—Sections 207, 214, and 215 

[set out in a note under section 3501 of this title] shall 

take effect on the date of enactment of this Act [Dec. 

17, 2002].’’ 

E-GOVERNMENT INITIATIVES FUNDING

Pub. L. 110–161, div. D, title VII, §737, Dec. 26, 2007, 121 

Stat. 2028, provided that: 

‘‘(a) For fiscal year 2008, no funds shall be available 

for transfers or reimbursements to the E-Government 

initiatives sponsored by the Office of Management and 

Budget prior to 15 days following submission of a report 

to the Committees on Appropriations by the Director 

of the Office of Management and Budget and receipt of 

approval to transfer funds by the House and Senate 

Committees on Appropriations. 

‘‘(b) Hereafter, any funding request for a new or ongoing E-Government initiative by any agency or agencies 

managing the development of an initiative shall include in justification materials submitted to the House 

and Senate Committees on Appropriations the information in subsection (d). 

‘‘(c) Hereafter, any funding request by any agency or 

agencies participating in the development of an E-Government initiative and contributing funding for the initiative shall include in justification materials submitted to the House and Senate Committees on Appropriations— 

‘‘(1) the amount of funding contributed to each initiative by program office, bureau, or activity, as appropriate; and 

‘‘(2) the relevance of that use to that department or 

agency and each bureau or office within, which is 

contributing funds. 

‘‘(d) The report in (a) and justification materials in 

(b) shall include at a minimum— 

‘‘(1) a description of each initiative including but 

not limited to its objectives, benefits, development 

status, risks, cost effectiveness (including estimated 

net costs or savings to the government), and the estimated date of full operational capability; 

‘‘(2) the total development cost of each initiative 

by fiscal year including costs to date, the estimated 

costs to complete its development to full operational 

capability, and estimated annual operations and 

maintenance costs; and 

‘‘(3) the sources and distribution of funding by fiscal year and by agency and bureau for each initiative 

including agency contributions to date and estimated 

future contributions by agency. 

‘‘(e) No funds shall be available for obligation or expenditure for new E-Government initiatives without 

the explicit approval of the House and Senate Committees on Appropriations.’’ 

FINDINGS AND PURPOSES

Pub. L. 107–347, §2, Dec. 17, 2002, 116 Stat. 2900, provided that: 

‘‘(a) FINDINGS.—Congress finds the following: 

‘‘(1) The use of computers and the Internet is rapidly transforming societal interactions and the relationships among citizens, private businesses, and the 

Government. 

‘‘(2) The Federal Government has had uneven success in applying advances in information technology 

to enhance governmental functions and services, 

achieve more efficient performance, increase access 

to Government information, and increase citizen participation in Government. 

‘‘(3) Most Internet-based services of the Federal 

Government are developed and presented separately, 

according to the jurisdictional boundaries of an individual department or agency, rather than being integrated cooperatively according to function or topic. 

‘‘(4) Internet-based Government services involving 

interagency cooperation are especially difficult to develop and promote, in part because of a lack of sufficient funding mechanisms to support such interagency cooperation. 

‘‘(5) Electronic Government has its impact through 

improved Government performance and outcomes 

within and across agencies. 

‘‘(6) Electronic Government is a critical element in 

the management of Government, to be implemented 

as part of a management framework that also addresses finance, procurement, human capital, and 

other challenges to improve the performance of Government. 

‘‘(7) To take full advantage of the improved Government performance that can be achieved through the 

use of Internet-based technology requires strong leadership, better organization, improved interagency 

collaboration, and more focused oversight of agency 

compliance with statutes related to information resource management. 

‘‘(b) PURPOSES.—The purposes of this Act [see Tables 

for classification] are the following: 

‘‘(1) To provide effective leadership of Federal Government efforts to develop and promote electronic 

Government services and processes by establishing an 

Administrator of a new Office of Electronic Government within the Office of Management and Budget. 

‘‘(2) To promote use of the Internet and other information technologies to provide increased opportunities for citizen participation in Government. 

‘‘(3) To promote interagency collaboration in providing electronic Government services, where this 

collaboration would improve the service to citizens 

by integrating related functions, and in the use of internal electronic Government processes, where this 

collaboration would improve the efficiency and effectiveness of the processes. 

‘‘(4) To improve the ability of the Government to 

achieve agency missions and program performance 

goals. 

‘‘(5) To promote the use of the Internet and emerging technologies within and across Government agencies to provide citizen-centric Government information and services. 

‘‘(6) To reduce costs and burdens for businesses and 

other Government entities. 

‘‘(7) To promote better informed decisionmaking by 

policy makers. 

‘‘(8) To promote access to high quality Government 

information and services across multiple channels. 

‘‘(9) To make the Federal Government more transparent and accountable. 

‘‘(10) To transform agency operations by utilizing, 

where appropriate, best practices from public and private sector organizations. 

‘‘(11) To provide enhanced access to Government information and services in a manner consistent with 

laws regarding protection of personal privacy, national security, records retention, access for persons 

with disabilities, and other relevant laws.’’ 

§ 3602. Office of Electronic Government 

(a) There is established in the Office of Management and Budget an Office of Electronic Government. 

(b) There shall be at the head of the Office an 

Administrator who shall be appointed by the 

President. 

(c) The Administrator shall assist the Director 

in carrying out— 

(1) all functions under this chapter; 

(2) all of the functions assigned to the Director under title II of the E-Government Act of 

2002; and 

(3) other electronic government initiatives, 

consistent with other statutes. 

(d) The Administrator shall assist the Director 

and the Deputy Director for Management and 

work with the Administrator of the Office of Information and Regulatory Affairs in setting 

§ 3602 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 150 

strategic direction for implementing electronic 

Government, under relevant statutes, including— 

(1) chapter 35; 

(2) subtitle III of title 40, United States 

Code; 

(3) section 552a of title 5 (commonly referred 

to as the ‘‘Privacy Act’’); 

(4) the Government Paperwork Elimination 

Act (44 U.S.C. 3504 note); and 

(5) the Federal Information Security Management Act of 2002. 

(e) The Administrator shall work with the Administrator of the Office of Information and 

Regulatory Affairs and with other offices within 

the Office of Management and Budget to oversee 

implementation of electronic Government under 

this chapter, chapter 35, the E-Government Act 

of 2002, and other relevant statutes, in a manner 

consistent with law, relating to— 

(1) capital planning and investment control 

for information technology; 

(2) the development of enterprise architectures; 

(3) information security; 

(4) privacy; 

(5) access to, dissemination of, and preservation of Government information; 

(6) accessibility of information technology 

for persons with disabilities; and 

(7) other areas of electronic Government. 

(f) Subject to requirements of this chapter, the 

Administrator shall assist the Director by performing electronic Government functions as follows: 

(1) Advise the Director on the resources required to develop and effectively administer 

electronic Government initiatives. 

(2) Recommend to the Director changes relating to Governmentwide strategies and priorities for electronic Government. 

(3) Provide overall leadership and direction 

to the executive branch on electronic Government. 

(4) Promote innovative uses of information 

technology by agencies, particularly initiatives involving multiagency collaboration, 

through support of pilot projects, research, experimentation, and the use of innovative technologies. 

(5) Oversee the distribution of funds from, 

and ensure appropriate administration and coordination of, the E-Government Fund established under section 3604. 

(6) Coordinate with the Administrator of 

General Services regarding programs undertaken by the General Services Administration 

to promote electronic government and the efficient use of information technologies by 

agencies. 

(7) Lead the activities of the Chief Information Officers Council established under section 

3603 on behalf of the Deputy Director for Management, who shall chair the council. 

(8) Assist the Director in establishing policies which shall set the framework for information technology standards for the Federal 

Government developed by the National Institute of Standards and Technology and promulgated by the Secretary of Commerce under 

section 11331 of title 40, taking into account, if 

appropriate, recommendations of the Chief Information Officers Council, experts, and interested parties from the private and nonprofit 

sectors and State, local, and tribal governments, and maximizing the use of commercial 

standards as appropriate, including the following: 

(A) Standards and guidelines for 

interconnectivity and interoperability as described under section 3504. 

(B) Consistent with the process under section 207(d) of the E-Government Act of 2002, 

standards and guidelines for categorizing 

Federal Government electronic information 

to enable efficient use of technologies, such 

as through the use of extensible markup language. 

(C) Standards and guidelines for Federal 

Government computer system efficiency and 

security. 

(9) Sponsor ongoing dialogue that— 

(A) shall be conducted among Federal, 

State, local, and tribal government leaders 

on electronic Government in the executive, 

legislative, and judicial branches, as well as 

leaders in the private and nonprofit sectors, 

to encourage collaboration and enhance understanding of best practices and innovative 

approaches in acquiring, using, and managing information resources; 

(B) is intended to improve the performance 

of governments in collaborating on the use 

of information technology to improve the 

delivery of Government information and 

services; and 

(C) may include— 

(i) development of innovative models— 

(I) for electronic Government management and Government information technology contracts; and 

(II) that may be developed through focused discussions or using separately 

sponsored research; 

(ii) identification of opportunities for 

public-private collaboration in using Internet-based technology to increase the efficiency of Government-to-business transactions; 

(iii) identification of mechanisms for 

providing incentives to program managers 

and other Government employees to develop and implement innovative uses of information technologies; and 

(iv) identification of opportunities for 

public, private, and intergovernmental collaboration in addressing the disparities in 

access to the Internet and information 

technology. 

(10) Sponsor activities to engage the general 

public in the development and implementation 

of policies and programs, particularly activities aimed at fulfilling the goal of using the 

most effective citizen-centered strategies and 

those activities which engage multiple agencies providing similar or related information 

and services. 

(11) Oversee the work of the General Services Administration and other agencies in developing the integrated Internet-based system 

Page 151 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3603 

under section 204 of the E-Government Act of 

2002. 

(12) Coordinate with the Administrator for 

Federal Procurement Policy to ensure effective implementation of electronic procurement initiatives. 

(13) Assist Federal agencies, including the 

General Services Administration, the Department of Justice, and the United States Access 

Board in— 

(A) implementing accessibility standards 

under section 508 of the Rehabilitation Act 

of 1973 (29 U.S.C. 794d); and 

(B) ensuring compliance with those standards through the budget review process and 

other means. 

(14) Oversee the development of enterprise 

architectures within and across agencies. 

(15) Assist the Director and the Deputy Director for Management in overseeing agency 

efforts to ensure that electronic Government 

activities incorporate adequate, risk-based, 

and cost-effective security compatible with 

business processes. 

(16) Administer the Office of Electronic Government established under this section. 

(17) Assist the Director in preparing the EGovernment report established under section 

3606. 

(g) The Director shall ensure that the Office of 

Management and Budget, including the Office of 

Electronic Government, the Office of Information and Regulatory Affairs, and other relevant 

offices, have adequate staff and resources to 

properly fulfill all functions under the E-Government Act of 2002. 

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 

2002, 116 Stat. 2902.) 

REFERENCES IN TEXT

The E-Government Act of 2002, referred to in text, is 

Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2899. Title II of 

the Act, including sections 204 and 207(d) of the Act, is 

set out as a note under section 3501 of this title. For 

complete classification of this Act to the Code, see Tables. 

The Government Paperwork Elimination Act, referred to in subsec. (d)(4), is title XVII of Pub. L. 

105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–749, which 

amended section 3504 of this title and enacted provisions set out as a note under section 3504 of this title. 

For complete classification of this Act to the Code, see 

Tables. 

The Federal Information Security Management Act 

of 2002, referred to in subsec. (d)(5), probably means 

title III of Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2946, 

which is classified principally to subchapter III of chapter 35 of this title. For complete classification of this 

Act to the Code, see Short Title of 2002 Amendments 

note set out under section 101 of this title and Tables. 

Another Federal Information Security Management 

Act of 2002 is title X of Pub. L. 107–296, Nov. 25, 116 Stat. 

2259. For complete classification of this Act to the 

Code, see Short Title note set out under section 101 of 

Title 6, Domestic Security. 

§ 3603. Chief Information Officers Council 

(a) There is established in the executive 

branch a Chief Information Officers Council. 

(b) The members of the Council shall be as follows: 

(1) The Deputy Director for Management of 

the Office of Management and Budget, who 

shall act as chairperson of the Council. 

(2) The Administrator of the Office of Electronic Government. 

(3) The Administrator of the Office of Information and Regulatory Affairs. 

(4) The chief information officer of each 

agency described under section 901(b) of title 

31. 

(5) The chief information officer of the Central Intelligence Agency. 

(6) The chief information officer of the Department of the Army, the Department of the 

Navy, and the Department of the Air Force, if 

chief information officers have been designated for such departments under section 

3506(a)(2)(B). 

(7) Any other officer or employee of the 

United States designated by the chairperson. 

(c)(1) The Administrator of the Office of Electronic Government shall lead the activities of 

the Council on behalf of the Deputy Director for 

Management. 

(2)(A) The Vice Chairman of the Council shall 

be selected by the Council from among its members. 

(B) The Vice Chairman shall serve a 1-year 

term, and may serve multiple terms. 

(3) The Administrator of General Services 

shall provide administrative and other support 

for the Council. 

(d) The Council is designated the principal 

interagency forum for improving agency practices related to the design, acquisition, development, modernization, use, operation, sharing, 

and performance of Federal Government information resources. 

(e) In performing its duties, the Council shall 

consult regularly with representatives of State, 

local, and tribal governments. 

(f) The Council shall perform functions that 

include the following: 

(1) Develop recommendations for the Director on Government information resources 

management policies and requirements. 

(2) Share experiences, ideas, best practices, 

and innovative approaches related to information resources management. 

(3) Assist the Administrator in the identification, development, and coordination of 

multiagency projects and other innovative initiatives to improve Government performance 

through the use of information technology. 

(4) Promote the development and use of common performance measures for agency information resources management under this 

chapter and title II of the E-Government Act 

of 2002. 

(5) Work as appropriate with the National 

Institute of Standards and Technology and the 

Administrator to develop recommendations on 

information technology standards developed 

under section 20 of the National Institute of 

Standards and Technology Act (15 U.S.C. 

278g–3) and promulgated under section 11331 of 

title 40, and maximize the use of commercial 

standards as appropriate, including the following: 

(A) Standards and guidelines for 

interconnectivity and interoperability as described under section 3504. 

(B) Consistent with the process under section 207(d) of the E-Government Act of 2002, 

§ 3604 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 152 

standards and guidelines for categorizing 

Federal Government electronic information 

to enable efficient use of technologies, such 

as through the use of extensible markup language. 

(C) Standards and guidelines for Federal 

Government computer system efficiency and 

security. 

(6) Work with the Office of Personnel Management to assess and address the hiring, 

training, classification, and professional development needs of the Government related to information resources management. 

(7) Work with the Archivist of the United 

States to assess how the Federal Records Act 

can be addressed effectively by Federal information resources management activities. 

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 

2002, 116 Stat. 2905.) 

REFERENCES IN TEXT

The E-Government Act of 2002, referred to in subsec. 

(f)(4), is Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2899. 

Title II of the Act, including section 207(d) of the Act, 

is set out as a note under section 3501 of this title. For 

complete classification of this Act to the Code, see Tables. 

No act with the name the ‘‘Federal Records Act’’, referred to in subsec. (f)(7), has been enacted. The Federal 

Records Act of 1950, which has a similar name, was title 

V of act June 30, 1949, ch. 288, as added Sept. 5, 1950, ch. 

849, §6(d), 64 Stat. 583, which was classified generally to 

sections 392 to 396 and 397 to 401 of former Title 44, Public Printing and Documents. Section 6(d) of act Sept. 5, 

1950, was repealed by Pub. L. 90–620, Oct. 22, 1968, 82 

Stat. 1238, the first section of which enacted this title. 

For disposition of sections of former Title 44, see Table 

at the beginning of this title. Title V of act June 30, 

1949, was repealed by Pub. L. 107–217, §4, Aug. 21, 2002, 

116 Stat. 1303. 

§ 3604. E-Government Fund 

(a)(1) There is established in the Treasury of 

the United States the E-Government Fund. 

(2) The Fund shall be administered by the Administrator of the General Services Administration to support projects approved by the Director, assisted by the Administrator of the Office 

of Electronic Government, that enable the Federal Government to expand its ability, through 

the development and implementation of innovative uses of the Internet or other electronic 

methods, to conduct activities electronically. 

(3) Projects under this subsection may include 

efforts to— 

(A) make Federal Government information 

and services more readily available to members of the public (including individuals, businesses, grantees, and State and local governments); 

(B) make it easier for the public to apply for 

benefits, receive services, pursue business opportunities, submit information, and otherwise conduct transactions with the Federal 

Government; and 

(C) enable Federal agencies to take advantage of information technology in sharing information and conducting transactions with 

each other and with State and local governments. 

(b)(1) The Administrator shall— 

(A) establish procedures for accepting and 

reviewing proposals for funding; 

(B) consult with interagency councils, including the Chief Information Officers Council, the Chief Financial Officers Council, and 

other interagency management councils, in establishing procedures and reviewing proposals; 

and 

(C) assist the Director in coordinating resources that agencies receive from the Fund 

with other resources available to agencies for 

similar purposes. 

(2) When reviewing proposals and managing 

the Fund, the Administrator shall observe and 

incorporate the following procedures: 

(A) A project requiring substantial involvement or funding from an agency shall be approved by a senior official with agencywide 

authority on behalf of the head of the agency, 

who shall report directly to the head of the 

agency. 

(B) Projects shall adhere to fundamental 

capital planning and investment control processes. 

(C) Agencies shall identify in their proposals 

resource commitments from the agencies involved and how these resources would be coordinated with support from the Fund, and include plans for potential continuation of 

projects after all funds made available from 

the Fund are expended. 

(D) After considering the recommendations 

of the interagency councils, the Director, assisted by the Administrator, shall have final 

authority to determine which of the candidate 

projects shall be funded from the Fund. 

(E) Agencies shall assess the results of funded projects. 

(c) In determining which proposals to recommend for funding, the Administrator— 

(1) shall consider criteria that include 

whether a proposal— 

(A) identifies the group to be served, including citizens, businesses, the Federal 

Government, or other governments; 

(B) indicates what service or information 

the project will provide that meets needs of 

groups identified under subparagraph (A); 

(C) ensures proper security and protects 

privacy; 

(D) is interagency in scope, including 

projects implemented by a primary or single 

agency that— 

(i) could confer benefits on multiple 

agencies; and 

(ii) have the support of other agencies; 

and 

(E) has performance objectives that tie to 

agency missions and strategic goals, and interim results that relate to the objectives; 

and 

(2) may also rank proposals based on criteria 

that include whether a proposal— 

(A) has Governmentwide application or 

implications; 

(B) has demonstrated support by the public 

to be served; 

(C) integrates Federal with State, local, or 

tribal approaches to service delivery; 

Page 153 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3606 

(D) identifies resource commitments from 

nongovernmental sectors; 

(E) identifies resource commitments from 

the agencies involved; 

(F) uses web-based technologies to achieve 

objectives; 

(G) identifies records management and 

records access strategies; 

(H) supports more effective citizen participation in and interaction with agency activities that further progress toward a more 

citizen-centered Government; 

(I) directly delivers Government information and services to the public or provides 

the infrastructure for delivery; 

(J) supports integrated service delivery; 

(K) describes how business processes across 

agencies will reflect appropriate transformation simultaneous to technology implementation; and 

(L) is new or innovative and does not supplant existing funding streams within agencies. 

(d) The Fund may be used to fund the integrated Internet-based system under section 204 

of the E-Government Act of 2002. 

(e) None of the funds provided from the Fund 

may be transferred to any agency until 15 days 

after the Administrator of the General Services 

Administration has submitted to the Committees on Appropriations of the Senate and the 

House of Representatives, the Committee on 

Governmental Affairs of the Senate, the Committee on Government Reform of the House of 

Representatives, and the appropriate authorizing committees of the Senate and the House of 

Representatives, a notification and description 

of how the funds are to be allocated and how the 

expenditure will further the purposes of this 

chapter. 

(f)(1) The Director shall report annually to 

Congress on the operation of the Fund, through 

the report established under section 3606. 

(2) The report under paragraph (1) shall describe— 

(A) all projects which the Director has approved for funding from the Fund; and 

(B) the results that have been achieved to 

date for these funded projects. 

(g)(1) There are authorized to be appropriated 

to the Fund— 

(A) $45,000,000 for fiscal year 2003; 

(B) $50,000,000 for fiscal year 2004; 

(C) $100,000,000 for fiscal year 2005; 

(D) $150,000,000 for fiscal year 2006; and 

(E) such sums as are necessary for fiscal 

year 2007. 

(2) Funds appropriated under this subsection 

shall remain available until expended. 

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 

2002, 116 Stat. 2906.) 

REFERENCES IN TEXT

Section 204 of the E-Government Act of 2002, referred 

to in subsec. (d), is section 204 of Pub. L. 107–347, which 

is set out in a note under section 3501 of this title. 

CHANGE OF NAME

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

Committee on Government Reform of House of Representatives changed to Committee on Oversight and 

Government Reform of House of Representatives by 

House Resolution No. 6, One Hundred Tenth Congress, 

Jan. 5, 2007. 

§ 3605. Program to encourage innovative solutions to enhance electronic Government 

services and processes 

(a) ESTABLISHMENT OF PROGRAM.—The Administrator shall establish and promote a Governmentwide program to encourage contractor innovation and excellence in facilitating the development and enhancement of electronic Government services and processes. 

(b) ISSUANCE OF ANNOUNCEMENTS SEEKING INNOVATIVE SOLUTIONS.—Under the program, the 

Administrator, in consultation with the Council 

and the Administrator for Federal Procurement 

Policy, shall issue announcements seeking 

unique and innovative solutions to facilitate the 

development and enhancement of electronic 

Government services and processes. 

(c) MULTIAGENCY TECHNICAL ASSISTANCE

TEAM.—(1) The Administrator, in consultation 

with the Council and the Administrator for Federal Procurement Policy, shall convene a multiagency technical assistance team to assist in 

screening proposals submitted to the Administrator to provide unique and innovative solutions to facilitate the development and enhancement of electronic Government services and 

processes. The team shall be composed of employees of the agencies represented on the Council who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals. 

(2) The technical assistance team shall— 

(A) assess the feasibility, scientific and technical merits, and estimated cost of each proposal; and 

(B) submit each proposal, and the assessment of the proposal, to the Administrator. 

(3) The technical assistance team shall not 

consider or evaluate proposals submitted in response to a solicitation for offers for a pending 

procurement or for a specific agency requirement. 

(4) After receiving proposals and assessments 

from the technical assistance team, the Administrator shall consider recommending appropriate proposals for funding under the E-Government Fund established under section 3604 or, if 

appropriate, forward the proposal and the assessment of it to the executive agency whose 

mission most coincides with the subject matter 

of the proposal. 

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 

2002, 116 Stat. 2909.) 

§ 3606. E-Government report 

(a) Not later than March 1 of each year, the 

Director shall submit an E-Government status 

report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. 

§ 3701 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 154 

(b) The report under subsection (a) shall contain— 

(1) a summary of the information reported 

by agencies under section 202(f) of the E-Government Act of 2002; 

(2) the information required to be reported 

by section 3604(f); and 

(3) a description of compliance by the Federal Government with other goals and provisions of the E-Government Act of 2002. 

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 

2002, 116 Stat. 2909.) 

REFERENCES IN TEXT

The E-Government Act of 2002, referred to in subsec. 

(b)(3), is Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2899. 

Section 202(f) of the Act is set out in a note under section 3501 of this title. For complete classification of 

this Act to the Code, see Tables. 

CHANGE OF NAME

Committee on Governmental Affairs of Senate 

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by 

Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 

Committee on Government Reform of House of Representatives changed to Committee on Oversight and 

Government Reform of House of Representatives by 

House Resolution No. 6, One Hundred Tenth Congress, 

Jan. 5, 2007. 

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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §321 (R.S. §79; June 20, 

1874, ch. 328, 18 Stat. 90; Feb. 18, 1875, ch. 80, §1, 18 Stat. 

317; July 31, 1876, ch. 246, 19 Stat. 105; Aug. 2, 1946, ch. 

744, §17(b), 60 Stat. 811; 1950 Reorg. Plan No. 20, §2(b), 

eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §324 (R.S. §3828). 

§ 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. 

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305.) 

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., §§322, 325 (R.S. §853; 

June 20, 1878, ch. 359, §1, 20 Stat. 216; Sept. 23, 1950, ch. 

1010, §5, 64 Stat. 986). 

The second sentence of former section 325 was added. 

The balance was superseded by former section 322 

which will be found in section 3703 of the revision. 

CHAPTER 39—GOVERNMENT PRINTING 

OFFICE: OFFICE OF INSPECTOR GENERAL 

Sec. 

3901. Purpose and establishment of the Office of Inspector General. 

3902. Appointment of Inspector General; supervision; removal. 

3903. Duties, responsibilities, authority, and reports. 

§ 3901. Purpose and establishment of the Office 

of Inspector General 

In order to create an independent and objective office— 

(1) to conduct and supervise audits and investigations relating to the Government 

Printing Office; 

(2) to provide leadership and coordination 

and recommend policies to promote economy, 

efficiency, and effectiveness; and 

(3) to provide a means of keeping the Public 

Printer and the Congress fully and currently 

informed about problems and deficiencies relating to the administration and operations of 

the Government Printing Office; 

there is hereby established an Office of Inspector 

General in the Government Printing Office. 

(Added Pub. L. 100–504, title II, §202, Oct. 18, 1988, 

102 Stat. 2530.) 

EFFECTIVE DATE

Section 206 of title II of Pub. L. 100–504 provided that: 

‘‘The provisions of this title and the amendments made 

by this title [enacting this chapter and provisions set 

out as notes under sections 101 and 3901 of this title] 

shall take effect 180 days after the date of the enactment of this title [Oct. 18, 1988].’’ 

SHORT TITLE

For short title of title II of Pub. L. 100–504, which enacted this chapter, as the ‘‘Government Printing Office 

Inspector General Act of 1988’’, see section 201 of Pub. 

L. 100–504, set out as a Short Title of 1988 Amendment 

note under section 101 of this title. 

TRANSFER OF OFFICE

Section 203 of title II of Pub. L. 100–504 provided that: 

Page 155 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 4101 

‘‘(a) IN GENERAL.—There is transferred to the Office 

of Inspector General established pursuant to this title 

[enacting this chapter and provisions set out as notes 

under sections 101 and 3901 of this title], the office of 

the Government Printing Office referred to as the ‘Office of Inspector General’. 

‘‘(b) RELATED PROVISIONS.—With respect to such 

transferred office— 

‘‘(1) sections 9(b) and (c) of the Inspector General 

Act of 1978 [section 9(b), (c) of Pub. L. 95–452, 5 U.S.C. 

App.] shall apply; and 

‘‘(2) all the functions, powers, and duties of the office transferred by subsection (a) shall lapse. 

‘‘(c) PERSONNEL.—Any person who, on the effective 

date of this title [see Effective Date note above], held 

a position compensated in accordance with the applicable laws and regulations that govern selections, appointments, and employment within the Government 

Printing Office, and who, without a break in service, is 

appointed in the Office of Inspector General established 

by this title to a position having duties comparable to 

those performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous 

position, for the duration of service in the new position.’’ 

PAYMENT AUTHORITY SUBJECT TO APPROPRIATIONS

Section 205 of title II of Pub. L. 100–504 provided that: 

‘‘Any authority to make payments under this title [enacting this chapter and provisions set out as notes 

under sections 101 and 3901 of this title] shall be effective only to such extent as provided in appropriations 

Acts.’’ 

§ 3902. Appointment of Inspector General; supervision; removal 

(a) There shall be at the head of the Office of 

Inspector General, an Inspector General who 

shall be appointed by the Public Printer without 

regard to political affiliation and solely on the 

basis of integrity and demonstrated ability in 

accounting, auditing, financial analysis, law, 

management analysis, public administration, or 

investigations. The Inspector General shall report to, and be under the general supervision of, 

the Public Printer. The Public Printer shall 

have no authority to prevent or prohibit the Inspector General from initiating, carrying out, or 

completing any audit or investigation, or from 

issuing any subpena during the course of any 

audit or investigation. 

(b) The Inspector General may be removed 

from office by the Public Printer. The Public 

Printer shall, promptly upon such removal, 

communicate in writing the reasons for any 

such removal to each House of the Congress. 

(Added Pub. L. 100–504, title II, §202, Oct. 18, 1988, 

102 Stat. 2530.) 

§ 3903. Duties, responsibilities, authority, and reports 

(a) Sections 4, 5, 6 (other than subsection (a)(7) 

and (8) thereof), and 7 of the Inspector General 

Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3) 

shall apply to the Inspector General of the Government Printing Office and the Office of such 

Inspector General and such sections shall be applied to the Government Printing Office and the 

Public Printer by substituting— 

(1) ‘‘Government Printing Office’’ for ‘‘establishment’’; and 

(2) ‘‘Public Printer’’ for ‘‘head of the establishment’’. 

(b) The Inspector General, in carrying out the 

provisions of this chapter, is authorized to select, appoint, and employ such officers and employees as may be necessary for carrying out the 

functions, powers, and duties of the Office of Inspector General subject to the provisions of this 

title governing selections, appointments, and 

employment in the Government Printing Office 

(and any regulations thereunder). 

(Added Pub. L. 100–504, title II, §202, Oct. 18, 1988, 

102 Stat. 2531.) 

REFERENCES IN TEXT

Sections 4, 5, 6, and 7 of the Inspector General Act of 

1978, referred to in subsec. (a), are sections 4, 5, 6, and 

7 of Pub. L. 95–452, which is set out in the Appendix to 

Title 5, Government Organization and Employees. 

CHAPTER 41—ACCESS TO FEDERAL 

ELECTRONIC INFORMATION 

Sec. 

4101. Electronic directory; online access to publications; electronic storage facility. 

4102. Fees. 

4103. Biennial report. 

4104. Definition. 

§ 4101. Electronic directory; online access to publications; electronic storage facility 

(a) IN GENERAL.—The Superintendent of Documents, under the direction of the Public Printer, 

shall— 

(1) maintain an electronic directory of Federal electronic information; 

(2) provide a system of online access to the 

Congressional Record, the Federal Register, 

and, as determined by the Superintendent of 

Documents, other appropriate publications 

distributed by the Superintendent of Documents; and 

(3) operate an electronic storage facility for 

Federal electronic information to which online access is made available under paragraph 

(2). 

(b) DEPARTMENTAL REQUESTS.—To the extent 

practicable, the Superintendent of Documents 

shall accommodate any request by the head of a 

department or agency to include in the system 

of access referred to in subsection (a)(2) information that is under the control of the department 

or agency involved. 

(c) CONSULTATION.—In carrying out this section, the Superintendent of Documents shall 

consult— 

(1) users of the directory and the system of 

access provided for under subsection (a); and 

(2) other providers of similar information 

services. 

The purpose of such consultation shall be to assess the quality and value of the directory and 

the system, in light of user needs. 

(Added Pub. L. 103–40, §2(a), June 8, 1993, 107 

Stat. 112.) 

STATUS REPORT

Section 3 of Pub. L. 103–40 provided that: ‘‘Not later 

than June 30, 1994, the Public Printer shall submit to 

the Congress a report on the status of the directory, 

the system of access, and the electronic storage facility 

referred to in section 4101 of title 44, United States 

Code, as added by section 2(a).’’ 

§ 4102 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 156 

OPERATIONAL DEADLINE

Section 4(a) of Pub. L. 103–40 provided that: ‘‘The directory, the system of access, and the electronic storage facility referred to in section 4101 of title 44, United 

States Code, as added by section 2(a), shall be operational not later than one year after the date of the enactment of this Act [June 8, 1993].’’ 

§ 4102. Fees 

(a) IN GENERAL.—The Superintendent of Documents, under the direction of the Public Printer, 

may charge reasonable fees for use of the directory and the system of access provided for under 

section 4101, except that use of the directory and 

the system shall be made available to depository 

libraries without charge. The fees received shall 

be treated in the same manner as moneys received from sale of documents under section 1702 

of this title. 

(b) COST RECOVERY.—The fees charged under 

this section shall be set so as to recover the incremental cost of dissemination of the information involved, with the cost to be computed 

without regard to section 1708 of this title. 

(Added Pub. L. 103–40, §2(a), June 8, 1993, 107 

Stat. 113.) 

§ 4103. Biennial report 

Not later than December 31 of each odd-numbered year, the Public Printer shall submit to 

the Congress, with respect to the two preceding 

fiscal years, a report on the directory, the system of access, and the electronic storage facility 

referred to in section 4101(a). The report shall 

include a description of the functions involved, 

including a statement of cost savings in comparison with traditional forms of information 

distribution. 

(Added Pub. L. 103–40, §2(a), June 8, 1993, 107 

Stat. 113.) 

FIRST BIENNIAL REPORT

Section 4(b) of Pub. L. 103–40 provided that: ‘‘The first 

report referred to in section 4103 of title 44, United 

States Code, as added by section 2(a), shall be submitted not later than December 31, 1995.’’ 

§ 4104. Definition 

As used in this chapter, the term ‘‘Federal 

electronic information’’ means Federal public 

information stored electronically. 

(Added Pub. L. 103–40, §2(a), June 8, 1993, 107 

Stat. 113.) 

Page 157 TITLE 1—GENERAL PROVISIONS § 106 

1So in original. Does not conform to section catchline. 

TITLE 1—GENERAL PROVISIONS 

CHAPTER 2—ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; 

SEALING OF INSTRUMENTS 

Sec. 

101. Enacting clause. 

102. Resolving clause. 

103. Enacting or resolving words after first section. 

104. Numbering of sections; single proposition. 

105. Title of appropriation Acts. 

106. Printing bills and joint resolutions. 

106a. Promulgation of laws. 

106b. Amendments to Constitution. 

107. Parchment or paper for printing enrolled bills 

or resolutions. 

108. Repeal of repealing act. 

109. Repeal of statutes as affecting existing liabilities. 

110. Saving clause of Revised Statutes. 

111. Repeals as evidence of prior effectiveness. 

112. Statutes at Large; contents; admissibility in 

evidence. 

112a. United States Treaties and Other International Agreements; contents; admissibility in evidence. 

112b. United States international agreements; 

transmission to Congress. 

113. ‘‘Little and Brown’s’’ edition of laws and 

treaties; slip laws; Treaties and Other International Act 1 Series; admissibility in evidence. 

114. Sealing of instruments. 

AMENDMENTS

1972—Pub. L. 92–403, §2, Aug. 22, 1972, 86 Stat. 619, 

added item 112b. 

1966—Pub. L. 89–497, §2, July 8, 1966, 80 Stat. 271, inserted ‘‘slip laws; Treaties and Other International 

Acts Series;’’ in item 113. 

1951—Act Oct. 31, 1951, ch. 655, §2(a), 65 Stat. 710, 

added items 106a and 106b. 

1950—Act Sept. 23, 1950, ch. 1001, §3, 64 Stat. 980, added 

item 112a. 

§ 101. Enacting clause 

The enacting clause of all Acts of Congress 

shall be in the following form: ‘‘Be it enacted by 

the Senate and House of Representatives of the 

United States of America in Congress assembled.’’ 

(July 30, 1947, ch. 388, 61 Stat. 634.) 

§ 102. Resolving clause 

The resolving clause of all joint resolutions 

shall be in the following form: ‘‘Resolved by the 

Senate and House of Representatives of the 

United States of America in Congress assembled.’’ 

(July 30, 1947, ch. 388, 61 Stat. 634.) 

§ 103. Enacting or resolving words after first section 

No enacting or resolving words shall be used in 

any section of an Act or resolution of Congress 

except in the first. 

(July 30, 1947, ch. 388, 61 Stat. 634.) 

§ 104. Numbering of sections; single proposition 

Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of 

enactment. 

(July 30, 1947, ch. 388, 61 Stat. 634.) 

§ 105. Title of appropriation Acts 

The style and title of all Acts making appropriations for the support of Government shall be 

as follows: ‘‘An Act making appropriations (here 

insert the object) for the year ending September 

30 (here insert the calendar year).’’ 

(July 30, 1947, ch. 388, 61 Stat. 634; Pub. L. 93–344, 

title V, §506(a), July 12, 1974, 88 Stat. 322.) 

AMENDMENTS

1974—Pub. L. 93–344 substituted ‘‘September 30’’ for 

‘‘June 30’’. 

EFFECTIVE DATE OF 1974 AMENDMENT

Section 506(b) of Pub. L. 93–344, which provided that 

the amendment of this section by Pub. L. 93–344 was effective with respect to Acts making appropriations for 

the support of the Government for any fiscal year commencing on or after Oct. 1, 1976, was omitted in the 

complete revision of title V of Pub. L. 93–344 by Pub. L. 

101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 

1388–609. 

§ 106. Printing bills and joint resolutions 

Every bill or joint resolution in each House of 

Congress shall, when such bill or resolution 

passes either House, be printed, and such printed 

copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or 

resolution shall be signed by the Clerk of the 

House or the Secretary of the Senate, and shall 

be sent to the other House, and in that form 

shall be dealt with by that House and its officers, and, if passed, returned signed by said 

Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall 

be printed and shall then be called the enrolled 

bill, or joint resolution, as the case may be, and 

shall be signed by the presiding officers of both 

Houses and sent to the President of the United 

States. During the last six days of a session such 

engrossing and enrolling of bills and joint resolutions may be done otherwise than as above 

prescribed, upon the order of Congress by concurrent resolution. 

(July 30, 1947, ch. 388, 61 Stat. 634.) 

REFERENCE TO OBRA; EFFECTIVE DATE; RATIFICATION

OF ENROLLMENT CORRECTIONS AND PRINTED ENROLLMENT

Pub. L. 100–360, title IV, §411(a), July 1, 1988, 102 Stat. 

768, provided that: 

‘‘(1) REFERENCE.—In this section, the term ‘OBRA’ refers to the Omnibus Budget Reconciliation Act of 1987 

(Public Law 100–203) [Pub. L. 100–203, Dec. 22, 1987, 101 

Stat. 1330, see Tables for classification]. 

‘‘(2) EFFECTIVE DATE.—Except as specifically provided 

in this section, the amendments made by this section 

[amending sections 254o, 294f, 300aa–12, 300aa–15, 

300aa–21, 426, 704, 912, 1320a–7, 1320a–7a, 1320a–7b, 1320b–5, 

1320b–7, 1320b–8, 1320c–3, 1320c–5, 1320c–9, 1395e, 1395h, 

1395i–2, 1395i–3, 1395k, 1395l, 1395m, 1395u, 1395w–1, 

1395w–2, 1395x, 1395y, 1395aa, 1395bb, 1395cc, 1395dd, 

1395gg, 1395mm, 1395ss, 1395tt, 1395ww, 1395aaa, 1395bbb, 

1395ccc, 1396a, 1396b, 1396d, 1396j, 1396n, 1396o, 1396p, 

1396r, 1396r–1, 1396r–3, 1396r–4, 1396s, and 1397d of Title 

42, The Public Health and Welfare, amending provisions 

set out as notes under sections 426, 1320a–7a, 1320c–2, 

1320c–3, 1395b–1, 1395h, 1395i–3, 1395l, 1395m, 1395n, 1395u, 

§ 106 TITLE 1—GENERAL PROVISIONS Page 158 

1395w–1, 1395x, 1395aa, 1395dd, 1395mm, 1395ss, 1395ww, 

1395bbb, 1396a, 1396b, and 1396r of Title 42, and repealing 

provisions set out as notes under section 1395l of Title 

42], as they relate to a provision in OBRA, shall be effective as if they were included in the enactment of 

that provision in OBRA. 

‘‘(3) RATIFICATION OF ENROLLMENT CORRECTIONS AND

PRINTED ENROLLMENT.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the enrollment corrections noted in footnotes numbered 9 through 72 of OBRA are hereby 

ratified and shall be considered to have been enacted 

as part of OBRA. The printed enrollment of title IV 

of OBRA [Pub. L. 100–203, title IV, Dec. 22, 1987, 101 

Stat. 1330–39], as prepared and printed under section 

8004 of OBRA [section 8004 of Pub. L. 100–203, set out 

below] (including the footnote corrections described 

in subparagraph (B) and as incorporating the clarifications described in subparagraph (C)), shall be 

deemed to constitute title IV of OBRA as enacted. 

‘‘(B) FOOTNOTE CORRECTIONS.—(i) With respect to 

the reference to which footnote 28 relates (101 Stat. 

1330–81), the reference shall be deemed to have read 

‘1320a–7b)’. 

‘‘(ii) With respect to the word to which footnote 30 

relates (101 Stat. 1330–91), the word shall be deemed to 

have read ‘the’. 

‘‘(iii) With respect to the designation to which footnote 52 relates (101 Stat. 1330–151), the designation 

shall be deemed to have read ‘(F)’. 

‘‘(C) CLARIFICATIONS OF ILLEGIBLE MATTER.—(i) Section 1842(n)(1)(A) of the Social Security Act, as added 

by section 4051(a) of OBRA (101 Stat. 1330–93) [42 

U.S.C. 1395m(n)(1)(A)], is deemed to have the phrase 

‘the supplier’s reasonable charge to individuals enrolled under this part for the test’ immediately after 

‘or, if lower, the’. 

‘‘(ii) Section 1834(a)(7)(B)(i) of the Social Security 

Act, as inserted by section 4062(b) of OBRA (101 Stat. 

1330–103) [42 U.S.C. 1395m(a)(7)(B)(i)], is deemed to 

have a reference to ‘1987’ immediately after ‘December’.’’ 

PRINTED ENROLLMENTS PREPARED AFTER ENACTMENT

Pub. L. 106–93, Nov. 10, 1999, 113 Stat. 1310, provided: 

‘‘That the provisions of sections 106 and 107 of title 1, 

United States Code, are waived for the remainder of the 

first session of the One Hundred Sixth Congress with 

respect to the printing (on parchment or otherwise) of 

the enrollment of any bill or joint resolution making 

general appropriations or continuing appropriations for 

the fiscal year ending September 30, 2000. The enrollment of any such bill or joint resolution shall be in 

such form as the Committee on House Administration 

of the House of Representatives certifies to be a true 

enrollment.’’ 

Pub. L. 105–253, Oct. 12, 1998, 112 Stat. 1887, provided: 

‘‘That the provisions of sections 106 and 107 of title 1, 

United States Code, are waived for the remainder of the 

One Hundred Fifth Congress with respect to the printing (on parchment or otherwise) of the enrollment of 

any bill or joint resolution making general appropriations or continuing appropriations for the fiscal year 

ending September 30, 1999. The enrollment of any such 

bill or joint resolution shall be in such form as the 

Committee on House Oversight of the House of Representatives certifies to be a true enrollment.’’ 

Pub. L. 105–120, Nov. 26, 1997, 111 Stat. 2527, provided: 

‘‘That the provisions of sections 106 and 107 of title 1, 

United States Code, are waived for the balance of the 

first session of the One Hundred Fifth Congress with respect to the printing (on parchment or otherwise) of 

the enrollment of any bill or joint resolution making 

general appropriations for the fiscal year ending on 

September 30, 1998, or continuing appropriations for the 

fiscal year ending on September 30, 1998. The enrollment of any such bill or joint resolution shall be in 

such form as the Committee on House Oversight of the 

House of Representatives certifies to be a true enrollment.’’ 

Pub. L. 105–32, Aug. 1, 1997, 111 Stat. 250, provided: 

‘‘That the provisions of sections 106 and 107 of title 1, 

United States Code, are waived with respect to the 

printing (on parchment or otherwise) of the enrollment 

of H.R. 2014 [Pub. L. 105–34, Aug. 5, 1997, 111 Stat. 788] 

and of H.R. 2015 [Pub. L. 105–33, Aug. 5, 1997, 111 Stat. 

251] of the One Hundred Fifth Congress. The enrollment 

of each of those bills shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment.’’ 

Pub. L. 104–207, Sept. 30, 1996, 110 Stat. 3008, provided 

that: 

‘‘SECTION 1. WAIVER OF REQUIREMENT FOR 

PARCHMENT PRINTING. 

‘‘(a) WAIVER.—The provisions of sections 106 and 107 

of title 1, United States Code, are waived with respect 

to the printing (on parchment or otherwise) of the enrollment of any appropriation measure of the One Hundred Fourth Congress presented to the President after 

the enactment of this joint resolution [Sept. 30, 1996]. 

‘‘(b) CERTIFICATION OF ENROLLMENT BY COMMITTEE ON

HOUSE OVERSIGHT.—The enrollment of any such measure shall be in such form as the Committee on House 

Oversight of the House of Representatives certifies to 

be a true enrollment. 

‘‘SEC. 2. APPROPRIATION MEASURE DEFINED. 

‘‘For purposes of this joint resolution, the term ‘appropriation measure’ means a bill or joint resolution 

that includes provisions making general or continuing 

appropriations for the fiscal year ending September 30, 

1997.’’ 

Pub. L. 104–129, Apr. 9, 1996, 110 Stat. 1199, provided: 

‘‘That the provisions of sections 106 and 107 of title 1, 

United States Code, are waived with respect to the 

printing (on parchment or otherwise) of the enrollment 

of H.R. 3019 [Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321] 

and the enrollment of H.R. 3136 [Pub. L. 104–121, Mar. 

29, 1996, 110 Stat. 847], each of the One Hundred Fourth 

Congress. The enrollment of either such bill shall be in 

such form as the Committee on House Oversight of the 

House of Representatives certifies to be a true enrollment.’’ 

Pub. L. 104–56, title II, §§201, 202, Nov. 20, 1995, 109 

Stat. 553, provided that: 

‘‘SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING. 

‘‘(a) WAIVER.—The provisions of sections 106 and 107 

of title 1, United States Code, are waived with respect 

to the printing (on parchment or otherwise) of the enrollment of any of the following measures of the first 

session of the One Hundred Fourth Congress presented 

to the President after the enactment of this joint resolution [Nov. 20, 1995]: 

‘‘(1) A continuing resolution. 

‘‘(2) A debt limit extension measure. 

‘‘(3) A reconciliation bill. 

‘‘(b) CERTIFICATION BY COMMITTEE ON HOUSE OVERSIGHT.—The enrollment of a measure to which subsection (a) applies shall be in such form as the Committee on House Oversight of the House of Representatives certifies to be a true enrollment. 

‘‘SEC. 202. DEFINITIONS. 

‘‘As used in this joint resolution: 

‘‘(1) CONTINUING RESOLUTION.—The term ‘continuing 

resolution’ means a bill or joint resolution that includes provisions making further continuing appropriations for fiscal year 1996. 

‘‘(2) DEBT LIMIT EXTENSION MEASURE.—The term 

‘debt limit extension measure’ means a bill or joint 

resolution that includes provisions increasing or 

waiving (for a temporary period or otherwise) the 

public debt limit under section 3101(b) of title 31, 

United States Code. 

‘‘(3) RECONCILIATION BILL.—The term ‘reconciliation 

bill’ means a bill that is a reconciliation bill within 

the meaning of section 310 of the Congressional Budget Act of 1974 [2 U.S.C. 641].’’ 

Page 159 TITLE 1—GENERAL PROVISIONS § 106 

Identical provisions were contained in Pub. L. 104–54, 

title II, §§201, 202, Nov. 19, 1995, 109 Stat. 545. 

Pub. L. 102–387, Oct. 6, 1992, 106 Stat. 1519, provided: 

‘‘That the provisions of sections 106 and 107 of title 1, 

United States Code, are waived with respect to the 

printing (on parchment or otherwise) of the enrollment 

of any appropriation bill of the One Hundred Second 

Congress hereafter to be presented to the President. 

Such an enrollment shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment. As used 

in this resolution, the term ‘appropriation bill’ means 

a bill or joint resolution making or continuing appropriations for the fiscal year ending September 30, 1993.’’ 

Pub. L. 102–260, Mar. 20, 1992, 106 Stat. 85, provided 

that: 

‘‘SECTION 1. WAIVER OF REQUIREMENT FOR 

PARCHMENT PRINTING. 

‘‘The provisions of sections 106 and 107 of title 1, 

United States Code, are waived with respect to the 

printing (on parchment or otherwise) of the enrollment 

of H.R. 4210 of the 102d Congress [H.R. 4210 was vetoed 

by the President on Mar. 20, 1992]. 

‘‘SEC. 2. CERTIFICATION BY COMMITTEE ON HOUSE 

ADMINISTRATION. 

‘‘The enrollment of H.R. 4210 of the 102d Congress 

shall be in such form as the Committee on House Administration of the House of Representatives certifies 

to be a true enrollment.’’ 

Pub. L. 101–497, Oct. 31, 1990, 104 Stat. 1205, provided 

that: 

‘‘SECTION 1. WAIVER OF REQUIREMENT FOR 

PARCHMENT PRINTING OF ENROLLMENT OF 

CERTAIN MEASURES. 

‘‘(a) WAIVER.—The provisions of sections 106 and 107 

of title 1, United States Code, are waived with respect 

to the printing (on parchment or otherwise) of the enrollment of S. 2830 [Pub. L. 101–624, Nov. 28, 1990, 104 

Stat. 3359]. 

‘‘(b) CERTIFICATION OF ENROLLMENT BY THE SECRETARY

OF THE SENATE.—The enrollment of S. 2830 shall be in 

such form as the Secretary of the Senate certifies to be 

a true enrollment. 

‘‘SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENT. 

‘‘(a) PREPARATION.— 

‘‘(1) IN GENERAL.—If S. 2830 is presented to the 

President in the form of a hand enrollment pursuant 

to the authority of section 1, then upon the enactment of that bill the Secretary of the Senate shall 

prepare a printed enrollment of the bill as in the case 

of a bill to which sections 106 and 107 of title 1, United 

States Code, apply. 

‘‘(2) TYPOGRAPHICAL CORRECTIONS.—A printed enrollment prepared pursuant to paragraph (1) may, in 

order to conform to customary style for printed laws, 

include corrections in indentation, type face, and 

type size and may include notations (in the margins 

or as otherwise appropriate) of obvious errors in 

spelling or punctuation in the hand enrollment. 

‘‘(b) TRANSMITTAL TO PRESIDENT.—A printed enrollment prepared pursuant to subsection (a), after being 

certified by the Secretary of the Senate to be a correct 

printing of the hand enrollment, shall be signed by the 

presiding officer of each House of Congress and transmitted to the President. 

‘‘(c) CERTIFICATION BY PRESIDENT; PRESERVATION IN

ARCHIVES.—Upon certification by the President that a 

printed enrollment transmitted pursuant to subsection 

(b) is a correct printing of the hand enrollment, such 

printed enrollment shall be transmitted to the Archivist of the United States, who shall preserve it with the 

hand enrollment. 

‘‘(d) PUBLICATION OF LAW.—In preparing the bill or 

joint resolution for publication in slip form and in the 

United States Statutes at Large pursuant to section 112 

of title 1, United States Code, the Archivist of the 

United States shall use the printed enrollment certified 

by the President under subsection (c) in lieu of the 

hand enrollment. 

‘‘SEC. 3. DEFINITIONS. 

‘‘As used in this resolution: 

‘‘(1) [sic] HAND ENROLLMENT.—The term ‘hand enrollment’ means the enrollment, as authorized by 

section 1, of a bill or joint resolution for presentment 

to the President in a form other than the printed 

form required by sections 106 and 107 of title 1, United 

States Code.’’ 

Pub. L. 101–466, Oct. 27, 1990, 104 Stat. 1084, provided 

that: 

‘‘SECTION 1. WAIVER OF REQUIREMENT FOR 

PARCHMENT PRINTING OF ENROLLMENT OF 

CERTAIN MEASURES. 

‘‘(a) WAIVER.—The provisions of sections 106 and 107 

of title 1, United States Code, are waived with respect 

to the printing (on parchment or otherwise) of the enrollment of any reconciliation bill, appropriation bill, 

or continuing resolution of the One Hundred First Congress presented to the President after the enactment of 

this joint resolution [Oct. 27, 1990]. 

‘‘(b) CERTIFICATION OF ENROLLMENT BY COMMITTEE ON

HOUSE ADMINISTRATION.—The enrollment of any such 

bill or joint resolution shall be in such form as the 

Committee on House Administration of the House of 

Representatives certifies to be a true enrollment. 

‘‘SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENT. 

‘‘(a) PREPARATION.— 

‘‘(1) IN GENERAL.—If a reconciliation bill, appropriation bill, or continuing resolution is presented to the 

President in the form of a hand enrollment pursuant 

to the authority of section 1, then upon the enactment of that bill or joint resolution the Clerk of the 

House of Representatives shall prepare a printed enrollment of the bill or joint resolution as in the case 

of a bill or joint resolution to which sections 106 and 

107 of title 1, United States Code, apply. 

‘‘(2) TYPOGRAPHICAL CORRECTIONS.—A printed enrollment prepared pursuant to paragraph (1) may, in 

order to conform to customary style for printed laws, 

include corrections in indentation, type face, and 

type size and may include notations (in the margins 

or as otherwise appropriate) of obvious errors in 

spelling or punctuation in the hand enrollment. 

‘‘(b) TRANSMITTAL TO PRESIDENT.—A printed enrollment prepared pursuant to subsection (a), after being 

certified by the Committee on House Administration of 

the House of Representatives to be a correct printing of 

the hand enrollment, shall be signed by the presiding 

officer of each House of Congress and transmitted to 

the President. 

‘‘(c) CERTIFICATION BY PRESIDENT; PRESERVATION IN

ARCHIVES.—Upon certification by the President that a 

printed enrollment transmitted pursuant to subsection 

(b) is a correct printing of the hand enrollment, such 

printed enrollment shall be transmitted to the Archivist of the United States, who shall preserve it with the 

hand enrollment. 

‘‘(d) PUBLICATION OF LAW.—In preparing the bill or 

joint resolution for publication in slip form and in the 

United States Statutes at Large pursuant to section 112 

of title 1, United States Code, the Archivist of the 

United States shall use the printed enrollment certified 

by the President under subsection (c) in lieu of the 

hand enrollment. 

‘‘SEC. 3. DEFINITIONS. 

‘‘As used in this resolution: 

‘‘(1) RECONCILIATION BILL.—The term ‘reconciliation 

bill’ means a bill to provide for reconciliation pursuant to section 4 of the concurrent resolution on the 

budget for fiscal year 1991. 

‘‘(2) APPROPRIATION BILL.—The term ‘appropriation 

bill’ means a general appropriation bill making apVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00167 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 106 TITLE 1—GENERAL PROVISIONS Page 160 

propriations for the fiscal year ending September 30, 

1991. 

‘‘(3) CONTINUING RESOLUTION.—The term ‘continuing 

resolution’ means a joint resolution making continuing appropriations for the fiscal year 1991. 

‘‘(4) HAND ENROLLMENT.—The term ‘hand enrollment’ means the enrollment, as authorized by section 

1, of a bill or joint resolution for presentment to the 

President in a form other than the printed form required by sections 106 and 107 of title 1, United States 

Code.’’ 

Pub. L. 100–454, Sept. 29, 1988, 102 Stat. 1914, provided 

that: 

‘‘SECTION 1. HAND ENROLLMENT AUTHORIZED 

FOR GENERAL APPROPRIATIONS BILLS. 

‘‘(a) WAIVER OF CERTAIN LAWS WITH RESPECT TO

PRINTING OF ENROLLED BILLS.—During the remainder of 

the second session of the One Hundredth Congress, the 

provisions of sections 106 and 107 of title 1, United 

States Code, are waived with respect to the printing 

(on parchment or otherwise) of the enrollment of any 

general appropriations bill making appropriations for 

the fiscal year ending September 30, 1989. 

‘‘(b) CERTIFICATION BY COMMITTEE ON HOUSE ADMINISTRATION.—The enrollment of any such bill shall be in 

such form as the Committee on House Administration 

of the House of Representatives certifies to be a true 

enrollment. 

‘‘SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENTS. 

‘‘(a) PREPARATION.— 

‘‘(1) IN GENERAL.—Upon the enactment of a bill following presentment of such bill to the President in 

the form of a hand enrollment pursuant to the authority of section 1 of this resolution, the Clerk of 

the House of Representatives shall prepare a printed 

enrollment of that bill as in the case of a bill to 

which sections 106 and 107 of title 1, United States 

Code, apply. 

‘‘(2) LIMITED STYLISTIC CORRECTIONS.—A printed enrollment prepared pursuant to paragraph (1) may, in 

order to conform to customary style for printed laws, 

include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a 

printed enrollment shall include notations (in the 

margins or as otherwise appropriate) of all such corrections. 

‘‘(b) TRANSMITTAL TO PRESIDENT.—A printed enrollment prepared pursuant to subsection (a) shall be 

signed by the presiding officer of each House of Congress as a correct printing of the hand enrollment and 

shall be transmitted to the President. 

‘‘(c) CERTIFICATION BY PRESIDENT; LEGAL EFFECT.— 

Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a 

correct printing of the hand enrollment, such printed 

enrollment shall be considered for all purposes as the 

original enrollment of the bill concerned and as valid 

evidence of the enactment of that bill. 

‘‘(d) ARCHIVES.—A printed enrollment certified by the 

President under subsection (c) shall be transmitted to 

the Archivist of the United States, who shall preserve 

it with the hand enrollment. In preparing the bill concerned for publication in slip form and in the United 

States Statutes at Large pursuant to section 112 of 

title 1, United States Code, the Archivist of the United 

States shall use the printed enrollment certified by the 

President under subsection (c) in lieu of the hand enrollment. 

‘‘(e) HAND ENROLLMENT DEFINED.—As used in this section, the term ‘hand enrollment’ means the enrollment, 

as authorized by section 1, of a bill for presentment to 

the President in a form other than the printed form required by sections 106 and 107 of title 1, United States 

Code.’’ 

Pub. L. 100–203, title VIII, §8004, Dec. 22, 1987, 101 Stat. 

1330–282, provided that: 

‘‘(a) PREPARATION OF PRINTED ENROLLMENT.—(1) Upon 

the enactment of this Act enrolled as a hand enrollment, the Clerk of the House of Representatives shall 

prepare a printed enrollment of this Act as in the case 

of a bill or joint resolution to which sections 106 and 

107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this Act as enrolled in the hand enrollment. 

‘‘(2) A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style 

for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other 

necessary stylistic corrections to the hand enrollment. 

Such a printed enrollment shall include notations (in 

the margins or as otherwise appropriate) of all such 

corrections. 

‘‘(b) TRANSMITTAL TO PRESIDENT.—A printed enrollment prepared pursuant to subsection (a) shall be 

signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of 

this Act and shall be transmitted to the President. 

‘‘(c) CERTIFICATION BY PRESIDENT; LEGAL EFFECT.— 

Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a 

correct printing of the hand enrollment of this Act, 

such printed enrollment shall be considered for all purposes as the original enrollment of this Act and as 

valid evidence of the enactment of this Act. 

‘‘(d) ARCHIVES.—A printed enrollment certified by the 

President under subsection (c) shall be transmitted to 

the Archivist of the United States, who shall preserve 

it with the hand enrollment. In preparing this Act for 

publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United 

States Code, the Archivist of the United States shall 

use the printed enrollment certified by the President 

under subsection (c) in lieu of the hand enrollment. 

‘‘(e) HAND ENROLLMENT DEFINED.—As used in this section, the term ‘hand enrollment’ means enrollment in 

a form other than the printed form required by sections 

106 and 107 of title 1, United States Code, as authorized 

by the joint resolution entitled ‘Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for 

fiscal year 1988’, approved December 1987 (H.J. Res. 426 

of the 100th Congress) [Pub. L. 100–199, Dec. 21, 1987, 101 

Stat. 1326].’’ 

Pub. L. 100–202, §101(n), Dec. 22, 1987, 101 Stat. 

1329–432, provided that: 

‘‘(1) Upon the enactment of this resolution enrolled 

as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this 

resolution as in the case of a bill or joint resolution to 

which sections 106 and 107 of title 1, United States 

Code, apply. Such enrollment shall be a correct enrollment of this resolution as enrolled in the hand enrollment. 

‘‘(2) A printed enrollment prepared pursuant to subsection (n)(1) may, in order to conform to customary 

style for printed laws, include corrections in spelling, 

punctuation, indentation, type face, and type size and 

other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all 

such corrections. 

‘‘(3) A printed enrollment prepared pursuant to subsection (n)(1) shall be signed by the presiding officers of 

both Houses of Congress as a correct printing of the 

hand enrollment of this resolution and shall be transmitted to the President. 

‘‘(4) Upon certification by the President that a printed enrollment transmitted pursuant to subsection (n)(3) 

is a correct printing of the hand enrollment of this resolution, such printed enrollment shall be considered for 

all purposes as the original enrollment of this resolution and as valid evidence of the enactment of this resolution. 

‘‘(5) A printed enrollment certified by the President 

under subsection (n)(4) shall be transmitted to the ArVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00168 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 161 TITLE 1—GENERAL PROVISIONS § 106b 

chivist of the United States, who shall preserve it with 

the hand enrollment. In preparing this resolution for 

publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United 

States Code, the Archivist of the United States shall 

use the printed enrollment certified by the President 

under subsection (n)(4) in lieu of the hand enrollment. 

‘‘(6) As used in this section, the term ‘hand enrollment’ means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, 

United States Code, as authorized by the joint resolution entitled ‘Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the 

full-year continuing resolution for fiscal year 1988’, approved December 1987 (H.J. Res. 426 of the 100th Congress) [Pub. L. 100–199, Dec. 21, 1987, 101 Stat. 1326].’’ 

CERTIFICATION OF PRINTED ENROLLMENTS OF CERTAIN

PUBLIC LAWS

Memorandum of the President of the United States, 

Jan. 10, 1991, 56 F.R. 1481, provided: 

Memorandum for the Archivist of the United States 

By the authority vested in me as President by the 

Constitution and laws of the United States, including 

Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollment of H.R. 5835, the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508), approved on November 5, 1990, is a correct printing of the hand enrollment and if so to make on my behalf the certification 

specified in Section 2(c) of H.J. Res. 682 (Public Law 

101–466) [set out as a note above]. 

Attached is the printed enrollment that was received 

at the White House on January 7, 1991. 

This memorandum shall be published in the Federal 

Register. 

GEORGE BUSH. 

Memorandum of the President of the United States, 

Dec. 12, 1988, 53 F.R. 50373, provided: 

Memorandum for the Archivist of the United States 

By the authority vested in me as President by the 

Constitution and laws of the United States, including 

Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.R. 4637, the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 

1989 (Public Law 100–461), H.R. 4776, the District of Columbia Appropriations Act, 1989 (Public Law 100–462), 

and H.R. 4781, the Department of Defense Appropriations Act, 1989 (Public Law 100–463), are correct 

printings of the hand enrollments, which were approved 

on October 1, 1988, and if so to make on my behalf the 

certifications required by Section 2(c) of H.J. Res. 665 

(Public Law 100–454) [set out as a note above]. 

Attached are the printed enrollments of H.R. 4637, 

H.R. 4776, and H.R. 4781, which were received at the 

White House on December 1, 1988. 

This memorandum shall be published in the Federal 

Register. 

RONALD REAGAN. 

Memorandum of the President of the United States, 

Jan. 28, 1988, 53 F.R. 2816, provided: 

Memorandum for the Archivist of the United States 

By the authority vested in me as President by the 

Constitution and laws of the United States, including 

Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.J. Res. 395, Joint Resolution making 

further continuing appropriations for the fiscal year 

1988 (Public Law 100–202), and H.R. 3545, the Omnibus 

Budget Reconciliation Act of 1987 (Public Law 100–203), 

are correct printings of the hand enrollments, which 

were approved on December 22, 1987, and if so to make 

on my behalf the certifications required by Section 

101(n)(4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545 

[set out as notes above]. 

Attached are the printed enrollments of H.J. Res. 395 

and H.R. 3545, which were received at the White House 

on January 27, 1988. 

This memorandum shall be published in the Federal 

Register. 

RONALD REAGAN. 

§ 106a. Promulgation of laws 

Whenever a bill, order, resolution, or vote of 

the Senate and House of Representatives, having 

been approved by the President, or not having 

been returned by him with his objections, becomes a law or takes effect, it shall forthwith be 

received by the Archivist of the United States 

from the President; and whenever a bill, order, 

resolution, or vote is returned by the President 

with his objections, and, on being reconsidered, 

is agreed to be passed, and is approved by twothirds of both Houses of Congress, and thereby 

becomes a law or takes effect, it shall be received by the Archivist of the United States 

from the President of the Senate, or Speaker of 

the House of Representatives in whichsoever 

House it shall last have been so approved, and he 

shall carefully preserve the originals. 

(Added Oct. 31, 1951, ch. 655, §2(b), 65 Stat. 710; 

amended Pub. L. 98–497, title I, §107(d), Oct. 19, 

1984, 98 Stat. 2291.) 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’ in two places. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of Title 44, Public Printing and Documents. 

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL

Similar provisions were contained in R.S. §204; act 

Dec. 28, 1874, ch. 9, §2, 18 Stat. 294; 1950 Reorg. Plan No. 

20, §1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which 

with the exception of the reorganization plan, were repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of 

that section 56 provided that the repeal should not affect any rights or liabilities existing under those statutes on the effective date of the repeal (Oct. 31, 1951). 

For delegation of functions under the repealed statutes, 

and transfer of records, property, personnel, and funds, 

see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out 

in the Appendix to Title 5, Government Organization 

and Employees. 

§ 106b. Amendments to Constitution 

Whenever official notice is received at the National Archives and Records Administration 

that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, 

the Archivist of the United States shall forthwith cause the amendment to be published, with 

his certificate, specifying the States by which 

the same may have been adopted, and that the 

same has become valid, to all intents and purposes, as a part of the Constitution of the United 

States. 

(Added Oct. 31, 1951, ch. 655, §2(b), 65 Stat. 710; 

amended Pub. L. 98–497, title I, §107(d), Oct. 19, 

1984, 98 Stat. 2291.) 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘National Archives 

and Records Administration’’ and ‘‘Archivist of the 

§ 107 TITLE 1—GENERAL PROVISIONS Page 162 

United States’’ for ‘‘General Services Administration’’ 

and ‘‘Administrator of General Services’’, respectively. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of Title 44, Public Printing and Documents. 

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL

Similar provisions were contained in R.S. §205; 1950 

Reorg. Plan No. 20, §1, eff. May 24, 1950, 15 F.R. 3178, 64 

Stat. 1272. R.S. §205 was repealed by section 56(h) of act 

Oct. 31, 1951. Subsec. (l) of section 56 provided that the 

repeal should not affect any rights or liabilities existing under the repealed statute on the effective date of 

the repeal (Oct. 31, 1951). For delegation of functions 

under the repealed statute, and transfer of records, 

property, personnel, and funds, see sections 3 and 4 of 

1950 Reorg. Plan No. 20, set out in the Appendix to Title 

5, Government Organization and Employees. 

§ 107. Parchment or paper for printing enrolled 

bills or resolutions 

Enrolled bills and resolutions of either House 

of Congress shall be printed on parchment or 

paper of suitable quality as shall be determined 

by the Joint Committee on Printing. 

(July 30, 1947, ch. 388, 61 Stat. 635.) 

§ 108. Repeal of repealing act 

Whenever an Act is repealed, which repealed a 

former Act, such former Act shall not thereby 

be revived, unless it shall be expressly so provided. 

(July 30, 1947, ch. 388, 61 Stat. 635.) 

§ 109. Repeal of statutes as affecting existing liabilities 

The repeal of any statute shall not have the 

effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, 

unless the repealing Act shall so expressly provide, and such statute shall be treated as still 

remaining in force for the purpose of sustaining 

any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. 

The expiration of a temporary statute shall not 

have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such 

statute, unless the temporary statute shall so 

expressly provide, and such statute shall be 

treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. 

(July 30, 1947, ch. 388, 61 Stat. 635.) 

§ 110. Saving clause of Revised Statutes 

All acts of limitation, whether applicable to 

civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties 

or forfeitures, embraced in the Revised Statutes 

and covered by the repeal contained therein, 

shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or 

criminal, for causes arising, or acts done or 

committed prior to said repeal, may be commenced and prosecuted within the same time as 

if said repeal had not been made. 

(July 30, 1947, ch. 388, 61 Stat. 635.) 

§ 111. Repeals as evidence of prior effectiveness 

No inference shall be raised by the enactment 

of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), 

that the sections of the Revised Statutes repealed by such Act were in force or effect at the 

time of such enactment: Provided, however, That 

any rights or liabilities existing under such repealed sections shall not be affected by their repeal. 

(July 30, 1947, ch. 388, 61 Stat. 635.) 

REFERENCES IN TEXT

Act of March 3, 1933, referred to in text, was repealed 

by section 2 of act July 30, 1947, section 1 of which enacted this title. 

§ 112. Statutes at Large; contents; admissibility in 

evidence 

The Archivist of the United States shall cause 

to be compiled, edited, indexed, and published, 

the United States Statutes at Large, which shall 

contain all the laws and concurrent resolutions 

enacted during each regular session of Congress; 

all proclamations by the President in the numbered series issued since the date of the adjournment of the regular session of Congress next preceding; and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that 

date, together with the certificate of the Archivist of the United States issued in compliance 

with the provision contained in section 106b of 

this title. In the event of an extra session of 

Congress, the Archivist of the United States 

shall cause all the laws and concurrent resolutions enacted during said extra session to be 

consolidated with, and published as part of, the 

contents of the volume for the next regular session. The United States Statutes at Large shall 

be legal evidence of laws, concurrent resolutions, treaties, international agreements other 

than treaties, proclamations by the President, 

and proposed or ratified amendments to the 

Constitution of the United States therein contained, in all the courts of the United States, 

the several States, and the Territories and insular possessions of the United States. 

(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, 

ch. 1001, §1, 64 Stat. 979; Oct. 31, 1951, ch. 655, §3, 

65 Stat. 710; Pub. L. 98–497, title I, §107(d), Oct. 

19, 1984, 98 Stat. 2291.) 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’ in three places. 

1951—Act Oct. 31, 1951, substituted ‘‘106b of this title’’ 

for ‘‘205 of the Revised Statutes’’ in first sentence. 

1950—Act Sept. 23, 1950, amended section generally to 

implement 1950 Reorg. Plan No. 20, §1, eff. May 24, 1950, 

15 F.R. 3178, 64 Stat. 1272, which transferred to the Administrator of General Services certain duties formerly 

performed by the Secretary of State. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of Title 44, Public Printing and Documents. 

PUBLISHING PUB. L. 107–206 IN STATUTES AT LARGE

Pub. L. 107–206, title III, §3002(h), Aug. 2, 2002, 116 

Stat. 924, provided that: ‘‘In publishing the Act in slip 

Page 163 TITLE 1—GENERAL PROVISIONS § 112a 

1So in original. The comma probably should be a semicolon. 

form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the 

Archivist of the United States shall include after the 

date of approval at the end an appendix setting forth 

the text of the bill referred to in subsection (a) [set out 

as a Short Title of 2002 Amendment note under section 

101 of Title 39, Postal Service].’’ 

PUBLICATION OF CERTAIN LAWS OF 106TH CONGRESS

Pub. L. 106–554, §1(b), Dec. 21, 2000, 114 Stat. 2763, provided that: ‘‘In publishing this Act in slip form and in 

the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval at the end appendixes setting forth the texts of 

the bills referred to in subsection (a) of this section 

[enacting into law H.R. 5656, H.R. 5657, H.R. 5658, H.R. 

5660, H.R. 5661, H.R. 5662, and H.R. 5663 of the 106th Congress, as introduced on Dec. 14, 2000, and H.R. 5666 and 

H.R. 5667 of the 106th Congress, as introduced on Dec. 

15, 2000, except that the text of H.R. 5666, as so enacted, 

shall not include section 123] and the text of any other 

bill enacted into law by reference by reason of the enactment of this Act.’’ 

Pub. L. 106–553, §1(b), Dec. 21, 2000, 114 Stat. 2762, provided that: ‘‘In publishing this Act in slip form and in 

the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval at the end appendixes setting forth the texts of 

the bills referred to in subsection (a) of this section 

[enacting into law H.R. 5547 and H.R. 5548 of the 106th 

Congress, as introduced on Oct. 25, 2000].’’ 

Pub. L. 106–429, §101(a) [title V, §595(b)], Nov. 6, 2000, 

114 Stat. 1900, 1900A–60, provided that: ‘‘In publishing 

the Act in slip form and in the United States Statutes 

at Large pursuant to section 112, of title 1, United 

States Code, the Archivist of the United States shall 

include after the date of approval at the end appendixes 

setting forth the texts of the bill referred to in subsection (a) of this section [enacting into law S. 3140 of 

the 106th Congress, as introduced on Sept. 28, 2000].’’ 

Pub. L. 106–429, §101(b), Nov. 6, 2000, 114 Stat. 1900, 

provided that: ‘‘In publishing this Act in slip form and 

in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval at the end an appendix setting forth the text of 

the bill referred to in subsection (a) of this section [enacting into law H.R. 5526 of the 106th Congress, as introduced on Oct. 24, 2000].’’ 

Pub. L. 106–398, §2, Oct. 30, 2000, 114 Stat. 1654, provided that: ‘‘In publishing this Act in slip form and in 

the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval an appendix setting forth the text of the bill referred to in section 1 [enacting into law H.R. 5408 of the 

106th Congress, as introduced on Oct. 6, 2000].’’ 

Pub. L. 106–387, §1(b), Oct. 28, 2000, 114 Stat. 1549, provided that: ‘‘In publishing this Act in slip form and in 

the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval at the end an appendix setting forth the text of 

the bill referred to in subsection (a) of this section [enacting into law H.R. 5426 of the 106th Congress, as introduced on Oct. 6, 2000].’’ 

Pub. L. 106–377, §1(b), Oct. 27, 2000, 114 Stat. 1441, provided that: ‘‘In publishing this Act in slip form and in 

the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval at the end appendixes setting forth the texts of 

the bills referred to in subsection (a) of this section 

[enacting into law H.R. 5482 and 5483 of the 106th Congress, as introduced on Oct. 18, 2000].’’ 

Pub. L. 106–346, §101(b), Oct. 23, 2000, 114 Stat. 1356, 

provided that: ‘‘In publishing the Act in slip form and 

in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of 

the United States shall include after the date of approval at the end an appendix setting forth the text of 

the bill referred to in subsection (a) of this section [enacting into law H.R. 5394 of the 106th Congress, as introduced on Oct. 5, 2000].’’ 

Pub. L. 106–113, div. B, §1000(b), Nov. 29, 1999, 113 Stat. 

1536, provided that: ‘‘In publishing the Act in slip form 

and in the United States Statutes at Large pursuant to 

section 112, of title 1, United States Code, the Archivist 

of the United States shall include after the date of approval at the end appendixes setting forth the texts of 

the bills referred to in subsection (a) of this section 

[enacting into law H.R. 3421, H.R. 3422, H.R. 3423, H.R. 

3424, H.R. 3425, H.R. 3426, H.R. 3427 (as amended), H.R. 

3428, and S. 1948 of the 106th Congress, as introduced on 

Nov. 17, 1999].’’ 

EFFECT OF REPEAL OF SECTION 73 OF ACT JAN. 12, 1895 

This section and section 112a of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 

23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 

729. 

§ 112a. United States Treaties and Other International Agreements; contents; admissibility 

in evidence 

(a) The Secretary of State shall cause to be 

compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled 

‘‘United States Treaties and Other International 

Agreements,’’ which shall contain all treaties to 

which the United States is a party that have 

been proclaimed during each calendar year, and 

all international agreements other than treaties 

to which the United States is a party that have 

been signed, proclaimed, or with reference to 

which any other final formality has been executed, during each calendar year. The said 

United States Treaties and Other International 

Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such 

treaties and agreements, therein contained, in 

all the courts of the United States, the several 

States, and the Territories and insular possessions of the United States. 

(b) The Secretary of State may determine that 

publication of certain categories of agreements 

is not required, if the following criteria are met: 

(1) such agreements are not treaties which 

have been brought into force for the United 

States after having received Senate advice and 

consent pursuant to section 2(2) of Article II of 

the Constitution of the United States; 

(2) the public interest in such agreements is 

insufficient to justify their publication, because (A) as of the date of enactment of the 

Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995, the agreements are no 

longer in force,1 (B) the agreements do not create private rights or duties, or establish standards intended to govern government action in 

the treatment of private individuals; (C) in 

view of the limited or specialized nature of the 

public interest in such agreements, such interest can adequately be satisfied by an alterVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00171 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
§ 112b TITLE 1—GENERAL PROVISIONS Page 164 

native means; or (D) the public disclosure of 

the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and 

(3) copies of such agreements (other than 

those in paragraph (2)(D)), including certified 

copies where necessary for litigation or similar purposes, will be made available by the Department of State upon request. 

(c) Any determination pursuant to subsection 

(b) shall be published in the Federal Register. 

(d) The Secretary of State shall make publicly 

available through the Internet website of the 

Department of State each treaty or international agreement proposed to be published in 

the compilation entitled ‘‘United States Treaties and Other International Agreements’’ not 

later than 180 days after the date on which the 

treaty or agreement enters into force. 

(Added Sept. 23, 1950, ch. 1001, §2, 64 Stat. 980; 

amended Pub. L. 103–236, title I, §138, Apr. 30, 

1994, 108 Stat. 397; Pub. L. 108–458, title VII, 

§7121(a), Dec. 17, 2004, 118 Stat. 3807.) 

REFERENCES IN TEXT

The date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, referred to 

in subsec. (b)(2)(A), is the date of enactment of Pub. L. 

103–236, which was approved Apr. 30, 1994. 

AMENDMENTS

2004—Subsec. (d). Pub. L. 108–458 added subsec. (d). 

1994—Pub. L. 103–236 designated existing provisions as 

subsec. (a) and added subsecs. (b) and (c). 

EFFECTIVE DATE OF 2004 AMENDMENT

Pub. L. 108–458, title VII, §7122, Dec. 17, 2004, 118 Stat. 

3808, provided that: ‘‘Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle A (§§7101–7122) of title VII of Pub. L. 

108–458, enacting sections 2228, 2732, 3922b, 4029, 7536a, 

and 7555 of Title 22, Foreign Relations and Intercourse, 

amending this section, section 112b of this title, section 

1189 of Title 8, Aliens and Nationality, sections 2651a, 

2656f, 4003, 7513, 7514, 7518, 7536, 7537, 7538, and 7554 of 

Title 22, and section 2405 of Title 50, Appendix, War and 

National Defense, repealing section 2374 of Title 22, enacting provisions set out as notes under section 1189 of 

Title 8, sections 1431, 2451, 2452, 2651a, 2656, 2656f, 7501, 

7511, 7513, 7514, and 7536 of Title 22, and section 2405 of 

Title 50, Appendix, and amending provisions set out as 

a note under section 112b of this title] shall take effect 

on the date of enactment of this Act [Dec. 17, 2004].’’ 

EFFECT OF REPEAL OF SECTION 73 OF ACT JAN. 12, 1895 

This section and section 112 of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 

23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 

729. 

WRITTEN REQUESTS FOR DOCUMENTS

Copies of United States Treaties and Other International Agreements not available to Senators or Representatives unless specifically requested by them, in 

writing, see Pub. L. 94–59, title VIII, §801, July 25, 1975, 

89 Stat. 296, set out as a note under section 1317 of Title 

44, Public Printing and Documents. 

§ 112b. United States international agreements; 

transmission to Congress 

(a) The Secretary of State shall transmit to 

the Congress the text of any international 

agreement (including the text of any oral international agreement, which agreement shall be 

reduced to writing), other than a treaty, to 

which the United States is a party as soon as 

practicable after such agreement has entered 

into force with respect to the United States but 

in no event later than sixty days thereafter. 

However, any such agreement the immediate 

public disclosure of which would, in the opinion 

of the President, be prejudicial to the national 

security of the United States shall not be so 

transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations 

of the Senate and the Committee on International Relations of the House of Representatives under an appropriate injunction of secrecy 

to be removed only upon due notice from the 

President. Any department or agency of the 

United States Government which enters into 

any international agreement on behalf of the 

United States shall transmit to the Department 

of State the text of such agreement not later 

than twenty days after such agreement has been 

signed. 

(b) Not later than March 1, 1979, and at yearly 

intervals thereafter, the President shall, under 

his own signature, transmit to the Speaker of 

the House of Representatives and the chairman 

of the Committee on Foreign Relations of the 

Senate a report with respect to each international agreement which, during the preceding 

year, was transmitted to the Congress after the 

expiration of the 60-day period referred to in the 

first sentence of subsection (a), describing fully 

and completely the reasons for the late transmittal. 

(c) Notwithstanding any other provision of 

law, an international agreement may not be 

signed or otherwise concluded on behalf of the 

United States without prior consultation with 

the Secretary of State. Such consultation may 

encompass a class of agreements rather than a 

particular agreement. 

(d)(1) The Secretary of State shall annually 

submit to Congress a report that contains an 

index of all international agreements, listed by 

country, date, title, and summary of each such 

agreement (including a description of the duration of activities under the agreement and the 

agreement itself), that the United States— 

(A) has signed, proclaimed, or with reference 

to which any other final formality has been 

executed, or that has been extended or otherwise modified, during the preceding calendar 

year; and 

(B) has not been published, or is not proposed to be published, in the compilation entitled ‘‘United States Treaties and Other International Agreements’’. 

(2) The report described in paragraph (1) may 

be submitted in classified form. 

(e)(1) Subject to paragraph (2), the Secretary 

of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the 

meaning of this section. 

(2)(A) An arrangement shall constitute an 

international agreement within the meaning of 

this section (other than subsection (c)) irrespective of the duration of activities under the arrangement or the arrangement itself. 

(B) Arrangements that constitute an international agreement within the meaning of this 

Page 165 TITLE 1—GENERAL PROVISIONS § 114 

section (other than subsection (c)) include the 

following: 

(i) A bilateral or multilateral counterterrorism agreement. 

(ii) A bilateral agreement with a country 

that is subject to a determination under section 6(j)(1)(A) of the Export Administration 

Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 

1961 (22 U.S.C. 2371(a)), or section 40(d) of the 

Arms Export Control Act (22 U.S.C. 2780(d)). 

(f) The President shall, through the Secretary 

of State, promulgate such rules and regulations 

as may be necessary to carry out this section. 

(Added Pub. L. 92–403, §1, Aug. 22, 1972, 86 Stat. 

619; amended Pub. L. 95–45, §5, June 15, 1977, 91 

Stat. 224; Pub. L. 95–426, title VII, §708, Oct. 7, 

1978, 92 Stat. 993; Pub. L. 103–437, §1, Nov. 2, 1994, 

108 Stat. 4581; Pub. L. 108–458, title VII, 

§7121(b)–(d), Dec. 17, 2004, 118 Stat. 3807, 3808.) 

AMENDMENTS

2004—Subsec. (a). Pub. L. 108–458, §7121(b), substituted 

‘‘Committee on International Relations’’ for ‘‘Committee on Foreign Affairs’’. 

Subsec. (d). Pub. L. 108–458, §7121(c), added subsec. (d). 

Former subsec. (d) redesignated (e). 

Subsec. (e). Pub. L. 108–458, §7121(d), designated existing provisions as par. (1), substituted ‘‘Subject to paragraph (2), the Secretary of State’’ for ‘‘The Secretary of 

State’’, and added par. (2). 

Pub. L. 108–458, §7121(c)(1), redesignated subsec. (d) as 

(e). Former subsec. (e) redesignated (f). 

Subsec. (f). Pub. L. 108–458, §7121(c)(1), redesignated 

subsec. (e) as (f). 

1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Committee on Foreign Affairs’’ for ‘‘Committee on International Relations’’. 

1978—Pub. L. 95–426 designated existing provisions as 

subsec. (a), inserted ‘‘(including the text of any oral 

international agreement, which agreement shall be reduced to writing)’’, and added subsecs. (b) to (e). 

1977—Pub. L. 95–45 substituted ‘‘Committee on International Relations of the House of Representatives’’ for 

‘‘Committee on Foreign Affairs of the House of Representatives’’ and inserted requirement that any department or agency of the United States Government 

which enters into any international agreement on behalf of the United States transmit to the Department 

of State the text of such agreement not later than 

twenty days after the agreement has been signed. 

CHANGE OF NAME

Committee on International Relations of House of 

Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution 

No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 

SHORT TITLE

This section is popularly known as the Case-Zablocki 

Act. 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

of law requiring submittal to Congress of any annual, 

semiannual, or other regular periodic report listed in 

House Document No. 103–7 (in which the report required 

by subsec. (b) of this section is listed on page 38), see 

section 3003 of Pub. L. 104–66, as amended, set out as a 

note under section 1113 of Title 31, Money and Finance. 

ENFORCEMENT

Pub. L. 100–204, title I, §139, Dec. 22, 1987, 101 Stat. 

1347, as amended by Pub. L. 108–458, title VII, §7121(e), 

Dec. 17, 2004, 118 Stat. 3808, provided that: 

‘‘(a) RESTRICTION ON USE OF FUNDS.—If any international agreement, whose text is required to be transmitted to the Congress pursuant to the first sentence of 

subsection (a) of section 112b of title 1, United States 

Code (commonly referred to as the ‘Case-Zablocki 

Act’), is not so transmitted within the 60-day period 

specified in that sentence, then no funds authorized to 

be appropriated by this or any other Act shall be available after the end of that 60-day period to implement 

that agreement until the text of that agreement has 

been so transmitted. 

‘‘(b) EFFECTIVE DATE.—Subsection (a) shall take effect 60 days after the date of enactment of the 911 

[probably means 9/11] Commission Implementation Act 

of 2004 [Dec. 17, 2004] and shall apply during fiscal years 

2005, 2006, and 2007.’’ 

§ 113. ‘‘Little and Brown’s’’ edition of laws and 

treaties; slip laws; Treaties and Other International Acts Series; admissibility in evidence 

The edition of the laws and treaties of the 

United States, published by Little and Brown, 

and the publications in slip or pamphlet form of 

the laws of the United States issued under the 

authority of the Archivist of the United States, 

and the Treaties and Other International Acts 

Series issued under the authority of the Secretary of State shall be competent evidence of 

the several public and private Acts of Congress, 

and of the treaties, international agreements 

other than treaties, and proclamations by the 

President of such treaties and international 

agreements other than treaties, as the case may 

be, therein contained, in all the courts of law 

and equity and of maritime jurisdiction, and in 

all the tribunals and public offices of the United 

States, and of the several States, without any 

further proof or authentication thereof. 

(July 30, 1947, ch. 388, 61 Stat. 636; Pub. L. 89–497, 

§1, July 8, 1966, 80 Stat. 271; Pub. L. 98–497, title 

I, §107(d), Oct. 19, 1984, 98 Stat. 2291.) 

AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist of the 

United States’’ for ‘‘Administrator of General Services’’. 

1966—Pub. L. 89–497 made slip laws and the Treaties 

and Other International Acts Series competent legal 

evidence of the several acts of Congress and the treaties and other international agreements contained 

therein. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of Title 44, Public Printing and Documents. 

§ 114. Sealing of instruments 

In all cases where a seal is necessary by law to 

any commission, process, or other instrument 

provided for by the laws of Congress, it shall be 

lawful to affix the proper seal by making an impression therewith directly on the paper to 

which such seal is necessary; which shall be as 

valid as if made on wax or other adhesive substance. 

(July 30, 1947, ch. 388, 61 Stat. 636.) 

§ 201 TITLE 1—GENERAL PROVISIONS Page 166 

1So in original. Does not conform to section catchline. 

CHAPTER 3—CODE OF LAWS OF UNITED 

STATES AND SUPPLEMENTS; DISTRICT OF 

COLUMBIA CODE AND SUPPLEMENTS 

Sec. 

201. Publication and distribution of Code of Laws 

of United States and Supplements and District of Columbia Code and Supplements. 

(a) Publishing in slip or pamphlet form 

or in Statutes at Large. 

(b) Curtailing number of copies published. 

(c) Dispensing with publication of more 

than one Supplement for each Congress. 

202. Preparation and publication of Codes and 

Supplements. 

(a) Cumulative Supplements to Code of 

Laws of United States for each session of Congress. 

(b) Cumulative Supplement to District of 

Columbia Code for each session of 

Congress. 

(c) New editions of Codes and Supplements. 

203. District of Columbia Code; preparation and 

publication; cumulative supplements. 

204. Codes and Supplements as evidence of the 

laws of United States and District of Columbia; citation of Codes and Supplements. 

(a) United States Code. 

(b) District of Columbia Code. 

(c) District of Columbia Code; citation. 

(d) Supplements to Codes; citation. 

(e) New edition of Codes; citation. 

205. Codes and Supplement; where printed; form 

and style; ancillaries. 

206. Bills and resolutions of Committee on the Judiciary of House of Representatives; form 

and style; ancillaries; curtailment of copies. 

207. Copies of acts and resolutions in slip form; 

additional number printed for Committee 

on the Judiciary of House of Representatives. 

208. Delegation of function of Committee on the 

Judiciary to other agencies; printing, etc., 

under direction of Joint Committee on 

Printing.1

209. Copies of Supplements to Code of Laws of 

United States and of District of Columbia 

Code and Supplements; conclusive evidence 

of original. 

210. Distribution of Supplements to Code of Laws 

of United States and of District of Columbia 

Code and Supplements; slip and pamphlet 

copies. 

211. Copies to Members of Congress. 

212. Additional distribution at each new Congress. 

213. Appropriation for preparing and editing supplements. 

§ 201. Publication and distribution of Code of 

Laws of United States and Supplements and 

District of Columbia Code and Supplements 

In order to avoid duplication and waste— 

(a) Publishing in slip or pamphlet form or in 

Statutes at Large.—Publication in slip or pamphlet form or in the Statutes at Large of any of 

the volumes or publications enumerated in sections 202 and 203 of this title, shall, in event of 

enactment, be dispensed with whenever the 

Committee on the Judiciary of the House of 

Representatives so directs the Archivist of the 

United States; 

(b) Curtailing number of copies published.— 

Curtailment of the number provided by law to 

be printed and distributed of the volumes or 

publications enumerated in sections 202 and 203 

of this title may be directed by such committee, 

except that the Public Printer shall print such 

numbers as are necessary for depository library 

distribution and for sale; and 

(c) Dispensing with publication of more than 

one Supplement for each Congress.—Such committee may direct that the printing and distribution of any supplement to the Code of Laws 

of the United States or to the Code of the District of Columbia be dispensed with entirely, except that there shall be printed and distributed 

for each Congress at least one supplement to 

each such code, containing the legislation of 

such Congress. 

(July 30, 1947, ch. 388, 61 Stat. 637; Sept. 3, 1954, 

ch. 1263, §1, 68 Stat. 1226; Pub. L. 98–497, title I, 

§107(d), Oct. 19, 1984, 98 Stat. 2291.) 

AMENDMENTS

1984—Subsec. (a). Pub. L. 98–497 substituted ‘‘Archivist of the United States’’ for ‘‘Administrator of General Services’’. 

1954—Subsec. (a). Act Sept. 3, 1954, substituted ‘‘Administrator of General Services’’ for ‘‘Secretary of 

State’’. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of Title 44, Public Printing and Documents. 

§ 202. Preparation and publication of Codes and 

Supplements 

There shall be prepared and published under 

the supervision of the Committee on the Judiciary of the House of Representatives— 

(a) Cumulative Supplements to Code of Laws 

of United States for each session of Congress.— 

A supplement for each session of the Congress to 

the then current edition of the Code of Laws of 

the United States, cumulatively embracing the 

legislation of the then current supplement, and 

correcting errors in such edition and supplement; 

(b) Cumulative Supplement to District of Columbia Code for each session of Congress.—A 

supplement for each session of the Congress to 

the then current edition of the Code of the District of Columbia, cumulatively embracing the 

legislation of the then current supplement, and 

correcting errors in such edition and supplement; 

(c) New editions of Codes and Supplements.— 

New editions of the Code of Laws of the United 

States and of the Code of the District of Columbia, correcting errors and incorporating the 

then current supplement. In the case of each 

code new editions shall not be published oftener 

than once in each five years. Copies of each such 

edition shall be distributed in the same manner 

as provided in the case of supplements to the 

code of which it is a new edition. Supplements 

published after any new edition shall not contain the legislation of supplements published before such new edition. 

(July 30, 1947, ch. 388, 61 Stat. 637.) 

CROSS REFERENCES

Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94–386, Aug. 14, 1976, 

Page 167 TITLE 1—GENERAL PROVISIONS § 204 

90 Stat. 1170, set out as a note under section 285b of 

Title 2, The Congress. 

Office of the Law Revision Counsel, functions respecting preparation, revision, publication, etc., see 

section 285b of Title 2. 

§ 203. District of Columbia Code; preparation and 

publication; cumulative supplements 

The Committee on the Judiciary of the House 

of Representatives is authorized to print bills to 

codify, revise, and reenact the general and permanent laws relating to the District of Columbia and cumulative supplements thereto, similar 

in style, respectively, to the Code of Laws of the 

United States, and supplements thereto, and to 

so continue until final enactment thereof in 

both Houses of the Congress of the United 

States. 

(July 30, 1947, ch. 388, 61 Stat. 638.) 

COMMISSION ON REVISION OF THE CRIMINAL LAWS OF

THE DISTRICT OF COLUMBIA

Pub. L. 90–226, title X, Dec. 27, 1967, 81 Stat. 742, provided for creation and operation of a commission to 

study and make recommendations with reference to a 

revised code of criminal law and procedure for the District of Columbia, prior to repeal by Pub. L. 91–358, 

title VI, §601, July 29, 1970, 84 Stat. 667, as amended by 

Pub. L. 91–530, §2(b)(1), Dec. 7, 1970, 84 Stat. 1390. 

CROSS REFERENCES

Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94–386, Aug. 14, 1976, 

90 Stat. 1170, set out as a note under section 285b of 

Title 2, The Congress. 

Office of the Law Revision Counsel, functions respecting, see section 285b of Title 2. 

§ 204. Codes and Supplements as evidence of the 

laws of United States and District of Columbia; citation of Codes and Supplements 

In all courts, tribunals, and public offices of 

the United States, at home or abroad, of the District of Columbia, and of each State, Territory, 

or insular possession of the United States— 

(a) United States Code.—The matter set forth 

in the edition of the Code of Laws of the United 

States current at any time shall, together with 

the then current supplement, if any, establish 

prima facie the laws of the United States, general and permanent in their nature, in force on 

the day preceding the commencement of the session following the last session the legislation of 

which is included: Provided, however, That whenever titles of such Code shall have been enacted 

into positive law the text thereof shall be legal 

evidence of the laws therein contained, in all the 

courts of the United States, the several States, 

and the Territories and insular possessions of 

the United States. 

(b) District of Columbia Code.—The matter set 

forth in the edition of the Code of the District of 

Columbia current at any time shall, together 

with the then current supplement, if any, establish prima facie the laws, general and permanent 

in their nature, relating to or in force in the 

District of Columbia on the day preceding the 

commencement of the session following the last 

session the legislation of which is included, except such laws as are of application in the District of Columbia by reason of being laws of the 

United States general and permanent in their 

nature. 

(c) District of Columbia Code; citation.—The 

Code of the District of Columbia may be cited as 

‘‘D.C. Code’’. 

(d) Supplements to Codes; citation.—Supplements to the Code of Laws of the United States 

and to the Code of the District of Columbia may 

be cited, respectively, as ‘‘U.S.C., Sup. ’’, and 

‘‘D.C. Code, Sup. ’’, the blank in each case 

being filled with Roman figures denoting the 

number of the supplement. 

(e) New edition of Codes; citation.—New editions of each of such codes may be cited, respectively, as ‘‘U.S.C., ed.’’, and ‘‘D.C. Code, 

ed.’’, the blank in each case being filled with 

figures denoting the last year the legislation of 

which is included in whole or in part. 

(July 30, 1947, ch. 388, 61 Stat. 638.) 

UNITED STATES CODE TITLES AS POSITIVE LAW

The following titles of the United States Code were 

enacted into positive law by the acts enumerated 

below: 

Title 1, General Provisions—Act July 30, 1947, ch. 388, 

§1, 61 Stat. 633. 

Title 3, The President—Act June 25, 1948, ch. 644, §1, 

62 Stat. 672. 

Title 4, Flag and Seal, Seat of Government, and the 

States—Act July 30, 1947, ch. 389, §1, 61 Stat. 641. 

Title 5, Government Organization and Employees— 

Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378. 

Title 9, Arbitration—Act July 30, 1947, ch. 392, §1, 61 

Stat. 669. 

Title 10, Armed Forces—Act Aug. 10, 1956, ch. 1041, §1, 

70A Stat. 1. 

Title 11, Bankruptcy—Pub. L. 95–598, title I, §101, 

Nov. 6, 1978, 92 Stat. 2549. 

Title 13, Census—Act Aug. 31, 1954, ch. 1158, 68 Stat. 

1012. 

Title 14, Coast Guard—Act Aug. 4, 1949, ch. 393, §1, 63 

Stat. 495. 

Title 17, Copyrights—Act July 30, 1947, ch. 391, §1, 61 

Stat. 652, as amended Oct. 19, 1976, Pub. L. 94–553, title 

I, §101, 90 Stat. 2541. 

Title 18, Crimes and Criminal Procedure—Act June 

25, 1948, ch. 645, §1, 62 Stat. 683. 

Title 23, Highways—Pub. L. 85–767, §1, Aug. 27, 1958, 72 

Stat. 885. 

Title 28, Judiciary and Judicial Procedure—Act June 

25, 1948, ch. 646, §1, 62 Stat. 869. 

Title 31, Money and Finance—Pub. L. 97–258, §1, Sept. 

13, 1982, 96 Stat. 877. 

Title 32, National Guard—Act Aug. 10, 1956, ch. 1041, 

§2, 70A Stat. 596. 

Title 34, Navy—See Title 10, Armed Forces. 

Title 35, Patents—Act July 19, 1952, ch. 950, §1, 66 

Stat. 792. 

Title 36, Patriotic and National Observances, Ceremonies, and Organizations—Pub. L. 105–225, §1, Aug. 12, 

1998, 112 Stat. 1253. 

Title 37, Pay and Allowances of the Uniformed Services—Pub. L. 87–649, §1, Sept. 7, 1962. 76 Stat. 451. 

Title 38, Veterans’ Benefits—Pub. L. 85–857, §1, Sept. 

2, 1958, 72 Stat. 1105. 

Title 39, Postal Service—Pub. L. 86–682, §1, Sept. 2, 

1960, 74 Stat. 578, as revised Pub. L. 91–375, §2, Aug. 12, 

1970, 84 Stat. 719. 

Title 40, Public Buildings, Property, and Works—Pub. 

L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. 

Title 44, Public Printing and Documents—Pub. L. 

90–620, §1, Oct. 22, 1968, 82 Stat. 1238. 

Title 46, Shipping—Pub. L. 98–89, §1, Aug. 26, 1983, 97 

Stat. 500; Pub. L. 99–509, title V, subtitle B, §5101, Oct. 

21, 1986, 100 Stat. 1913; Pub. L. 100–424, §6, Sept. 9, 1988, 

102 Stat. 1591; Pub. L. 100–710, title I, §102, Nov. 23, 1988, 

102 Stat. 4738; Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485. 

Title 49, Transportation—Pub. L. 95–473, §1, Oct. 17, 

1978, 92 Stat. 1337; Pub. L. 97–449, §1, Jan. 12, 1983, 96 

Stat. 2413; Pub. L. 103–272, §1, July 5, 1994, 108 Stat. 745. 

§ 205 TITLE 1—GENERAL PROVISIONS Page 168 

TITLE 26, INTERNAL REVENUE CODE

The Internal Revenue Code of 1954 was enacted in the 

form of a separate code by act Aug. 16, 1954, ch. 736, 68A 

Stat. 1. Pub. L. 99–514, §2(a), Oct. 22, 1986, 100 Stat. 2095, 

provided that the Internal Revenue Title enacted Aug. 

16, 1954, as heretofore, hereby, or hereafter amended, 

may be cited as the ‘‘Internal Revenue Code of 1986’’. 

The sections of Title 26, United States Code, are identical to the sections of the Internal Revenue Code. 

§ 205. Codes and Supplement; where printed; 

form and style; ancillaries 

The publications provided for in sections 202, 

203 of this title shall be printed at the Government Printing Office and shall be in such form 

and style and with such ancillaries as may be 

prescribed by the Committee on the Judiciary of 

the House of Representatives. The Librarian of 

Congress is directed to cooperate with such committee in the preparation of such ancillaries. 

Such publications shall be furnished with such 

thumb insets and other devices to distinguish 

parts, with such facilities for the insertion of 

additional matter, and with such explanatory 

and advertising slips, and shall be printed on 

such paper and bound in such material, as may 

be prescribed by such committee. 

(July 30, 1947, ch. 388, 61 Stat. 639.) 

§ 206. Bills and resolutions of Committee on the 

Judiciary of House of Representatives; form 

and style; ancillaries; curtailment of copies 

All bills and resolutions relating to the revision of the laws referred to or reported by the 

Committee on the Judiciary of the House of 

Representatives shall be printed in such form 

and style, and with such ancillaries, as such 

committee may prescribe as being economical 

and suitable, to so continue until final enactment thereof in both Houses of Congress; and 

such committee may also curtail the number of 

copies of such bills to be printed in the various 

parliamentary stages in the House of Representatives. 

(July 30, 1947, ch. 388, 61 Stat. 639.) 

§ 207. Copies of acts and resolutions in slip form; 

additional number printed for Committee on 

the Judiciary of House of Representatives 

The Public Printer is directed to print, in addition to the number provided by existing law, 

and, as soon as printed, to distribute in such 

manner as the Committee on the Judiciary of 

the House of Representatives shall determine, 

twenty copies in slip form of each public Act 

and joint resolution. 

(July 30, 1947, ch. 388, 61 Stat. 639.) 

§ 208. Delegation of function of Committee on the 

Judiciary to other agencies; printing, and so 

forth, under direction of Joint Committee on 

Printing 

The functions vested by sections 201, 202, 

204–207 of this title in the Committee on the Judiciary of the House of Representatives may 

from time to time be vested in such other agency as the Congress may by concurrent resolution 

provide: Provided, That the printing, binding, 

and distribution of the volumes and publications 

enumerated in sections 202, 203 of this title shall 

be done under the direction of the Joint Committee on Printing. 

(July 30, 1947, ch. 388, 61 Stat. 639.) 

§ 209. Copies of Supplements to Code of Laws of 

United States and of District of Columbia 

Code and Supplements; conclusive evidence 

of original 

Copies of the Code of Laws relating to the District of Columbia and copies of the supplements 

provided for by sections 202 and 203 of this title 

printed at the Government Printing Office and 

bearing its imprint, shall be conclusive evidence 

of the original of such code and supplements in 

the custody of the Administrator of General 

Services. 

(July 30, 1947, ch. 388, 61 Stat. 639; Sept. 3, 1954, 

ch. 1263, §2, 68 Stat. 1226.) 

AMENDMENTS

1954—Act Sept. 3, 1954, substituted ‘‘Administrator of 

General Services’’ for ‘‘Secretary of State’’. 

§ 210. Distribution of Supplements to Code of 

Laws of United States and of District of Columbia Code and Supplements; slip and pamphlet copies 

Copies of the Code of Laws relating to the District of Columbia, and of the supplements provided for by sections 202, 203 of this title shall be 

distributed by the Superintendent of Documents 

in the same manner as bound volumes of the 

Statutes at Large: Provided, That no slip or 

pamphlet copies of the Code of Laws relating to 

the District of Columbia, and of the supplements 

provided for by sections 202, 203 of this title need 

be printed or distributed. 

(July 30, 1947, ch. 388, 61 Stat. 640.) 

CROSS REFERENCES

Distribution of Statutes at Large, see section 728 of 

Title 44, Public Printing and Documents. 

§ 211. Copies to Members of Congress 

In addition to quotas provided for by section 

210 of this title there shall be printed, published, 

and distributed of the Code of Laws relating to 

the District of Columbia with tables, index, and 

other ancillaries, suitably bound and with 

thumb inserts and other convenient devices to 

distinguish the parts, and of the supplements to 

both codes as provided for by sections 202, 203 of 

this title, ten copies of each for each Member of 

the Senate and House of Representatives of the 

Congress in which the original authorized publication is made, for his use and distribution, and 

in addition for the Committee on the Judiciary 

of the House of Representatives and the Committee on the Judiciary of the Senate a number 

of bound copies of each equal to ten times the 

number of members of such committees, and one 

bound copy of each for the use of each committee of the Senate and House of Representatives. 

(July 30, 1947, ch. 388, 61 Stat. 640.) 

LIMITATION ON COPIES OF NEW EDITIONS FOR HOUSE OF

REPRESENTATIVES

Pub. L. 92–342, §101, July 10, 1972, 86 Stat. 447, provided that: ‘‘Hereafter, appropriations for authorized 

Page 169 TITLE 1—GENERAL PROVISIONS § 213 

printing and binding for the Congress shall not be 

available under the authority of the Act of July 30, 1947 

(1 U.S.C. 211) for the printing, publication, and distribution of more than two copies of new editions of the 

Code of Laws of the United States and of the Code of 

the District of Columbia for each Member of the House 

of Representatives.’’ 

WRITTEN REQUESTS FOR DOCUMENTS

Copies of District of Columbia Code and Supplements 

not available to Senators or Representatives unless 

specifically requested by them, in writing, see Pub. L. 

94–59, title VIII, §801, July 25, 1975, 89 Stat. 296, set out 

as a note under section 1317 of Title 44, Public Printing 

and Documents. 

§ 212. Additional distribution at each new Congress 

In addition the Superintendent of Documents 

shall, at the beginning of the first session of 

each Congress, supply to each Senator and Representative in such Congress, who may in writing apply for the same, one copy each of the 

Code of Laws of the United States, the Code of 

Laws relating to the District of Columbia, and 

the latest supplement to each code: Provided, 

That such applicant shall certify in his written 

application for the same that the volume or volumes for which he applies is intended for his 

personal use exclusively: And provided further, 

That no Senator or Representative during his 

term of service shall receive under this section 

more than one copy each of the volumes enumerated herein. 

(July 30, 1947, ch. 388, 61 Stat. 640.) 

§ 213. Appropriation for preparing and editing 

supplements 

For preparation and editing an annual appropriation of $6,500 is authorized to carry out the 

purposes of sections 202 and 203 of this title. 

(July 30, 1947, ch. 388, 61 Stat. 640.) 

§ 28 TITLE 2—THE CONGRESS Page 170 

TITLE 2—THE CONGRESS 

CHAPTER 2—ORGANIZATION OF CONGRESS 

§ 28. Parliamentary precedents of House of Representatives 

(a) Periodic compilation; other useful materials; 

index digest; date of completion 

The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal 

year following the completion and publication of 

the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89–90), 

and at the beginning of each fifth fiscal year 

thereafter, shall commence the compilation and 

preparation for printing of the parliamentary 

precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest 

of such precedents and other materials. Each 

such compilation and preparation for printing of 

the parliamentary precedents of the House shall 

be completed by the close of the fiscal year immediately following the fiscal year in which 

such work is commenced. 

(b) Form, number, and distribution of compilation 

As so compiled and prepared, such precedents 

and other materials and index digest shall be 

printed on pages of such size, and in such type 

and format, as the Parliamentarian may determine and shall be printed in such numbers and 

for such distribution as may be provided by law 

enacted prior to printing. 

(c) Appointment and compensation of personnel; 

utilization of services of personnel of Federal 

agencies 

For the purpose of carrying out each such 

compilation and preparation, the Parliamentarian may— 

(1) subject to the approval of the Speaker, 

appoint (as employees of the House of Representatives) clerical and other personnel and 

fix their respective rates of pay; and 

(2) utilize the services of personnel of the Library of Congress and the Government Printing Office. 

(Pub. L. 91–510, title III, §331, Oct. 26, 1970, 84 

Stat. 1186.) 

REFERENCES IN TEXT

The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89–90, July 27, 1965, 79 

Stat. 265. For complete classification of this Act to the 

Code, see Tables. 

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 

3, 1971, see section 601(1) of Pub. L. 91–510, set out as an 

Effective Date of 1970 Amendment note under section 

72a of this title. 

§ 28a. Compilation of the Precedents of House of 

Representatives; date of completion; biennial 

update; printing and availability of copies 

The Speaker is authorized and directed to 

complete the Compilation of the Precedents of 

the House of Representatives by January 1, 1977, 

and prepare an updated compilation of such 

precedents every two years thereafter. Copies of 

the Compilation of Precedents shall be printed 

in sufficient quantity to be available to every 

Member and the standing committees of the 

House of Representatives. 

(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 

Stat. 1777.) 

CODIFICATION

Section is based on section 208 of House Resolution 

No. 988, Ninety-third Congress, Oct. 8, 1974, which was 

enacted into permanent law by Pub. L. 93–554. 

EFFECTIVE DATE

Pub. L. 93–554 provided that the enactment of House 

Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975. 

§ 28b. Printing and binding as public document 

of Precedents of House of Representatives; 

number of sets authorized 

(a) There shall be printed and bound as a public document two thousand sets of the Precedents of the House of Representatives compiled 

and prepared by Lewis Deschler (hereinafter in 

sections 28b to 28e of this title referred to as the 

‘‘Precedents’’) in accordance with the provisions 

of the Legislative Branch Appropriation Act, 

1966 (Public Law 89–90; 79 Stat. 265). 

(b) The number of sets authorized to be printed and bound by or pursuant to sections 28b to 

28e of this title shall be in lieu of the usual number of copies for binding and distribution required by section 701 of title 44. 

(Pub. L. 94–551, §1, Oct. 18, 1976, 90 Stat. 2537.) 

REFERENCES IN TEXT

The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89–90, July 27, 1965, 79 Stat. 

265. For complete classification of this Act to the Code, 

see Tables. 

§ 28c. Distribution of Precedents by Public 

Printer 

(a) Delivery to Members of Ninety-fifth Congress; 

marking of volumes 

The Public Printer shall deliver one set of the 

Precedents to each Senator or Representative 

in, or Delegate or Resident Commissioner to, 

the Ninety-fifth Congress. The name of the 

Member to whom the set is delivered shall be 

legibly stamped on the front cover of each volume of the set. 

(b) Members of Congress following Ninety-fifth 

Congress not already having sets of Precedents; necessity of written request to Superintendent of Documents for set 

Each Senator or Representative in, or Delegate or Resident Commissioner to, each Congress following the Ninety-fifth Congress who 

has not theretofore received a set of the Precedents shall be entitled to receive one set of the 

Precedents, upon transmitting a written request 

for such set to the Superintendent of Documents. 

(c) Additional distribution of sets 

The Public Printer shall make the following 

distribution of sets of the Precedents: 

Page 171 TITLE 2—THE CONGRESS § 29 

1So in original. Probably should be followed by a comma. 

(1) to the office of the Vice President, to the 

office of the speaker of the House of Representatives, and to the office of the President 

pro tempore of the Senate, each, five sets; 

(2) to the office of the majority leader of the 

House of Representatives and to the office of 

the minority leader of the House of Representatives, each, three sets; 

(3) to the Parliamentarian of the House of 

Representatives, sixty sets; 

(4) to the Parliamentarian of the Senate, 

five sets; 

(5) to the Clerk of the House of Representatives and to the Sergeant at Arms of the 

House of Representatives, each1 two sets; 

(6) to the Secretary of the Senate and to the 

Sergeant at Arms of the Senate, each, two 

sets; 

(7) to the superintendent of the House document room, two sets; 

(8) to the superintendent of the Senate document room, two sets; 

(9) to the Library of Congress, for international exchange and for official use in Washington, District of Columbia, one hundred and 

fifty sets; 

(10) to the National Archives, three sets; 

(11) to the government of the District of Columbia, twelve sets; 

(12) to the Smithsonian Institute, two sets; 

(13) to the library of each legislative branch 

of each State, territory, and possession of the 

United States, one set; and 

(14) to the Superintendent of Documents, 

eight hundred and sixteen sets for distribution 

to the depository library system. 

(Pub. L. 94–551, §2, Oct. 18, 1976, 90 Stat. 2537; 

Pub. L. 104–186, title II, §202(3), Aug. 20, 1996, 110 

Stat. 1724.) 

AMENDMENTS

1996—Subsec. (c)(2). Pub. L. 104–186, §202(3)(A), substituted ‘‘Representatives, each’’ for ‘‘Representives, 

each’’. 

Subsec. (c)(5). Pub. L. 104–186, §202(3)(B), substituted 

‘‘and to the Sergeant at Arms of the House of Representatives, each two sets’’ for ‘‘, to the Sergeant at 

Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, two 

sets’’. 

§ 28d. Distribution of Precedents by Public Printer for official use; particular distribution; 

marking and ownership of sets 

(a) The Public Printer shall make the following distribution of sets of the Precedents; 

(1) to each standing or joint committee of 

the Congress which is in existence on October 

18, 1976, or which is established after October 

18, 1976, four sets; 

(2) to the office of the Legislative Counsel of 

the House of Representatives, five sets; 

(3) to the office of the Legislative Counsel of 

the Senate, five sets; 

(4) to the library of the House of Representatives, four sets; 

(5) to the library of the Senate, two sets; 

(6) to the library of the Supreme Court of 

the United States, nine sets; 

(7) to the office of the Official Reporter of 

Debates of the House of Representatives, three 

sets; and 

(8) to the office of the Official Reporter of 

Debates of the Senate, three sets. 

(b) Each set of Precedents distributed by the 

Public Printer under subsection (a) of this section shall be for official use. Each such set shall 

be legibly stamped on the front cover ‘‘Property 

of the United States Government.’’ Each such 

set, upon delivery, shall become and remain the 

property of the United States, and may not be 

removed from the building in which is located 

the designated library or office, as the case may 

be. 

(Pub. L. 94–551, §3, Oct. 18, 1976, 90 Stat. 2538.) 

§ 28e. Distribution of Precedents by Joint Committee on Printing of surplus sets; additional 

printing, etc., of sets under authority of Joint 

Committee 

(a) Any set of the Precedents printed and 

bound pursuant to subsection (a) of section 28b 

of this title, not needed to carry out the distributions required by sections 28b to 28e of this 

title, shall be distributed under the direction of 

the Joint Committee on Printing. 

(b) The Joint Committee on Printing may 

from time to time authorize and direct that additional sets of the Precedents, be printed, 

bound, and distributed in such manner as the 

Joint Committee determines will best carry out 

the purposes of sections 28b to 28e of this title. 

(Pub. L. 94–551, §4, Oct. 18, 1976, 90 Stat. 2538.) 

§ 29. Condensed and simplified versions of House 

precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner 

from Puerto Rico, and others; appointment 

and compensation of personnel; utilization of 

services of personnel of Federal agencies 

The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, 

for each Congress commencing with the Ninetythird Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative 

text prepared by the Parliamentarian and other 

useful related material in summary form. The 

Parliamentarian shall have such matter printed 

for each Congress on pages of such size and in 

such type and format as he considers advisable 

to promote the usefulness of such matter to the 

Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner 

from Puerto Rico, and may make such other distribution of such printed copies as he considers 

advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of 

personnel and utilize the services of personnel of 

the Library of Congress and the Government 

Printing Office. 

(Pub. L. 91–510, title III, §332, Oct. 26, 1970, 84 

Stat. 1186.) 

§ 54 TITLE 2—THE CONGRESS Page 172 

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 

3, 1971, see section 601(1) of Pub. L. 91–510, set out as an 

Effective Date of 1970 Amendment note under section 

72a of this title. 

CHAPTER 3—COMPENSATION AND 

ALLOWANCES OF MEMBERS 

§ 54. Annotated United States Code for Members 

of House of Representatives to be paid for 

from Members’ Representational Allowance 

(a) In general 

The Clerk of the House of Representatives 

shall, at the request of a Member of the House 

of Representatives, furnish to the Member, for 

official use only, one set of a privately published 

annotated version of the United States Code, including supplements and pocket parts. The furnishing of a set of the United States Code under 

this section shall be in lieu of any distribution 

under section 212 of title 1 and shall be paid for 

from the Members’ Representational Allowance. 

(b) ‘‘Member of the House of Representatives’’ 

defined 

As used in this section, the term ‘‘Member of 

the House of Representatives’’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress. 

(c) Regulations 

The Committee on House Oversight of the 

House of Representatives shall have authority 

to prescribe regulations to carry out this section. 

(Pub. L. 104–186, title I, §107, Aug. 20, 1996, 110 

Stat. 1723.) 

CODIFICATION

Section is comprised of section 107 of Pub. L. 104–186. 

Subsec. (d) of section 107 of Pub. L. 104–186 repealed 

former section 54 of this title. See Prior Provisions 

note below. 

PRIOR PROVISIONS

A prior section 54, based on H. Res. No. 506, Ninetieth 

Congress, Aug. 21, 1967, enacted into permanent law by 

Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318, related 

to procurement for House Members of sets of United 

States Code Annotated or Federal Code Annotated, 

prior to repeal by Pub. L. 104–186, title I, §107(d), Aug. 

20, 1996, 110 Stat. 1723. 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

§ 55. United States Code Annotated or United 

States Code Service; procurement for Senators 

In lieu of the volumes of the Code of Laws of 

the United States, and the supplements thereto, 

supplied a Senator under section 212 of title 1, 

the Secretary of the Senate is authorized and directed to supply to a Senator upon written request of, and as specified by, that Senator— 

(1) one copy of each of the volumes of the 

United States Code Annotated being published 

at the time the Senator takes office, and, as 

long as that Senator holds office, one copy of 

each replacement volume, each annual pocket 

part, and each pamphlet supplementing each 

such pocket part to the United States Code 

Annotated; or 

(2) one copy of each of the volumes of the 

United States Code Service being published at 

the time the Senator takes office, and, as long 

as the Senator holds office, one copy of each 

replacement volume and each pocket supplement to the United States Code Service. 

A Senator is entitled to make a written request 

under this paragraph and be supplied such volumes, pocket parts, and supplements the first 

time he takes office as a Senator and each time 

thereafter he takes office as a Senator after a 

period of time during which he has not been a 

Senator. In submitting such written request, the 

Senator shall certify that the volumes, pocket 

parts, or supplements he is to be supplied are to 

be for his exclusive, personal use. A Senator 

holding office on July 9, 1971, shall be entitled to 

file a written request and receive the volumes, 

pocket parts, and supplements, as the case may 

be, referred to in this paragraph if such request 

is filed within 60 days after July 9, 1971. Expenses incurred under this authorization shall 

be paid from the contingent fund of the Senate. 

(Pub. L. 92–51, July 9, 1971, 85 Stat. 129; Pub. L. 

92–607, ch. V, §501, Oct. 31, 1972, 86 Stat. 1504.) 

AMENDMENTS

1972—Pub. L. 92–607 substituted ‘‘United States Code 

Service’’ for ‘‘Federal Code Annotated’’ in two places. 

§ 56. Repealed. Pub. L. 104–186, title II, 

§ 203(20)(A), Aug. 20, 1996, 110 Stat. 1728 

Section, based on H. Res. No. 418, §2, Ninety-second 

Congress, May 18, 1971, enacted into permanent law by 

Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636, related 

to office expenses within District of Columbia of Delegate from District of Columbia. 

REIMBURSEMENT OF EXPENSES OF HOUSE MEMBERS; 

MEMBER OF HOUSE OF REPRESENTATIVES AND MEMBER DEFINED

Section 302(a), (b), and (d) of H. Res. No. 287, Ninetyfifth Congress, Mar. 2, 1977, enacted into permanent law 

by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, 

which related to reimbursement to Members of House 

of Representatives for official expenses incurred in the 

United States, was repealed by Pub. L. 104–186, title II, 

§203(20)(B), Aug. 20, 1996, 110 Stat. 1728. 

CHAPTER 4—OFFICERS AND EMPLOYEES OF 

SENATE AND HOUSE OF REPRESENTATIVES 

§§ 103, 104. Omitted 

CODIFICATION

Section 103, R.S. §62, authorized Secretary of Senate 

and Clerk of House to require disbursing officers subject to their authority to return analytical statements 

and receipts for expenditures and to communicate such 

returns annually to Congress. See sections 104a and 

104b of this title. 

Section 104, R.S. §63, required that all expenditures of 

Senate and House be made up to end of each fiscal year 

and reported to Congress at beginning of each regular 

session. See sections 104a and 104b of this title. 

Page 173 TITLE 2—THE CONGRESS § 104a 

1See References in Text note below. 

§ 104a. Semiannual statements of expenditures 

by Secretary of Senate and Chief Administrative Officer of House 

(1) Commencing with the semiannual period 

beginning on July 1, 1964, and ending on December 31, 1964, and for each semiannual period 

thereafter, the Secretary of the Senate and the 

Chief Administrative Officer of the House of 

Representatives shall compile, and, not later 

than sixty days following the close of the semiannual period, submit to the Senate and House 

of Representatives, respectively, and make 

available to the public, in lieu of the reports and 

information required by sections 102, 103, and 

104 1 of this title, and S. Res. 139, Eighty-sixth 

Congress, a report containing a detailed statement, by items, of the manner in which appropriations and other funds available for disbursement by the Secretary of the Senate or the 

Chief Administrative Officer of the House of 

Representatives, as the case may be, have been 

expended during the semiannual period covered 

by the report, including (1) the name of every 

person to whom any part of such appropriation 

has been paid, (2) if for anything furnished, the 

quantity and price thereof, (3) if for services rendered, the nature of the services, the time employed, and the name, title, and specific amount 

paid to each person, and (4) a complete statement of all amounts appropriated, received, or 

expended, and any unexpended balances. Such 

reports shall include the information contained 

in statements of accountability and supporting 

vouchers submitted to the Government Accountability Office pursuant to the provisions of 

section 3523(a) of title 31. Notwithstanding the 

foregoing provisions of this section, in any case 

in which the voucher or vouchers covering payment to any person for attendance as a witness 

before any committee of the Senate or House of 

Representatives, or any subcommittee thereof, 

during any semiannual period, indicate that all 

appearances of such person covered by such 

voucher or vouchers were as a witness in executive session of the committee or subcommittee, 

information regarding such payment, except for 

date of payment, voucher number, and amount 

paid, shall not be included in the report compiled pursuant to this subsection for such semiannual period. Any information excluded from a 

report for any semiannual period by reason of 

the foregoing sentence shall be included in the 

report compiled pursuant to this section for the 

succeeding semiannual period. Reports required 

to be submitted to the Senate and the House of 

Representatives under this section shall be 

printed as Senate and House documents, respectively. 

(2) The report by the Secretary of the Senate 

under paragraph (1) for the semiannual period 

beginning on January 1, 1976, shall include the 

period beginning on July 1, 1976, and ending on 

September 30, 1976, and such semiannual period 

shall be treated as closing on September 30, 1976. 

Thereafter, the report by the Secretary of the 

Senate under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and 

ending on September 30 of each year. 

(3) The report requirement relating to quantity, as contained in subparagraph (2) of paragraph (1), does not apply with respect to the 

Senate. 

(4) Each report by the Secretary of the Senate 

required by paragraph (1) shall contain a separate summary of Senate accounts statement for 

each office of the Senate authorized to obligate 

appropriated funds, including each Senator’s office, each officer of the Senate, and each committee of the Senate. The summary of Senate 

accounts statement shall include— 

(A) the total amount of appropriations made 

available or allocated to the office; 

(B) any supplemental appropriation, transfer 

of funds, or rescission and the effect of such 

action on the appropriation or allocation to 

the office; 

(C) total expenses incurred for salary and office expenses; and 

(D) the unexpended balance. 

(5)(A) Notwithstanding the requirements of 

paragraph (1) relating to the level of detail of 

statement and itemization, each report by the 

Secretary of the Senate required under such 

paragraph shall be compiled at a summary level 

for each office of the Senate authorized to obligate appropriated funds. 

(B) Subparagraph (A) shall not apply to the reporting of expenditures relating to personnel 

compensation, travel and transportation of persons, other contractual services, and acquisition 

of assets. 

(C) In carrying out this paragraph the Secretary of the Senate shall apply the Standard 

Federal Object Classification of Expenses as the 

Secretary determines appropriate. 

(Pub. L. 88–454, §105(a), Aug. 20, 1964, 78 Stat. 550; 

Pub. L. 88–656, Oct. 13, 1964, 78 Stat. 1088; Pub. L. 

94–303, title I, §118(b)(1), June 1, 1976, 90 Stat. 615; 

Pub. L. 102–392, title I, §6, Oct. 6, 1992, 106 Stat. 

1707; Pub. L. 103–283, title I, §3(a), July 22, 1994, 

108 Stat. 1426; Pub. L. 104–186, title II, §204(54), 

Aug. 20, 1996, 110 Stat. 1738; Pub. L. 106–554, 

§1(a)(2) [title I, §1(a)], Dec. 21, 2000, 114 Stat. 

2763, 2763A–95; Pub. L. 108–271, §8(b), July 7, 2004, 

118 Stat. 814.) 

INAPPLICABILITY OF SECTION TO HOUSE OF

REPRESENTATIVES

Provisions of this section requiring submission 

and printing of statements and reports not applicable to the House of Representatives, see 

section 104b(e) of this title. 

REFERENCES IN TEXT

Section 102 of this title, referred to in par. (1), was repealed by Pub. L. 104–186, title II, §204(52), Aug. 20, 1996, 

110 Stat. 1737. 

Sections 103 and 104 of this title, referred to in par. 

(1), were omitted from the Code. 

CODIFICATION

In par. (1), ‘‘section 3523(a) of title 31’’ substituted for 

‘‘section 117(a) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 67(a))’’ on authority of Pub. 

L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. 

Section is based on the first paragraph of section 105 

(a) of Pub. L. 88–454. Remainder of section 105(a) was 

classified to section 67 of former Title 31, which was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 

§ 104b TITLE 2—THE CONGRESS Page 174 

1See References in Text note below. 

1068, and reenacted as section 3523 of Title 31, Money 

and Finance. 

AMENDMENTS

2004—Par. (1). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting 

Office’’. 

2000—Par. (5). Pub. L. 106–554 added par. (5). 

1996—Par. (1). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’ in two places. 

1994—Pub. L. 103–283 added par. (4). 

1992—Pub. L. 102–392 added par. (3). 

1976—Pub. L. 94–303 designated existing provisions as 

par. (1) and added par. (2). 

1964—Pub. L. 88–656 provided that information regarding persons paid by voucher for appearances as a witness before any committee of Congress in executive session shall not be included in semiannual report except 

for date of payment, voucher number, and amount paid, 

however, any information so excluded shall be included 

in next succeeding semiannual period. 

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106–554, §1(a)(2) [title I, §1(b)], Dec. 21, 2000, 

114 Stat. 2763, 2763A–96, provided that: 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

amendment made by this section [amending this section] shall take effect on the date of enactment of this 

Act [Dec. 21, 2000]. 

‘‘(2) FIRST REPORT AFTER ENACTMENT.—The Secretary 

of the Senate may elect to compile and submit the report for the semiannual period during which the date of 

enactment of this section occurs, as if the amendment 

made by this section had not been enacted.’’ 

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103–283 effective with respect 

to reports and statements covering periods beginning 

on and after Oct. 1, 1994, and appropriations made and 

obligations incurred on and after such date, see section 

3(c) of Pub. L. 103–283, set out as a note under section 

59f of this title. 

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions 

of law requiring submittal to Congress of any annual, 

semiannual, or other regular periodic report listed in 

House Document No. 103–7 (in which the report required 

by this section is listed on page 1), see section 3003 of 

Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. 

§ 104b. Report of disbursements for House of 

Representatives 

(a) In general 

Not later than 60 days after the last day of 

each semiannual period, the Chief Administrative Officer of the House of Representatives 

shall submit to the House of Representatives, 

with respect to that period, a detailed, itemized 

report of the disbursements for the operations of 

the House of Representatives. 

(b) Contents 

The report required by subsection (a) of this 

section shall include— 

(1) the name of each person who receives a 

payment from the House of Representatives; 

(2) the quantity and price of any item furnished to the House of Representatives; 

(3) a description of any service rendered to 

the House of Representatives, together with a 

statement of the time required for the service, 

and the name, title, and amount paid to each 

person who renders the service; 

(4) a statement of all amounts appropriated 

to, or received, or expended by the House of 

Representatives, and any unexpended balances 

of such amounts; 

(5) the information submitted to the Comptroller General under section 3523(a) of title 31; 

and 

(6) such additional information as may be required by regulation of the Committee on 

House Oversight of the House of Representatives. 

(c) Exclusion 

Notwithstanding subsection (b) of this section, 

if a voucher is for payment to an individual for 

attendance as a witness before a committee of 

the Congress in executive session, the report for 

the semiannual period in which the appearance 

occurs shall show only the date of payment, 

voucher number, and amount paid. Any information excluded from a report under the preceding 

sentence shall be included in the report for the 

next period. 

(d) House document 

Each report under this section shall be printed 

as a House document. 

(e) Conforming provision 

The provisions of— 

(1) sections 102, 103, and 104 1 of this title; and 

(2) section 104a of this title; 

that require submission and printing of statements and reports are not applicable to the 

House of Representatives. 

(f) Effective date 

This section shall apply to the semiannual periods of January 1 through June 30 and July 1 

through December 31 of each year, beginning 

with the semiannual period in which this section is enacted. 

(Pub. L. 104–186, title I, §106, Aug. 20, 1996, 110 

Stat. 1722.) 

REFERENCES IN TEXT

Section 102 of this title, referred to in subsec. (e)(1), 

was repealed by Pub. L. 104–186, title II, §204(52), Aug. 

20, 1996, 110 Stat. 1737. 

Sections 103 and 104 of this title, referred to in subsec. (e)(1), were omitted from the Code. 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

SIMILAR PROVISIONS

Provisions similar to those in this section are contained in section 104a of this title, but were made inapplicable to the House of Representatives by subsec. (e) 

of this section. 

REPORTING PAYMENTS MADE TO WITNESSES BEFORE

COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT

Pub. L. 105–275, title I, §105, Oct. 21, 1998, 112 Stat. 

2439, provided that: ‘‘Notwithstanding any other provision of law or any other rule or regulation, any information on payments made by the Committee on Standards of Official Conduct of the House of Representatives 

Page 175 TITLE 2—THE CONGRESS § 104e 

to an individual for attendance as a witness before the 

Committee in executive session during a Congress shall 

be reported not later than the second semiannual report filed under section 106 of the House of Representatives Administrative Reform Technical Corrections Act 

(2 U.S.C. 104b) in the following Congress.’’ 

§ 104c. Preservation of reports, statements, or 

documents filed with Clerk of House 

(a) If the Clerk of the House of Representatives is required under any law, rule, or regulation to make available for public inspection a 

report, statement, or other document filed with 

the Office of the Clerk, the Clerk shall preserve 

the report, statement, or document— 

(1) for a period of 6 years from the date on 

which the document is filed; or 

(2) if the law, rule, or regulation so provides, 

the period required under such law, rule, or 

regulation. 

(b) Subsection (a) of this section shall apply 

with respect to reports, statements, and documents filed before, on, or after December 8, 2004. 

(Pub. L. 108–447, div. G, title I, §106, Dec. 8, 2004, 

118 Stat. 3176.) 

CODIFICATION

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005. 

§ 104d. Notification of post-employment restrictions for Members of Congress and employees 

(a) Notification of post-employment restrictions 

After a Member of Congress or an elected officer of either House of Congress leaves office, or 

after the termination of employment with the 

House of Representatives or the Senate of an 

employee who is covered under paragraph (2), 

(3), (4), or (5) of section 207(e) of title 18, the 

Clerk of the House of Representatives, after consultation with the Committee on Standards of 

Official Conduct, or the Secretary of the Senate, 

as the case may be, shall notify the Member, officer, or employee of the beginning and ending 

date of the prohibitions that apply to the Member, officer, or employee under section 207(e) of 

that title. 

(b) Posting on Internet 

The Clerk of the House of Representatives, 

with respect to notifications under subsection 

(a) relating to Members, officers, and employees 

of the House, and the Secretary of the Senate, 

with respect to such notifications relating to 

Members, officers, and employees of the Senate, 

shall post the information contained in such notifications on the public Internet site of the Office of the Clerk or the Secretary of the Senate, 

as the case may be, in a format that, to the extent technically practicable, is searchable, sortable, and downloadable. 

(Pub. L. 110–81, title I, §103, Sept. 14, 2007, 121 

Stat. 739.) 

EFFECTIVE DATE

Pub. L. 110–81, title I, §105(c), Sept. 14, 2007, 121 Stat. 

741, provided that: 

‘‘(1) NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.—Subsection (a) of section 103 [2 U.S.C. 104d(a)] 

shall take effect on the 60th day after the date of the 

enactment of this Act [Sept. 14, 2007]. 

‘‘(2) POSTING OF INFORMATION.—Subsection (b) of section 103 [2 U.S.C. 104d(b)] shall take effect January 1, 

2008, except that the Secretary of the Senate and the 

Clerk of the House of Representatives shall post the information contained in notifications required by that 

subsection that are made on or after the effective date 

provided under paragraph (1) of this subsection.’’ 

§ 104e. Posting of travel and financial disclosure 

reports on public website of Clerk of the 

House of Representatives 

(a) Requiring posting on Internet 

The Clerk of the House of Representatives 

shall post on the public Internet site of the Office of the Clerk, in a format that is searchable, 

sortable, and downloadable, to the extent technically practicable, each of the following: 

(1) The advance authorizations, certifications, and disclosures filed with respect to 

transportation, lodging, and related expenses 

for travel under clause 5(b) of rule XXV of the 

Rules of the House of Representatives by 

Members (including Delegates and Resident 

Commissioners to the Congress), officers, and 

employees of the House. 

(2) The reports filed under section 103(h)(1) of 

the Ethics in Government Act of 1978 by Members of the House of Representatives (including Delegates and Resident Commissioners to 

the Congress). 

(b) Applicability and timing 

(1) Applicability 

Subject to paragraph (2), subsection (a) shall 

apply with respect to information received by 

the Clerk of the House of Representatives on 

or after September 14, 2007. 

(2) Timing 

The Clerk of the House of Representatives 

shall— 

(A) not later than August 1, 2008, post the 

information required by subsection (a) that 

the Clerk receives by June 1, 2008; and 

(B) not later than the end of each 45-day 

period occurring after information is required to be posted under subparagraph (A), 

post the information required by subsection 

(a) that the Clerk has received since the last 

posting under this subsection. 

(3) Omission of personally identifiable information 

Members of the House of Representatives 

(including Delegates and Resident Commissioners to the Congress) shall be permitted to 

omit personally identifiable information not 

required to be disclosed on the reports posted 

on the public Internet site under this section 

(such as home address, Social Security numbers, personal bank account numbers, home 

telephone, and names of children) prior to the 

posting of such reports on such public Internet 

site. 

(4) Assistance in protecting personal information 

The Clerk of the House of Representatives, 

in consultation with the Committee on Standards of Official Conduct, shall include in any 

§ 104f TITLE 2—THE CONGRESS Page 176 

1So in original. No subsec. (d) has been enacted. 

informational materials concerning any disclosure that will be posted on the public Internet site under this section an explanation of 

the procedures for protecting personally identifiable information as described in this section. 

(c) Retention 

The Clerk shall maintain the information 

posted on the public Internet site of the Office of 

the Clerk under this section for a period of 6 

years after receiving the information. 

(Pub. L. 110–81, title III, §304, Sept. 14, 2007, 121 

Stat. 752.) 

REFERENCES IN TEXT

Section 103(h)(1) of the Ethics in Government Act of 

1978, referred to in subsec. (a)(2), is section 103(h)(1) of 

Pub. L. 95–521, which is set out in the Appendix to Title 

5, Government Organization and Employees. 

EXERCISE OF RULEMAKING AUTHORITY

Pub. L. 110–81, title III, §306, Sept. 14, 2007, 121 Stat. 

754, provided that: ‘‘The provisions of this title [enacting this section] are adopted by the House of Representatives— 

‘‘(1) as an exercise of the rulemaking power of the 

House; and 

‘‘(2) with full recognition of the constitutional 

right of the House to change those rules at any time, 

in the same manner, and to the same extent as in the 

case of any other rule of the House.’’ 

§ 104f. Notification of post-employment restrictions for Senators and employees 

(a) In general 

After a Senator or an elected officer of the 

Senate leaves office or after the termination of 

employment with the Senate of an employee of 

the Senate, the Secretary of the Senate shall 

notify the Member, officer, or employee of the 

beginning and ending date of the prohibitions 

that apply to the Member, officer, or employee 

under rule XXXVII of the Standing Rules of the 

Senate. 

(b) Effective date 

This section shall take effect 60 days after 

September 14, 2007. 

(Pub. L. 110–81, title V, §535, Sept. 14, 2007, 121 

Stat. 766.) 

§ 104g. Senate privately paid travel public 

website 

(a) Travel disclosure 

Not later than January 1, 2008, the Secretary 

of the Senate shall establish a publicly available 

website without fee or without access charge, 

that contains information on travel that is subject to disclosure under paragraph 2 of rule 

XXXV of the Standing Rules of the Senate, that 

includes, with respect to travel occurring on or 

after January 1, 2008— 

(1) a search engine; 

(2) uniform categorization by Member, dates 

of travel, and any other common categories 

associated with congressional travel; and 

(3) forms filed in the Senate relating to officially related travel. 

(b) Retention 

The Secretary of the Senate shall maintain 

the information posted on the public Internet 

site of the Office of the Secretary under this section for a period not longer than 4 years after receiving the information. 

(c) Extension of authority 

If the Secretary of the Senate is unable to 

meet the deadline established under subsection 

(a), the Committee on Rules and Administration 

of the Senate may grant an extension of the 

Secretary of the Senate. 

(e) 1 Authorization of appropriations 

There are authorized to be appropriated such 

sums as are necessary to carry out this section. 

(Pub. L. 110–81, title V, §546, Sept. 14, 2007, 121 

Stat. 772.) 

§ 105. Preparation and contents of statement of 

appropriations 

The statement of all appropriations made during each session of Congress shall be prepared 

under the direction of the Committees on Appropriations of the Senate and House of Representatives, and said statement shall contain a 

chronological history of the regular appropriation bills passed during the session for which it 

is prepared. The statement shall indicate the 

amount of contracts authorized by appropriation Acts in addition to appropriations made 

therein, and shall also contain specific reference 

to all indefinite appropriations made each session and shall contain such additional information concerning estimates and appropriations as 

the committees may deem necessary. 

(Oct. 19, 1888, ch. 1210, §1, 25 Stat. 587; July 19, 

1897, ch. 9, 30 Stat. 136; June 7, 1924, ch. 303, §1, 

43 Stat. 586.) 

§ 106. Stationery for Senate; advertisements for 

The Secretary of the Senate shall annually advertise, once a week for at least four weeks, in 

one or more of the principal papers published in 

the District of Columbia, for sealed proposals for 

supplying the Senate during the next session of 

Congress with the necessary stationery. The advertisement must describe the kind of stationery required, and must require the proposals 

to be accompanied with sufficient security for 

their performance. 

(R.S. §§65, 66; Feb. 18, 1875, ch. 80, §1, 18 Stat. 316; 

Pub. L. 104–186, title II, §204(55), Aug. 20, 1996, 110 

Stat. 1738.) 

CODIFICATION

R.S. §§65, 66 derived from Res. Mar. 3, 1815, No. 11, 3 

Stat. 249. 

First sentence of section is based on R.S. §65; second 

sentence of section is based on R.S. §66. 

AMENDMENTS

1996—Pub. L. 104–186 struck out ‘‘and Clerk of the 

House of Representatives’’ after ‘‘Secretary of the Senate’’ and ‘‘and House of Representatives, respectively,’’ 

after ‘‘supplying the Senate’’. 

§ 107. Opening bids for Senate and House stationery; awarding contracts 

All such proposals shall be kept sealed until 

the day specified in such advertisement for 

Page 177 TITLE 2—THE CONGRESS § 116 

opening the same, when the same shall be 

opened in the presence of at least two persons, 

and the contract shall be given to the lowest 

bidder, provided he shall give satisfactory security to perform the same, under a forfeiture not 

exceeding double the contract price in case of 

failure; and in case the lowest bidder shall fail 

to enter into such contract and give such security, within a time to be fixed in such advertisement, then the contract shall be given to the 

next lowest bidder, who shall enter into such 

contract, and give such security. And in case of 

failure by the person entering into such contract to perform the same, he and his sureties 

shall be liable for the forfeiture specified in such 

contract, as liquidated damages, to be sued for 

in the name of the United States. 

(R.S. §67; Feb. 18, 1875, ch. 80, §1, 18 Stat. 316.) 

CODIFICATION

R.S. §67 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 

249. 

§ 108. Contracts for separate parts of Senate stationery 

Sections 106 and 107 of this title shall not prevent the Secretary from contracting for separate parts of the supplies of stationery required 

to be furnished. 

(R.S. §68; Pub. L. 104–186, title II, §204(56), Aug. 

20, 1996, 110 Stat. 1738.) 

CODIFICATION

R.S. §68 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 

249. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘the Secretary’’ for 

‘‘either the Secretary or the Clerk’’. 

§ 109. American goods to be preferred in purchases for Senate and House 

The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives shall, in disbursing the public moneys for 

the use of the two Houses, respectively, purchase only articles the growth and manufacture 

of the United States, provided the articles required can be procured of such growth and manufacture upon as good terms as to quality and 

price as are demanded for like articles of foreign 

growth and manufacture. 

(R.S. §69; Pub. L. 104–186, title II, §204(57), Aug. 

20, 1996, 110 Stat. 1738.) 

CODIFICATION

R.S. §69 derived from act June 17, 1844, ch. 105, §1, 5 

Stat. 681. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’. 

§ 110. Purchase of paper, envelopes, etc., for stationery rooms of Senate and House 

Paper, envelopes, and blank books required by 

the stationery rooms of the Senate and House of 

Representatives for sale to Senators and Members for official use may be purchased from the 

Public Printer at actual cost thereof and payment therefor shall be made before delivery. 

(June 5, 1920, ch. 253, §1, 41 Stat. 1036.) 

CHANGE OF NAME

Stationery room of House of Representatives redesignated Office Supply Service. 

§ 113. Detailed reports of receipts and expenditures by Secretary of Senate and Chief Administrative Officer of House 

The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, respectively, shall report to Congress on 

the first day of each regular session, and at the 

expiration of their terms of service, a full and 

complete statement of all their receipts and expenditures as such officers, showing in detail the 

items of expense, classifying them under the 

proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and 

concise manner the exact condition of all public 

moneys by them received, paid out, and remaining in their possession as such officers. 

(R.S. §70; Pub. L. 104–186, title II, §204(60), Aug. 

20, 1996, 110 Stat. 1738.) 

CODIFICATION

R.S. §70 derived from act July 15, 1870, ch. 302, §1, 16 

Stat. 365. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’. 

§ 114. Fees for copies from Senate journals 

The Secretary of the Senate is entitled, for 

transcribing and certifying extracts from the 

journal of the Senate or the executive Journal 

of the Senate when the injunction of secrecy has 

been removed, except when such transcripts are 

required by an officer of the United States in a 

matter relating to the duties of his office, to receive from the persons for whom such transcripts are prepared the sum of 10 cents for each 

sheet containing one hundred words. 

(R.S. §71; Pub. L. 104–186, title II, §204(61), Aug. 

20, 1996, 110 Stat. 1738.) 

CODIFICATION

R.S. §71 derived from acts Sept. 15, 1789, ch. 14, §6, 1 

Stat. 69; Aug. 8, 1846, ch. 107, §2, 9 Stat. 80; and Apr. 23, 

1856, ch. 20, 11 Stat. 5. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Secretary of the 

Senate is’’ for ‘‘Secretary of the Senate and the Clerk 

of the House of Representatives, respectively, are’’ and 

struck out ‘‘or from the journal of the House of Representatives,’’ after ‘‘has been removed,’’. 

§ 115. Index to House daily calendar 

The index to the daily calendar of business of 

the House of Representatives shall be printed 

only on Monday of each week. 

(Mar. 1, 1921, ch. 89, §1, 41 Stat. 1181.) 

§ 116. Repealed. May 29, 1928, ch. 901, § 1, 45 Stat. 

995 

Section, R.S. §72, related to accounting by the Secretaries, Clerks, Sergeant at Arms, Postmasters, and 

Doorkeepers of Senate and House for property of the 

Government in their possession. 

§ 117 TITLE 2—THE CONGRESS Page 178 

§ 117. Sale of waste paper and condemned furniture 

It shall be the duty of the Secretary and Sergeant at Arms of the Senate to cause to be sold 

all waste paper and useless documents and condemned furniture that may accumulate, in their 

respective departments or offices, under the direction of the Committee on Rules and Administration of the Senate and cover the proceeds 

thereof into the Treasury. 

(Aug. 7, 1882, ch. 433, §1, 22 Stat. 337; May 29, 

1928, ch. 901, §1(122), 45 Stat. 995; Pub. L. 104–186, 

title II, §204(62), Aug. 20, 1996, 110 Stat. 1739.) 

AMENDMENTS

1996—Pub. L. 104–186 struck out ‘‘Clerk and Doorkeeper of the House of Representatives and the’’ before 

‘‘Secretary and’’ and substituted ‘‘direction of the 

Committee on Rules and Administration of the Senate 

and cover’’ for ‘‘direction of the Committee on Accounts of their respective houses and cover’’. 

REPORT ON SALES DISCONTINUED

Par. 122 of act May 29, 1928, provided for the discontinuance of reports on waste paper, etc., as follows: 

‘‘122. Reports by the Clerk and Doorkeeper of the House 

and the Secretary and Sergeant at Arms of the Senate 

of the sales of waste paper and useless documents and 

condemned furniture, and so forth.’’ 

§ 117a. Omitted 

CODIFICATION

Section, acts July 1, 1941, ch. 268, 55 Stat. 454; June 8, 

1942, ch. 396, 56 Stat. 338; June 28, 1943, ch. 173, title I, 

57 Stat. 228; June 26, 1944, ch. 277, title I, 58 Stat. 343; 

June 13, 1945, ch. 189, 59 Stat. 248; July 1, 1946, ch. 530, 

60 Stat. 397, related to depositing in Treasury sums received from sale of transcripts of House committee 

hearings, and applied only to fiscal years covered by 

such acts. Permanent provisions were enacted by act 

July 17, 1947, ch. 262, 61 Stat. 365, and classified to section 84b of this title. 

CHAPTER 5—LIBRARY OF CONGRESS 

§ 168. Constitution of the United States; preparation and publication of revised edition; annotations; supplements; decennial editions and 

supplements 

The Librarian of Congress shall have prepared— 

(1) a hardbound revised edition of the Constitution of the United States of America— 

Analysis and Interpretation, published as Senate Document Numbered 39, Eighty-eighth 

Congress (referred to hereinafter as the ‘‘Constitution Annotated’’), which shall contain annotations of decisions of the Supreme Court of 

the United States through the end of the October 1971 term of the Supreme Court, construing provisions of the Constitution; 

(2) upon the completion of each of the October 1973, October 1975, October 1977, and October 1979 terms of the Supreme Court, a cumulative pocket-part supplement to the 

hardbound revised edition of the Constitution 

Annotated prepared pursuant to clause (1), 

which shall contain cumulative annotations of 

all such decisions rendered by the Supreme 

Court after the end of the October 1971 term; 

(3) upon the completion of the October 1981 

term of the Supreme Court, and upon the completion of each tenth October term of the Supreme Court thereafter, a hardbound decennial 

revised edition of the Constitution Annotated, 

which shall contain annotations of all decisions theretofore rendered by the Supreme 

Court construing provisions of the Constitution; and 

(4) upon the completion of the October 1983 

term of the Supreme Court, and upon the completion of each subsequent October term of the 

Supreme Court beginning in an odd-numbered 

year (the final digit of which is not a 1), a cumulative pocket-part supplement to the most 

recent hardbound decennial revised edition of 

the Constitution Annotated, which shall contain cumulative annotations of all such decisions rendered by the Supreme Court which 

were not included in that hardbound decennial 

revised edition of the Constitution Annotated. 

(Pub. L. 91–589, §1, Dec. 24, 1970, 84 Stat. 1586.) 

§ 168a. Printing of Constitution Annotated as 

Senate documents 

All hardbound revised editions and all cumulative pocket-part supplements shall be printed 

as Senate documents. 

(Pub. L. 91–589, §2, Dec. 24, 1970, 84 Stat. 1586.) 

§ 168b. Printing and distribution of additional 

copies of Constitution Annotated 

There shall be printed four thousand eight 

hundred and seventy additional copies of the 

hardbound revised editions prepared pursuant to 

clause (1) of section 168 of this title and of all 

cumulative pocket-part supplements thereto, of 

which two thousand six hundred and thirty-four 

copies shall be for the use of the House of Representatives, one thousand two hundred and 

thirty-six copies shall be for the use of the Senate, and one thousand copies shall be for the use 

of the Joint Committee on Printing. All Members of the Congress, Vice Presidents of the 

United States, and Delegates and Resident Commissioners, newly elected subsequent to the 

issuance of the hardbound revised edition prepared pursuant to such clause and prior to the 

first hardbound decennial revised edition, who 

did not receive a copy of the edition prepared 

pursuant to such clause, shall, upon timely request, receive one copy of such edition and the 

then current cumulative pocket-part supplement and any further supplements thereto. All 

Members of the Congress, Vice Presidents of the 

United States, and Delegates and Resident Commissioners, no longer serving after the issuance 

of the hardbound revised edition prepared pursuant to such clause and who received such edition, may receive one copy of each cumulative 

pocket-part supplement thereto upon timely request. 

(Pub. L. 91–589, §3, Dec. 24, 1970, 84 Stat. 1586.) 

§ 168c. Printing and distribution of decennial 

editions and supplements to Constitution Annotated 

Additional copies of each hardbound decennial 

revised edition and of the cumulative pocketpart supplements thereto shall be printed and 

distributed in accordance with the provisions of 

Page 179 TITLE 2—THE CONGRESS § 183 

any concurrent resolution hereafter adopted 

with respect thereto. 

(Pub. L. 91–589, §4, Dec. 24, 1970, 84 Stat. 1587.) 

§ 168d. Authorization of appropriations for Constitution Annotated 

There are authorized to be appropriated such 

sums, to remain available until expended, as 

may be necessary to carry out the provisions of 

sections 168 to 168d of this title. 

(Pub. L. 91–589, §5, Dec. 24, 1970, 84 Stat. 1587.) 

§ 180. Legislative information retrieval system 

(a) Purpose 

The purpose of this section is to reduce the 

cost of information support for the Congress by 

eliminating duplication among systems which 

provide electronic access by Congress to legislative information. 

(b) ‘‘Legislative information’’ defined 

As used in this section, the term ‘‘legislative 

information’’ means information, prepared within the legislative branch, consisting of the text 

of publicly available bills, amendments, committee hearings, and committee reports, the 

text of the Congressional Record, data relating 

to bill status, data relating to legislative activity, and other similar public information that is 

directly related to the legislative process. 

(c) Development of single system to serve entire 

Congress 

Pursuant to the plan approved under subsection (d) of this section and consistent with 

the provisions of any other law, the Library of 

Congress or the entity designated by that plan 

shall develop and maintain, in coordination with 

other appropriate entities of the legislative 

branch, a single legislative information retrieval system to serve the entire Congress. 

(d) Development and approval of plan 

The Library shall develop a plan for creation 

of this system, taking into consideration the 

findings and recommendations of the study directed by House Report No. 103–517 to identify 

and eliminate redundancies in congressional information systems. This plan must be approved 

by the Committee on Rules and Administration 

of the Senate, the Committee on House Oversight of the House of Representatives, and the 

Committees on Appropriations of the Senate 

and the House of Representatives. The Library 

shall provide these committees with regular status reports on the development of the plan. 

(e) Availability of information to public 

In formulating its plan, the Library shall examine issues regarding efficient ways to make 

this information available to the public. This 

analysis shall be submitted to the Committees 

on Appropriations of the Senate and the House 

of Representatives as well as the Committee on 

Rules and Administration of the Senate, and the 

Committee on House Oversight of the House of 

Representatives for their consideration and possible action. 

(Pub. L. 104–53, title II, §209, Nov. 19, 1995, 109 

Stat. 532.) 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

§ 181. Program for exchange of information 

among legislative branch agencies 

(a) On September 16, 1996, there shall be established a program for providing the widest possible exchange of information among legislative 

branch agencies with the long-range goal of improving information technology planning and 

evaluation. The Committee on House Oversight 

of the House of Representatives and the Committee on Rules and Administration of the Senate are requested to determine the structure and 

operation of this program and to provide appropriate oversight. All of the appropriate offices 

and agencies of the legislative branch as defined 

below shall participate in this program for information exchange, and shall report annually on 

the extent and nature of their participation in 

their budget submissions to the Committee on 

Appropriations of the House of Representatives 

and the Committee on Appropriations of the 

Senate. 

(b) As used in this section— 

(1) the term ‘‘offices and agencies of the legislative branch’’ means, the office of the Clerk 

of the House, the office of the Secretary of the 

Senate, the office of the Architect of the Capitol, the Government Accountability Office, 

the Government Printing Office, the Library 

of Congress, the Congressional Research Service, the Congressional Budget Office, the Chief 

Administrative Officer of the House of Representatives, and the Sergeant at Arms of the 

Senate; and 

(2) the term ‘‘technology’’ refers to any form 

of computer hardware and software; computerbased systems, services, and support for the 

creation, processing, exchange, and delivery of 

information; and telecommunications systems, and the associated hardware and software, that provide for voice, data, or image 

communication. 

(Pub. L. 104–197, title III, §314, Sept. 16, 1996, 110 

Stat. 2415; Pub. L. 108–271, §8(b), July 7, 2004, 118 

Stat. 814.) 

AMENDMENTS

2004—Subsec. (b)(1). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’. 

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 

§ 183. Written history of the House of Representatives 

(a) In general 

Subject to available funding and in accordance 

with the requirements of this section and section 183a of this title, the Librarian of Congress 

shall prepare, print, distribute, and arrange for 

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§ 285 TITLE 2—THE CONGRESS Page 180 

tory of the House of Representatives, in consultation with the Committee on House Administration. In preparing this written history, the 

Librarian of Congress shall consult, commission, 

or engage the services or participation of, eminent historians, Members, and former Members 

of the House of Representatives. 

(b) Guidelines 

In carrying out subsection (a) of this section, 

the Librarian of Congress shall take into account the following: 

(1) The history should be an illustrated, narrative history of the House of Representatives, 

organized chronologically. 

(2) The history’s intended audience is the 

general reader, as well as Members of Congress 

and their staffs. 

(3) The history should include a discussion of 

the First and Second Continental Congresses 

and the Constitutional Convention, especially 

with regard to their roles in creating the 

House of Representatives. 

(c) Printing 

(1) In general 

The Librarian of Congress shall arrange for 

the printing of the history. 

(2) Printing arrangements 

The printing may be performed— 

(A) by the Public Printer pursuant to the 

provisions of chapter 5 of title 44; 

(B) under a cooperative arrangement 

among the Librarian of Congress, a private 

funding source obtained pursuant to subsection (e) of this section, and a publisher in 

the private sector; or 

(C) under subparagraphs (A) and (B). 

(3) Internet dissemination 

Any arrangement under paragraph (2) shall 

include terms for dissemination of excerpts of 

the history over the Internet via facilities 

maintained by the United States Government. 

(4) Member copies 

To the extent that the history is printed by 

the Public Printer, copies of the history provided to the Congress under subsection (d) of 

this section shall be charged to the Government Printing Office’s congressional allotment for printing and binding. 

(d) Distribution 

The Librarian of Congress shall make the history available for sale to the public, and shall 

make available, free of charge, 5 copies to each 

Member of the House of Representatives and 250 

copies to the Senate. 

(e) Private funding 

The Librarian of Congress shall solicit and accept funding for the preparation, publication, 

marketing, and public distribution of the history from private individuals, organizations, or 

entities. 

(Pub. L. 106–99, §2, Nov. 12, 1999, 113 Stat. 1330; 

Pub. L. 108–7, div. H, title I, §1305, Feb. 20, 2003, 

117 Stat. 379.) 

REFERENCES IN TEXT

This section and section 183a of this title, referred to 

in subsec. (a), was in the original ‘‘this Act’’, meaning 

Pub. L. 106–99, which enacted this section and section 

183a of this title and provisions set out as a note under 

this section. For complete classification of this Act to 

the Code, see Short Title note set out under this section and Tables. 

CHAPTER 9A—OFFICE OF LAW REVISION 

COUNSEL 

Sec. 

285. Establishment. 

285a. Purpose and policy. 

285b. Functions. 

285c. Law Revision Counsel. 

285d. Staff; Deputy Law Revision Counsel; delegation of functions. 

285e. Compensation. 

285f. Expenditures. 

285g. Availability of applicable accounts of House. 

§ 285. Establishment 

There is established in the House of Representatives an office to be known as the Office 

of the Law Revision Counsel, referred to hereinafter in this chapter as the ‘‘Office’’. 

(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 

88 Stat. 1777.) 

CODIFICATION

Section is based on section 205(a) of House Resolution 

No. 988, Ninety-third Congress, Oct. 8, 1974, which was 

enacted into permanent law by Pub. L. 93–554. 

EFFECTIVE DATE

Section 101 of Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, into permanent law is effective on 

Jan. 2, 1975. This chapter is derived from enactment 

into permanent law of section 205 of House Resolution 

No. 988. 

§ 285a. Purpose and policy 

The principal purpose of the Office shall be to 

develop and keep current an official and positive 

codification of the laws of the United States. 

The Office shall maintain impartiality as to 

issues of legislative policy to be determined by 

the House. 

(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 

88 Stat. 1777.) 

CODIFICATION

Section is based on section 205(b) of House Resolution 

No. 988, Ninety-third Congress, Oct. 8, 1974, which was 

enacted into permanent law by Pub. L. 93–554. 

§ 285b. Functions 

The functions of the Office shall be as follows: 

(1) To prepare, and submit to the Committee 

on the Judiciary one title at a time, a complete compilation, restatement, and revision 

of the general and permanent laws of the 

United States which conforms to the understood policy, intent, and purpose of the Congress in the original enactments, with such 

amendments and corrections as will remove 

ambiguities, contradictions, and other imperfections both of substance and of form, separately stated, with a view to the enactment of 

each title as positive law. 

(2) To examine periodically all of the public 

laws enacted by the Congress and submit to 

the Committee on the Judiciary recommendaVerDate Nov 24 2008 09:23 Mar 08, 2010 Jkt 052674 PO 00000 Frm 00188 Fmt 5800 Sfmt 5800 C:\DOCUME~1\DPROCTOR\DESKTOP\TITLE4~1.TXT SHAUN PsN: DPROCT
Page 181 TITLE 2—THE CONGRESS § 2104 

tions for the repeal of obsolete, superfluous, 

and superseded provisions contained therein. 

(3) To prepare and publish periodically a new 

edition of the United States Code (including 

those titles which are not yet enacted into 

positive law as well as those titles which have 

been so enacted), with annual cumulative supplements reflecting newly enacted laws. 

(4) To classify newly enacted provisions of 

law to their proper positions in the Code where 

the titles involved have not yet been enacted 

into positive law. 

(5) To prepare and submit periodically such 

revisions in the titles of the Code which have 

been enacted into positive law as may be necessary to keep such titles current. 

(6) To prepare and publish periodically new 

editions of the District of Columbia Code, with 

annual cumulative supplements reflecting 

newly enacted laws, through publication of 

the fifth annual cumulative supplement to the 

1973 edition of such Code. 

(7) To provide the Committee on the Judiciary with such advice and assistance as the 

committee may request in carrying out its 

functions with respect to the revision and 

codification of the Federal statutes. 

(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 

88 Stat. 1777; Pub. L. 94–386, §1, Aug. 14, 1976, 90 

Stat. 1170.) 

CODIFICATION

Section is based on section 205(c) of House Resolution 

No. 988, Ninety-third Congress, Oct. 8, 1974, which was 

enacted into permanent law by Pub. L. 93–554. 

AMENDMENTS

1976—Par. (6). Pub. L. 94–386 substituted ‘‘through 

publication of the fifth annual cumulative supplement 

to the 1973 edition of such Code’’ for ‘‘until such time 

as the District of Columbia Self–Government and Governmental Reorganization Act becomes effective’’. 

PREPARATION AND PUBLICATION OF DISTRICT OF COLUMBIA CODE UNDER DIRECTION OF COUNCIL OF THE DISTRICT OF COLUMBIA

Pub. L. 94–386, §2, Aug. 14, 1976, 90 Stat. 1170, provided 

that: 

‘‘(a) After publication by the Law Revision Counsel of 

the fifth annual cumulative supplement to the 1973 edition of the District of Columbia Code, new editions of 

the District of Columbia Code (and annual cumulative 

supplements thereto) shall be prepared and published 

under the direction of the Council of the District of Columbia and shall set forth the general and permanent 

laws relating to or in force in the District of Columbia, 

whether enacted by the Congress or by the Council of 

the District of Columbia, except such laws as are of application in the District of Columbia by reason of being 

laws of the United States general and permanent in nature. 

‘‘(b) After completion of the printing of the fifth annual cumulative supplement to the 1973 edition of the 

District of Columbia Code, the Public Printer shall, as 

the Council of the District of Columbia may request, 

either— 

‘‘(1) furnish to the Council of the District of Columbia, on such terms as the Public Printer (in consultation with the Joint Committee on Printing) deems 

appropriate, the type used in preparing the 1973 edition of the District of Columbia Code and the fifth 

annual cumulative supplement to such edition; or 

‘‘(2) make such arrangements with the Council of 

the District of Columbia as the Public Printer (in 

consultation with the Joint Committee on Printing) 

deems appropriate for the printing by the Government Printing Office of future editions of the District 

of Columbia Code, and annual cumulative supplements thereto, prepared under the direction of the 

Council of the District of Columbia.’’ 

CHAPTER 29—CAPITOL POLICE 

§ 1910. Report of disbursements 

(a) In general 

Not later than 60 days after the last day of 

each semiannual period, the Chief of the Capitol 

Police shall submit to Congress, with respect to 

that period, a detailed, itemized report of the 

disbursements for the operations of the United 

States Capitol Police. 

(b) Contents 

The report required by subsection (a) of this 

section shall include— 

(1) the name of each person or entity who receives a payment from the Capitol Police and 

the amount thereof; 

(2) a description of any service rendered to 

the Capitol Police, together with service 

dates; 

(3) a statement of all amounts appropriated 

to, or received or expended by, the Capitol Police and any unexpended balances of such 

amounts for any open fiscal year; and 

(4) such additional information as may be required by regulation of the Committee on 

House Administration of the House of Representatives or the Committee on Rules and 

Administration of the Senate. 

(c) Printing 

Each report under this section shall be printed 

as a House document. 

(d) Effective date 

This section shall apply with respect to the 

semiannual periods of October 1 through March 

31 and April 1 through September 30 of each 

year, beginning with the semiannual period in 

which this section is enacted. 

(Pub. L. 109–55, title I, §1005, Aug. 2, 2005, 119 

Stat. 575.) 

CODIFICATION

Section is from the Legislative Branch Appropriations Act, 2006. 

CHAPTER 30—OPERATION AND 

MAINTENANCE OF CAPITOL COMPLEX 

§ 2104. Publication of list of works of art, historical objects, and exhibits 

The Commission shall, from time to time, but 

at least once every ten years, publish as a Senate document a list of all works of art, historical objects, and exhibits currently within the 

Senate wing of the Capitol and the Senate Office 

Buildings, together with their description, location, and with such notes as may be pertinent to 

their history. 

(Pub. L. 100–696, title IX, §901(a), Nov. 18, 1988, 

102 Stat. 4610.) 

CODIFICATION

Section was classified to section 188b–3 of former 

Title 40, prior to the enactment of Title 40, Public 

§ 2104 TITLE 2—THE CONGRESS Page 182 

Buildings, Property, and Works, by Pub. L. 107–217, §1, 

Aug. 21, 2002, 116 Stat. 1062. 

Section is based on section 4 of Senate Resolution No. 

382, Ninetieth Congress, Oct. 1, 1968, which was enacted 

into permanent law by Pub. L. 100–696. 

Page 183 TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES § 145 

TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES 

CHAPTER 5—OFFICIAL TERRITORIAL 

PAPERS 

§ 145. Printing and distribution 

(a) The Public Printer shall print and bind 

each volume of the official papers relating to 

the Territories of the United States as provided 

for in this chapter, of which— 

(1) four hundred and twenty copies shall be 

delivered to the Superintendent of Documents, 

Government Printing Office, for distribution, 

on the basis of one copy each, and as directed 

by the Archivist, to those historical associations, commissions, museums, or libraries and 

other nondepository libraries, not to exceed 

eight in number within each State, Territory, 

or Possession, which have been or may be designated by the Governor thereof to receive 

such copies; 

(2) one hundred copies shall be delivered to 

the National Archives and Records Administration for the use of that Administration; and 

(3) one hundred copies shall be delivered to 

the Superintendent of Documents for distribution in such manner and number as may be authorized and directed by the Joint Committee 

on Printing. 

(b) The historical associations, commissions, 

museums, or libraries and other nondepository 

libraries within each State, Territory, or Possession which have been or may be designated 

by the Governor thereof to receive the publications referred to in subsection (a) of this section, shall, during their existence, receive the 

succeeding volumes, the distribution of which 

shall be made by the Superintendent of Documents in accordance with lists of designations 

transmitted to him by the Archivist. A new designation may be made to the Archivist by the 

Governor only when a designated association, 

commission, museum, or library shall cease to 

exist, or when authorized by law. 

(Added Oct. 31, 1951, ch. 655, §12, 65 Stat. 714; 

amended Pub. L. 98–497, title I, §107(f), Oct. 19, 

1984, 98 Stat. 2292.) 

AMENDMENTS

1984—Subsec. (a)(1). Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator’’. 

Subsec. (a)(2). Pub. L. 98–497 substituted ‘‘National 

Archives and Records Administration’’ for ‘‘General 

Services Administration’’. 

Subsec. (b). Pub. L. 98–497 substituted ‘‘Archivist’’ for 

‘‘Administrator’’ in two places. 

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, 

see section 301 of Pub. L. 98–497, set out as a note under 

section 2102 of Title 44, Public Printing and Documents. 

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL

See note preceding section 141 of this title. 

§ 1025 TITLE 15—COMMERCE AND TRADE Page 184 

TITLE 15—COMMERCE AND TRADE 

CHAPTER 21—NATIONAL POLICY ON 

EMPLOYMENT AND PRODUCTIVITY 

§ 1025. Printing of monthly publication by Joint 

Economic Committee entitled ‘‘Economic Indicators’’; distribution 

The Joint Economic Committee is authorized 

to issue a monthly publication entitled ‘‘Economic Indicators’’, and a sufficient quantity 

shall be printed to furnish one copy to each 

Member of Congress; the Secretary and the Sergeant at Arms of the Senate; the Clerk, Sergeant at Arms, and Chief Administrative Officer 

of the House of Representatives; two copies to 

the libraries of the Senate and House, and the 

Congressional Library; seven hundred copies to 

the Joint Economic Committee; and the required number of copies to the Superintendent 

of Documents for distribution to depository libraries; and the Superintendent of Documents is 

authorized to have copies printed for sale to the 

public. 

(June 23, 1949, ch. 237, 63 Stat. 264; Pub. L. 

104–186, title II, §217, Aug. 20, 1996, 110 Stat. 1747.) 

CODIFICATION

Section was not enacted as a part of the Employment 

Act of 1946 which comprises this chapter. 

‘‘Joint Economic Committee’’ substituted in text for 

‘‘Joint Committee on the Economic Report’’ to conform to act June 18, 1956, ch. 399, §2, 70 Stat. 290. See 

section 1024(a) of this title. 

AMENDMENTS

1996—Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Doorkeeper’’. 

Page 185 TITLE 16—CONSERVATION § 825k 

TITLE 16—CONSERVATION 

CHAPTER 12—FEDERAL REGULATION AND 

DEVELOPMENT OF POWER 

§ 824w. Joint boards on economic dispatch 

(a) In general 

The Commission shall convene joint boards on 

a regional basis pursuant to section 824h of this 

title to study the issue of security constrained 

economic dispatch for the various market regions. The Commission shall designate the appropriate regions to be covered by each such 

joint board for purposes of this section. 

(b) Membership 

The Commission shall request each State to 

nominate a representative for the appropriate 

regional joint board, and shall designate a member of the Commission to chair and participate 

as a member of each such board. 

(c) Powers 

The sole authority of each joint board convened under this section shall be to consider 

issues relevant to what constitutes ‘‘security 

constrained economic dispatch’’ and how such a 

mode of operating an electric energy system affects or enhances the reliability and affordability of service to customers in the region concerned and to make recommendations to the 

Commission regarding such issues. 

(d) Report to the Congress 

Within 1 year after August 8, 2005, the Commission shall issue a report and submit such report to the Congress regarding the recommendations of the joint boards under this section and 

the Commission may consolidate the recommendations of more than one such regional 

joint board, including any consensus recommendations for statutory or regulatory reform. 

(June 10, 1920, ch. 285, pt. II, §223, as added Pub. 

L. 109–58, title XII, §1298, Aug. 8, 2005, 119 Stat. 

986.) 

§ 825c. Periodic and special reports; obstructing 

filing reports or keeping accounts, etc. 

(a) Every licensee and every public utility 

shall file with the Commission such annual and 

other periodic or special reports as the Commission may by rules and regulations or order prescribe as necessary or appropriate to assist the 

Commission in the proper administration of this 

chapter. The Commission may prescribe the 

manner and form in which such reports shall be 

made, and require from such persons specific answers to all questions upon which the Commission may need information. The Commission 

may require that such reports shall include, 

among other things, full information as to assets and liabilities, capitalization, net investment, and reduction thereof, gross receipts, interest due and paid, depreciation, and other reserves, cost of project and other facilities, cost 

of maintenance and operation of the project and 

other facilities, cost of renewals and replacement of the project works and other facilities, 

depreciation, generation, transmission, distribution, delivery, use, and sale of electric energy. 

The Commission may require any such person to 

make adequate provision for currently determining such costs and other facts. Such reports 

shall be made under oath unless the Commission 

otherwise specifies. 

(b) It shall be unlawful for any person willfully 

to hinder, delay, or obstruct the making, filing, 

or keeping of any information, document, report, memorandum, record, or account required 

to be made, filed, or kept under this chapter or 

any rule, regulation, or order thereunder. 

(June 10, 1920, ch. 285, pt. III, §304, as added Aug. 

26, 1935, ch. 687, title II, §213, 49 Stat. 855.) 

§ 825j. Investigations relating to electric energy; 

reports to Congress 

In order to secure information necessary or 

appropriate as a basis for recommending legislation, the Commission is authorized and directed 

to conduct investigations regarding the generation, transmission, distribution, and sale of electric energy, however produced, throughout the 

United States and its possessions, whether or 

not otherwise subject to the jurisdiction of the 

Commission, including the generation, transmission, distribution, and sale of electric energy 

by any agency, authority, or instrumentality of 

the United States, or of any State or municipality or other political subdivision of a State. 

It shall, so far as practicable, secure and keep 

current information regarding the ownership, 

operation, management, and control of all facilities for such generation, transmission, distribution, and sale; the capacity and output 

thereof and the relationship between the two; 

the cost of generation, transmission, and distribution; the rates, charges, and contracts in 

respect of the sale of electric energy and its 

service to residential, rural, commercial, and industrial consumers and other purchasers by private and public agencies; and the relation of any 

or all such facts to the development of navigation, industry, commerce, and the national defense. The Commission shall report to Congress 

the results of investigations made under authority of this section. 

(June 10, 1920, ch. 285, pt. III, §311, as added Aug. 

26, 1935, ch. 687, title II, §213, 49 Stat. 859.) 

§ 825k. Publication and sale of reports 

The Commission may provide for the publication of its reports and decisions in such form 

and manner as may be best adapted for public 

information and use, and is authorized to sell at 

reasonable prices copies of all maps, atlases, and 

reports as it may from time to time publish. 

Such reasonable prices may include the cost of 

compilation, composition, and reproduction. 

The Commission is also authorized to make such 

charges as it deems reasonable for special statistical services and other special or periodic services. The amounts collected under this section 

shall be deposited in the Treasury to the credit 

of miscellaneous receipts. All printing for the 

Federal Power Commission making use of engraving, lithography, and photolithography, together with the plates for the same, shall be 

§ 825k TITLE 16—CONSERVATION Page 186 

contracted for and performed under the direction of the Commission, under such limitations 

and conditions as the Joint Committee on Printing may from time to time prescribe, and all 

other printing for the Commission shall be done 

by the Public Printer under such limitations 

and conditions as the Joint Committee on Printing may from time to time prescribe. The entire 

work may be done at, or ordered through, the 

Government Printing Office whenever, in the 

judgment of the Joint Committee on Printing, 

the same would be to the interest of the Government: Provided, That when the exigencies of the 

public service so require, the Joint Committee 

on Printing may authorize the Commission to 

make immediate contracts for engraving, 

lithographing, and photolithographing, without 

advertisement for proposals: Provided further, 

That nothing contained in this chapter or any 

other Act shall prevent the Federal Power Commission from placing orders with other departments or establishments for engraving, 

lithographing, and photolithographing, in accordance with the provisions of sections 1535 and 

1536 of title 31, providing for interdepartmental 

work. 

(June 10, 1920, ch. 285, pt. III, §312, as added Aug. 

26, 1935, ch. 687, title II, §213, 49 Stat. 859.) 

CODIFICATION

‘‘Sections 1535 and 1536 of title 31’’ substituted in text 

for ‘‘sections 601 and 602 of the Act of June 30, 1932 (47 

Stat. 417 [31 U.S.C. 686, 686b])’’ on authority of Pub. L. 

97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. 

Page 187 TITLE 20—EDUCATION § 956 

TITLE 20—EDUCATION 

CHAPTER 26—SUPPORT AND SCHOLARSHIP 

IN HUMANITIES AND ARTS 

§ 954. National Endowment for the Arts 

(a) Establishment 

There is established within the Foundation a 

National Endowment for the Arts. 

(b) Chairperson of the Endowment; term of office; vacancies 

(1) The Endowment shall be headed by a chairperson, to be known as the Chairperson of the 

National Endowment for the Arts, who shall be 

appointed by the President, by and with the advice and consent of the Senate. 

(2) The term of office of the Chairperson shall 

be four years and the Chairperson shall be eligible for reappointment. The provisions of this 

subsection shall apply to any person appointed 

to fill a vacancy in the office of Chairperson. 

Upon expiration of the chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall have been appointed and 

shall have qualified. 

(c) Program of contracts, grants-in-aid, or loans 

to groups and individuals for projects and 

productions; traditionally underrepresented 

recipients of financial assistance 

The Chairperson, with the advice of the National Council on the Arts, is authorized to establish and carry out a program of contracts 

with, or grants-in-aid or loans to, groups or, in 

appropriate cases, individuals of exceptional talent engaged in or concerned with the arts, for 

the purpose of enabling them to provide or support— 

(1) projects and productions which have substantial national or international artistic and 

cultural significance, giving emphasis to 

American creativity and cultural diversity 

and to the maintenance and encouragement of 

professional excellence; 

(2) projects and productions, meeting professional standards or standards of authenticity 

or tradition, irrespective of origin, which are 

of significant merit and which, without such 

assistance, would otherwise be unavailable to 

our citizens for geographic or economic reasons; 

(3) projects and productions that will encourage and assist artists and enable them to 

achieve wider distribution of their works, to 

work in residence at an educational or cultural institution, or to achieve standards of 

professional excellence; 

(4) projects and productions which have substantial artistic and cultural significance and 

that reach, or reflect the culture of, a minority, inner city, rural, or tribal community; 

(5) projects and productions that will encourage public knowledge, education, understanding, and appreciation of the arts; 

(6) workshops that will encourage and develop the appreciation and enjoyment of the 

arts by our citizens; 

(7) programs for the arts at the local level; 

(8) projects that enhance managerial and organizational skills and capabilities; 

(9) projects, productions, and workshops of 

the kinds described in paragraphs (1) through 

(8) through film, radio, video, and similar 

media, for the purpose of broadening public access to the arts; and 

(10) other relevant projects, including surveys, research, planning, and publications relating to the purposes of this subsection. 

In the case of publications under paragraph (10) 

of this subsection such publications may be supported without regard for the provisions of section 501 of title 44 only if the Chairperson 

consults with the Joint Committee on Printing 

of the Congress and the Chairperson submits to 

the Committee on Labor and Human Resources 

of the Senate and the Committee on Education 

and Labor of the House of Representatives a report justifying any exemption from such section 

501. Any loans made by the Chairperson under 

this subsection shall be made in accordance with 

terms and conditions approved by the Secretary 

of the Treasury. In selecting individuals and 

groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to artists and artistic groups that have traditionally been underrepresented. 

§ 956. National Endowment for the Humanities 

(a) Establishment 

There is established within the Foundation 

the National Endowment for the Humanities. 

(b) Chairperson of the Endowment; appointment, 

term, reappointment; vacancy; expiration of 

term 

(1) The Endowment shall be headed by a chairperson, who shall be appointed by the President, 

by and with the advice and consent of the Senate. 

(2) The term of office of the Chairperson shall 

be four years, and the Chairperson shall be eligible for reappointment. The provisions of this 

paragraph shall apply to any person appointed 

to fill a vacancy in the office of the Chairperson. 

Upon expiration of the Chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall have been appointed and 

shall have qualified. 

(c) Functions of the Endowment; publications; 

traditionally underrepresented recipients of 

financial assistance 

The Chairperson, with the advice of the National Council on the Humanities (hereinafter 

established), is authorized to enter into arrangements, including contracts, grants, loans, and 

other forms of assistance, to— 

(1) develop and encourage the pursuit of a 

national policy for the promotion of progress 

and scholarship in the humanities; 

(2) initiate and support research and programs to strengthen the research and teaching 

potential of the United States in the humanities by making arrangements with individuals or groups to support such activities; any 

loans made by the Endowment shall be made 

in accordance with terms and conditions approved by the Secretary of the Treasury; 

§ 956 TITLE 20—EDUCATION Page 188 

(3) initiate and support training and workshops in the humanities by making arrangements with institutions or individuals (fellowships awarded to individuals under this authority may be for the purpose of study or research at appropriate nonprofit institutions 

selected by the recipient of such aid, for stated 

periods of time); 

(4) initiate and support programs and research which have substantial scholarly and 

cultural significance and that reach, or reflect 

the diversity and richness of our American 

cultural heritage, including the culture of, a 

minority, inner city, rural, or tribal community; 

(5) foster international programs and exchanges; 

(6) foster the interchange of information in 

the humanities; 

(7) foster, with groups, education in, and 

public understanding and appreciation of the 

humanities; 

(8) support the publication of scholarly 

works in the humanities; 

(9) insure that the benefit of its programs 

will also be available to our citizens where 

such programs would otherwise be unavailable 

due to geographic or economic reasons; and 

(10) foster programs and projects that provide access to, and preserve materials important to research, education, and public understanding of, the humanities. 

In the case of publications under clause (8) of 

this subsection such publications may be supported without regard for the provisions of section 501 of title 44 only if the Chairperson 

consults with the Joint Committee on Printing 

of the Congress and the Chairperson submits to 

the Committee on Labor and Human Resources 

of the Senate and the Committee on Education 

and Labor of the House of Representatives a report justifying any exemption from such section 

501. In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the 

Chairperson shall give particular regard to 

scholars, and educational and cultural institutions, that have traditionally been underrepresented. 

Page 189 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 521 

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE 

CHAPTER 19—DISTRIBUTION OF REPORTS 

AND DIGESTS 

Sec. 

411. Supreme Court reports; printing, binding, and 

distribution. 

412. Sale of Supreme Court reports. 

413. Publications; distribution to courts. 

414. Transmittal of books to successors. 

[415. Repealed.] 

AMENDMENTS

1982—Pub. L. 97–164, title I, §113, Apr. 2, 1982, 96 Stat. 

29, struck out item 415 ‘‘Court of Claims decisions’’. 

1952—Act July 10, 1952, ch. 632, §3, 66 Stat. 540, amended analysis to conform it to amendments of sections 411 

to 413 of this title. 

§ 411. Supreme Court reports; printing, binding, 

and distribution 

(a) The decisions of the Supreme Court of the 

United States shall be printed, bound, and distributed in the preliminary prints and bound 

volumes of the United States Reports as soon as 

practicable after rendition, to be charged to the 

proper appropriation for the judiciary. The number and distribution of the copies shall be under 

the control of the Joint Committee on Printing. 

(b) Reports printed prior to June 12, 1926, shall 

not be furnished the Secretary of the Army, the 

Secretary of the Navy, or the Secretary of the 

Air Force. 

(c) The Public Printer, or other printer designated by the Supreme Court of the United 

States, upon request, shall furnish to the Superintendent of Documents the reports required to 

be distributed under the provisions of this section. 

(June 25, 1948, ch. 646, 62 Stat. 904; May 24, 1949, 

ch. 139, §68, 63 Stat. 99; Oct. 31, 1951, ch. 655, §41, 

65 Stat. 725; July 10, 1952, ch. 632, §4, 66 Stat. 

540.) 

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., §334 (Mar. 3, 1911, 

ch. 231, §227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, §1, 36 

Stat. 1419; July 1, 1922, ch. 267, §3, 42 Stat. 816; June 12, 

1926, ch. 568, 44 Stat. 736; Jan. 29, 1929, ch. 113, 45 Stat. 

1143; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475; July 3, 1930, 

ch. 863, §1, 46 Stat. 1016; Feb. 23, 1931, ch. 276, §30, 46 

Stat. 1214; May 17, 1932, ch. 190, 47 Stat. 158; June 30, 

1932, ch. 314, §501, 47 Stat. 415; May 10, 1934, ch. 277, §512, 

48 Stat. 758; Ex. Ord. No. 6166, §§12, 14, June 10, 1933; 

June 7, 1934, ch. 426, 48 Stat. 926; May 27, 1936, ch. 463, 

§1, 49 Stat. 1380; June 20, 1936, ch. 630, §5, 49 Stat. 1549; 

June 25, 1936, ch. 804, 49 Stat. 1921). 

CHAPTER 31—THE ATTORNEY GENERAL 

§ 521. Publication and distribution of opinions 

The Attorney General, from time to time— 

(1) shall cause to be edited, and printed in 

the Government Printing Office, such of his 

opinions as he considers valuable for preservation in volumes; and 

(2) may prescribe the manner for the distribution of the volumes. 

Each volume shall contain headnotes, an index, 

and such footnotes as the Attorney General may 

approve. 

(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 

614.) 

HISTORICAL AND REVISION NOTES

Derivation U.S. Code Revised Statutes and 

Statutes at Large 

..................... 5 U.S.C. 305 (1st 

sentence, as 

applicable to 

the Attorney 

General; 2d 

and 3d sentences). 

R.S. §383 (1st sentence, as applicable to the Attorney 

General; 2d and 3d sentences). 

Section 188 of the Revised Statutes was part of title 

IV of the Revised Statutes. The Act of July 26, 1947, ch. 

343, §201(d), as added Aug. 10, 1949, ch. 412, §4, 63 Stat. 

579 (former 5 U.S.C. 171–1), which provides ‘‘Except to 

the extent inconsistent with the provisions of this Act 

[National Security Act of 1947], the provisions of title 

IV of the Revised Statutes as now or hereafter amended 

shall be applicable to the Department of Defense’’ is 

omitted from this title but is not repealed. 

The words ‘‘his opinions’’ are substituted for ‘‘the 

opinions of the law officers herein authorized to be 

given’’ as the opinions of the Attorney General are his 

and only his and the reference to other ‘‘law officers’’ 

is misleading. All functions of all other officers of the 

Department of Justice were transferred to the Attorney General by 1950 Reorg. Plan No. 2, §1, eff. May 14, 

1950, 64 Stat. 1261. The word ‘‘considers’’ is substituted 

for ‘‘may deem’’. 

In the last sentence, the words ‘‘proper’’ and ‘‘complete and full’’ are omitted as unnecessary. 

§ 701 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 190 

TITLE 33—NAVIGATION AND NAVIGABLE WATERS 

CHAPTER 15—FLOOD CONTROL 

§ 701. Flood control generally 

Laws applicable to works of improvement relating 

to flood control—All the provisions of existing 

law relating to examinations and surveys and to 

works of improvement of rivers and harbors 

shall apply, so far as applicable to examinations 

and surveys and to works of improvement relating to flood control. And all expenditures of 

funds appropriated for works and projects relating to flood control shall be made in accordance 

with and subject to the law governing the disbursement and expenditure of funds appropriated for the improvement of rivers and harbors. 

Examinations and surveys; details from Government departments; reports—All examinations and 

surveys of projects relating to flood control 

shall include a comprehensive study of the watershed or watersheds, and the report thereon in 

addition to any other matter upon which a report is required shall give such data as it may be 

practicable to secure in regard to (a) the extent 

and character of the area to be affected by the 

proposed improvement; (b) the probable effect 

upon any navigable water or waterway; (c) the 

possible economical development and utilization 

of water power; and (d) such other uses as may 

be properly related to or coordinated with the 

project. And the heads of the several departments of the Government may, in their discretion, and shall upon the request of the Secretary 

of the Army, detail representatives from their 

respective departments to assist the Engineers 

of the Army in the study and examination of 

such watersheds, to the end that duplication of 

work may be avoided and the various services of 

the Government economically coordinated 

therein: Provided, That all reports on preliminary examinations hereafter authorized, together with the report of the Board of Engineers 

for Rivers and Harbors thereon and the separate 

report of the representative of any other department, shall be submitted to the Secretary of the 

Army by the Chief of Engineers, with his recommendations, and shall be transmitted by the 

Secretary of the Army to the House of Representatives, and are ordered to be printed when 

so made. 

Reports by Board of Engineers for Rivers and 

Harbors—In the consideration of all works and 

projects relating to flood control which may be 

submitted to the Board of Engineers for Rivers 

and Harbors for consideration and recommendation, said board shall, in addition to any other 

matters upon which it may be required to report, state its opinion as to (a) what Federal interest, if any, is involved in the proposed improvement; (b) what share of the expense, if any, 

should be borne by the United States; and (c) the 

advisability of adopting the project. 

(Mar. 1, 1917, ch. 144, §3, 39 Stat. 950; July 26, 

1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 

103–437, §12(c), Nov. 2, 1994, 108 Stat. 4590.) 

CODIFICATION

Sections 1 and 2 of act Mar. 1, 1917, are classified to 

sections 702 and 703 of this title. Section 4 amended section 643 of this title. See section 702h of this title. 

AMENDMENTS

1994—Pub. L. 103–437 struck out par. at end which 

read as follows: ‘‘All examinations and reports which 

may now be made by the Board of Engineers for Rivers 

and Harbors upon request of the Committee on Rivers 

and Harbors relating to works or projects of navigation 

shall in like manner be made upon request of the Committee on Flood Control on all works and projects relating to flood control.’’ 

CHANGE OF NAME

Department of War designated Department of the 

Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, 

ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 

26, 1947, was repealed by section 53 of act Aug. 10, 1956, 

ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010 

to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. 

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND

HARBORS AND REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and 

Harbors 180 days after Oct. 31, 1992, and reassignment of 

duties and responsibilities by Secretary of Army, see 

section 223 of Pub. L. 102–580, set out as a note under 

section 541 of this title. 

FLOODPLAIN MANAGEMENT

For provisions relating to the reduction of the risk of 

flood loss, the minimization of the impact of floods on 

human safety, health, and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 

42 F.R. 26951, set out as a note under section 4321 of 

Title 42, The Public Health and Welfare. 

EXECUTIVE ORDER NO. 11296 

Ex. Ord. No. 11296, Aug. 10, 1966, 31 F.R. 10663, as 

amended by Pub. L. 90–608, ch. IV, §402, Oct. 21, 1968, 82 

Stat. 1194, which related to the evaluation of flood hazard in locating federally owned or financed buildings, 

roads, and other facilities, and in disposing of federal 

lands and properties, was revoked by Ex. Ord. No. 11988, 

May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of Title 42, The Public Health and Welfare. 

§ 701–1. Declaration of policy of 1944 act 

In connection with the exercise of jurisdiction 

over the rivers of the Nation through the construction of works of improvement, for navigation or flood control, as herein authorized, it is 

declared to be the policy of the Congress to recognize the interests and rights of the States in 

determining the development of the watersheds 

within their borders and likewise their interests 

and rights in water utilization and control, as 

herein authorized to preserve and protect to the 

fullest possible extent established and potential 

uses, for all purposes, of the waters of the Nation’s rivers; to facilitate the consideration of 

projects on a basis of comprehensive and coordinated development; and to limit the authorization and construction of navigation works to 

those in which a substantial benefit to navigation will be realized therefrom and which can be 

operated consistently with appropriate and economic use of the waters of such rivers by other 

users. 

In conformity with this policy: 

(a) Plans, proposals, or reports of the Chief of 

Engineers, Department of the Army, for any 

Page 191 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701–1 

works of improvement for navigation or flood 

control not heretofore or herein authorized, 

shall be submitted to the Congress only upon 

compliance with the provisions of this paragraph (a). Investigations which form the basis of 

any such plans, proposals, or reports shall be 

conducted in such a manner as to give to the affected State or States, during the course of the 

investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and, to the 

extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in whole or part are 

concerned with the use or control of waters arising west of the ninety-seventh meridian, the 

Chief of Engineers shall give to the Secretary of 

the Interior, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent 

deemed practicable by the Chief of Engineers, 

opportunity to cooperate in the investigations. 

The relations of the Chief of Engineers with any 

State under this paragraph (a) shall be with the 

Governor of the State or such official or agency 

of the State as the Governor may designate. The 

term ‘‘affected State or States’’ shall include 

those in which the works or any part thereof are 

proposed to be located; those which in whole or 

part are both within the drainage basin involved 

and situated in a State lying wholly or in part 

west of the ninety-eighth meridian; and such of 

those which are east of the ninety-eighth meridian as, in the judgment of the Chief of Engineers, will be substantially affected. Such plans, 

proposals, or reports and related investigations 

shall be made to the end, among other things, of 

facilitating the coordination of plans for the 

construction and operation of the proposed 

works with other plans involving the waters 

which would be used or controlled by such proposed works. Each report submitting any such 

plans or proposals to the Congress shall set out 

therein, among other things, the relationship 

between the plans for construction and operation of the proposed works and the plans, if 

any, submitted by the affected States and by the 

Secretary of the Interior. The Chief of Engineers 

shall transmit a copy of his proposed report to 

each affected State, and, in case the plans or 

proposals covered by the report are concerned 

with the use or control of waters which rise in 

whole or in part west of the ninety-seventh meridian, to the Secretary of the Interior. Within 

30 days from the date of receipt of said proposed 

report, the written views and recommendations 

of each affected State and of the Secretary of 

the Interior may be submitted to the Chief of 

Engineers. The Secretary of the Army shall 

transmit to the Congress, with such comments 

and recommendations as he deems appropriate, 

the proposed report together with the submitted 

views and recommendations of affected States 

and of the Secretary of the Interior. The Secretary of the Army may prepare and make said 

transmittal any time following said 30-day period. The letter of transmittal and its attachments shall be printed as a House or Senate document. 

TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 192 

AND ORGANIZATIONS 

§ 701–1 

TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, 

AND ORGANIZATIONS 

CHAPTER 101—GENERAL 

TERMINATION OF REPORTING REQUIREMENTS

With respect to corporations listed below, for termination, effective May 15, 2000, of reporting provisions in 

subsec. (b)(1) of this section, see section 3003 of Pub. L. 

104–66, as amended, set out as a note under section 1113 

of Title 31, Money and Finance, and pages 196 through 

208 of House Document No. 103–7. 

Agricultural Hall of Fame 

American Chemical Society 

American Council of Learned Societies 

American Ex-Prisoners of War 

American Gold Star Mothers, Incorporated 

American Historical Association 

The American Legion 

The American National Theater and Academy 

The American Society of International Law 

American Symphony Orchestra League 

American War Mothers 

AMVETS (American Veterans) 

Army and Navy Union of the United States of America 

Aviation Hall of Fame 

Big Brothers-Big Sisters of America 

Blinded Veterans Association 

Blue Star Mothers of America, Inc. 

Board For Fundamental Education 

Boy Scouts of America 

Boys & Girls Clubs of America 

Catholic War Veterans of the United States of America, Incorporated 

Civil Air Patrol 

Congressional Medal of Honor Society of the United 

States of America 

Daughters of Union Veterans of the Civil War 

1861–1865 

Disabled American Veterans 

Former Members of Congress 

The Foundation of the Federal Bar Association 

Future Farmers of America 

General Federation of Women’s Clubs 

Girl Scouts of the United States of America 

Gold Star Wives of America 

Italian American War Veterans of the United States 

Jewish War Veterans of the United States of America, Incorporated 

Jewish War Veterans, U.S.A., National Memorial, Incorporated 

Ladies of the Grand Army of the Republic 

Legion of Valor of the United States of America, Incorporated 

Little League Baseball, Incorporated 

Marine Corps League 

The Military Chaplains Association of the United 

States of America 

Military Order of the Purple Heart of the United 

States of America, Incorporated 

National Academy of Public Administration 

National Academy of Sciences 

National Conference of State Societies, Washington, 

District of Columbia 

National Conference on Citizenship 

National Council on Radiation Protection and Measurements 

National Federation of Music Clubs 

National Fund for Medical Education 

National Mining Hall of Fame and Museum 

National Music Council 

National Safety Council 

National Ski Patrol System, Incorporated 

National Society, Daughters of the American Colonists 

The National Society of the Daughters of the American Revolution 

National Society of the Sons of the American Revolution 

National Tropical Botanical Garden 

National Woman’s Relief Corps, Auxiliary to the 

Grand Army of the Republic 

The National Yoemen F 

Naval Sea Cadet Corps 

Navy Club of the United States of America 

Navy Wives Clubs of America 

Non Commissioned Officers Association of the United 

States of America, Incorporated 

Paralyzed Veterans of America 

Pearl Harbor Survivors Association 

Polish Legion of American Veterans, U.S.A. 

Reserve Officers Association of the United States 

Sons of Union Veterans of the Civil War 

369th Veterans’ Association 

United Service Organizations, Incorporated 

United States Capitol Historical Society 

United States Submarine Veterans of World War II 

Veterans of Foreign Wars of the United States 

Veterans of World War I of the United States of 

America, Incorporated 

Vietnam Veterans of America, Inc. 

Women’s Army Corps Veterans’ Association 

Page 193 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 102 

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS 

SUBTITLE I—FEDERAL PROPERTY 

AND ADMINISTRATIVE SERVICES 

Chapter Sec. 

1. GENERAL .............................................. 101 

3. ORGANIZATION OF GENERAL 

SERVICES ADMINISTRATION .... 301 

5. PROPERTY MANAGEMENT ............ 501 

7. FOREIGN EXCESS PROPERTY ...... 701 

9. URBAN LAND USE ............................. 901 

11. SELECTION OF ARCHITECTS 

AND ENGINEERS ............................ 1101 

13. PUBLIC PROPERTY .......................... 1301 

CHAPTER 1—GENERAL 

SUBCHAPTER I—PURPOSE AND DEFINITIONS 

Sec. 

101. Purpose. 

102. Definitions. 

SUBCHAPTER II—SCOPE 

111. Application to Federal Property and Administrative Services Act of 1949. 

112. Applicability of certain policies, procedures, 

and directives in effect on July 1, 1949. 

113. Limitations. 

SUBCHAPTER III—ADMINISTRATIVE AND 

GENERAL 

121. Administrative. 

122. Prohibition on sex discrimination. 

123. Civil remedies for fraud. 

124. Agency use of amounts for property management. 

125. Library memberships. 

126. Reports to Congress. 

SUBCHAPTER I—PURPOSE AND 

DEFINITIONS 

§ 101. Purpose 

The purpose of this subtitle is to provide the 

Federal Government with an economical and efficient system for the following activities: 

(1) Procuring and supplying property and 

nonpersonal services, and performing related 

functions including contracting, inspection, 

storage, issue, setting specifications, identification and classification, transportation and 

traffic management, establishment of pools or 

systems for transportation of Government personnel and property by motor vehicle within 

specific areas, management of public utility 

services, repairing and converting, establishment of inventory levels, establishment of 

forms and procedures, and representation before federal and state regulatory bodies. 

(2) Using available property. 

(3) Disposing of surplus property. 

(4) Records management. 

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063.) 

HISTORICAL AND REVISION NOTES

Revised 

Section Source (U.S. Code) Source (Statutes at Large) 

101 ............. 40:471. June 30, 1949, ch. 288, §2, 63 

Stat. 378; Sept. 1, 1954, ch. 

1211, §1, 68 Stat. 1126. 

SHORT TITLE OF 2006 AMENDMENT

Pub. L. 109–396, §1, Dec. 15, 2006, 120 Stat. 2711, provided that: ‘‘This Act [enacting provisions set out as 

notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out 

under section 8903 of this title, and provisions set out 

as a note under section 225b of Title 24, Hospitals and 

Asylums] may be cited as the ‘Federal and District of 

Columbia Government Real Property Act of 2006’.’’ 

Pub. L. 109–313, §1, Oct. 6, 2006, 120 Stat. 1734, provided 

that: ‘‘This Act [amending sections 303, 321, 549, 573, 604, 

and 605 of this title, section 5316 of Title 5, Government 

Organization and Employees, section 2669 of Title 22, 

Foreign Relations and Intercourse, and section 433 of 

Title 41, Public Contracts, repealing section 322 of this 

title, enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 

5, and amending provisions set out as notes under section 2302 of Title 10, Armed Forces, and section 2107 of 

Title 44, Public Printing and Documents] may be cited 

as the ‘General Services Administration Modernization 

Act’.’’ 

SHORT TITLE OF 2003 AMENDMENT

Pub. L. 108–126, title II, §201, Nov. 17, 2003, 117 Stat. 

1349, provided that: ‘‘This title [amending sections 8901 

to 8906 and 8908 of this title and enacting provisions set 

out as notes under section 8901 of this title] may be 

cited as the ‘Commemorative Works Clarification and 

Revision Act of 2003’.’’ 

§ 102. Definitions 

The following definitions apply in chapters 1 

through 7 of this title and in title III of the Federal Property and Administrative Services Act 

of 1949 (41 U.S.C. 251 et seq.): 

(1) CARE AND HANDLING.—The term ‘‘care and 

handling’’ includes— 

(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, 

conserving, and transporting excess and surplus property; and 

(B) rendering innocuous, or destroying, 

property that is dangerous to public health 

or safety. 

(2) CONTRACTOR INVENTORY.—The term ‘‘contractor inventory’’ means— 

(A) property, in excess of amounts needed 

to complete full performance, that is acquired by and in possession of a contractor 

or subcontractor under a contract pursuant 

to which title is vested in the Federal Government; and 

(B) property that the Government is obligated or has the option to take over, under 

any type of contract, as a result of changes 

in specifications or plans under the contract, 

or as a result of termination of the contract 

(or a subcontract), prior to completion of 

the work, for the convenience or at the option of the Government. 

(3) EXCESS PROPERTY.—The term ‘‘excess 

property’’ means property under the control of 

a federal agency that the head of the agency 

determines is not required to meet the agency’s needs or responsibilities. 

(4) EXECUTIVE AGENCY.—The term ‘‘executive 

agency’’ means— 

(A) an executive department or independent establishment in the executive 

branch of the Government; and 

(B) a wholly owned Government corporation. 

§ 111 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 194 

(5) FEDERAL AGENCY.—The term ‘‘federal 

agency’’ means an executive agency or an establishment in the legislative or judicial 

branch of the Government (except the Senate, 

the House of Representatives, and the Architect of the Capitol, and any activities under 

the direction of the Architect of the Capitol). 

(6) FOREIGN EXCESS PROPERTY.—The term 

‘‘foreign excess property’’ means excess property that is not located in the States of the 

United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of 

Micronesia, the Marshall Islands, Palau, and 

the Virgin Islands. 

(7) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any vehicle, self-propelled or 

drawn by mechanical power, designed and operated principally for highway transportation 

of property or passengers, excluding— 

(A) a vehicle designed or used for military 

field training, combat, or tactical purposes, 

or used principally within the confines of a 

regularly established military post, camp, or 

depot; and 

(B) a vehicle regularly used by an agency 

to perform investigative, law enforcement, 

or intelligence duties, if the head of the 

agency determines that exclusive control of 

the vehicle is essential for effective performance of duties. 

(8) NONPERSONAL SERVICES.—The term ‘‘nonpersonal services’’ means contractual services 

designated by the Administrator of General 

Services, other than personal and professional 

services. 

(9) PROPERTY.—The term ‘‘property’’ means 

any interest in property except— 

(A)(i) the public domain; 

(ii) land reserved or dedicated for national 

forest or national park purposes; 

(iii) minerals in land or portions of land 

withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under 

the public land mining and mineral leasing 

laws; and 

(iv) land withdrawn or reserved from the 

public domain except land or portions of 

land so withdrawn or reserved which the 

Secretary, with the concurrence of the Administrator, determines are not suitable for 

return to the public domain for disposition 

under the general public land laws because 

the lands are substantially changed in character by improvements or otherwise; 

(B) naval vessels that are battleships, 

cruisers, aircraft carriers, destroyers, or submarines; and 

(C) records of the Government. 

(10) SURPLUS PROPERTY.—The term ‘‘surplus 

property’’ means excess property that the Administrator determines is not required to 

meet the needs or responsibilities of all federal agencies. 

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063.) 

HISTORICAL AND REVISION NOTES

Revised 

Section Source (U.S. Code) Source (Statutes at Large) 

102 ............. 40:472. June 30, 1949, ch. 288, §3, 63 

Stat. 378; Sept. 5, 1950, ch. 

849, §§7(a), 8(a), 64 Stat. 

590, 591; July 12, 1952, ch. 

703, §1(a), (b), 66 Stat. 593; 

Sept. 1, 1954, ch. 1211, 

§4(c), 68 Stat. 1129; Aug. 

12, 1955, ch. 874, §2, 69 

Stat. 722; Pub. L. 85–337, 

§5, Feb. 28, 1958, 72 Stat. 

29; Pub. L. 86–70, §30(a), 

June 25, 1959, 73 Stat. 148; 

Pub. L. 86–624, §27(a), July 

12, 1960, 74 Stat. 418; Pub. 

L. 93–594, Jan. 2, 1975, 88 

Stat. 1926. 

In this section, the words ‘‘and in title III of the Federal Property and Administrative Services Act of 1949 

(41 U.S.C. 251 et seq.)’’ are added to provide an accurate 

literal translation of the words ‘‘this Act’’, meaning 

the Federal Property and Administrative Services Act 

of 1949. See the revision note under section 111 of this 

title. The definition of ‘‘Administrator’’ is omitted as 

unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of ‘‘person’’ in 1:1. 

In clause (6), the words ‘‘the Northern Mariana Islands, the Federated States of Micronesia, the Marshall 

Islands, Palau’’ are substituted for ‘‘the Trust Territory of the Pacific Islands’’ because of the termination 

of the Trust Territory of the Pacific Islands. See 48:1681 

note prec. 

REFERENCES IN TEXT

The Federal Property and Administrative Services 

Act of 1949, referred to in text, is act June 30, 1949, ch. 

288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (§251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. 

The public land mining and mineral leasing laws, referred to in par. (9)(A)(iii), are classified generally to 

Title 30, Mineral Lands and Mining. 

The public land laws, referred to in par. (9)(A)(iv), are 

classified generally to Title 43, Public Lands. 

SUBCHAPTER II—SCOPE 

§ 111. Application to Federal Property and Administrative Services Act of 1949 

In the following provisions, the words ‘‘this 

subtitle’’ are deemed to refer also to title III of 

the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.): 

(1) Section 101 of this title. 

(2) Section 112(a) of this title. 

(3) Section 113 of this title. 

(4) Section 121(a) of this title. 

(5) Section 121(c)(1) of this title. 

(6) Section 121(c)(2) of this title. 

(7) Section 121(d)(1) and (2) of this title. 

(8) Section 121(e)(1) of this title. 

(9) Section 121(f) of this title. 

(10) Section 121(g) of this title. 

(11) Section 122(a) of this title. 

(12) Section 123(a) of this title. 

(13) Section 123(c) of this title. 

(14) Section 124 of this title. 

(15) Section 126 of this title. 

(16) Section 311(c) of this title. 

(17) Section 313(a) of this title. 

(18) Section 528 of this title. 

(19) Section 541 of this title. 

(20) Section 549(e)(3)(H)(i)(II) of this title. 

(21) Section 557 of this title. 

Page 195 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 113 

(22) Section 558(a) of this title. 

(23) Section 559(f) of this title. 

(24) Section 571(b) of this title. 

(25) Section 572(a)(2)(A) of this title. 

(26) Section 572(b)(4) of this title. 

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065.) 

HISTORICAL AND REVISION NOTES

Revised 

Section Source (U.S. Code) Source (Statutes at Large) 

111 ............. (no source). 

This section is added to provide an accurate literal 

translation of the words ‘‘this Act’’, meaning the Federal Property and Administrative Services Act of 1949. 

In the positive law codification of title 40, most of the 

Federal Property and Administrative Services Act of 

1949 is restated as subtitle I of title 40. However, title 

III of the Act, which is outside the scope of the positive 

law codification, remains classified to the United 

States Code as 41 U.S.C. 251 et seq. Where the words 

‘‘this Act’’ are restated, substituting the words ‘‘this 

subtitle’’ does not yield an accurate literal translation 

because ‘‘this subtitle’’ does not include title III of the 

Act. This section does not subject any provision of law 

to title III of the Act if that provision was not subject 

to title III prior to the positive law codification of title 

40. 

REFERENCES IN TEXT

The Federal Property and Administrative Services 

Act of 1949, referred to in text, is act June 30, 1949, ch. 

288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (§251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. 

§ 112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949 

(a) IN GENERAL.—A policy, procedure, or directive described in subsection (b) remains in effect 

until superseded or amended under this subtitle 

or other appropriate authority. 

(b) DESCRIPTION.—A policy, procedure, or directive referred to in subsection (a) is one that 

was in effect on July 1, 1949, and that was prescribed by— 

(1) the Director of the Bureau of Federal 

Supply or the Secretary of the Treasury and 

that related to a function transferred to or 

vested in the Administrator of General Services on June 30, 1949, by the Federal Property 

and Administrative Services Act of 1949; 

(2) an officer of the Federal Government 

under authority of the Surplus Property Act 

of 1944 (ch. 479, 58 Stat. 765) or other authority 

related to surplus property or foreign excess 

property; 

(3) the Federal Works Administrator or the 

head of a constituent agency of the Federal 

Works Agency; or 

(4) the Archivist of the United States or another officer or body whose functions were 

transferred on June 30, 1949, by title I of the 

Federal Property and Administrative Services 

Act of 1949. 

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065.) 

HISTORICAL AND REVISION NOTES

Revised 

Section Source (U.S. Code) Source (Statutes at Large) 

112 ............. 40:473. June 30, 1949, ch. 288, title 

VI, §601, formerly title V, 

§501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, 

§6(a), (b), 64 Stat. 583. 

REFERENCES IN TEXT

The Federal Property and Administrative Services 

Act of 1949, referred to in subsec. (b)(1), (4), is act June 

30, 1949, ch. 288, 63 Stat. 377, as amended. Except for 

title III of the Act, which is classified generally to subchapter IV (§251 et seq.) of chapter 4 of Title 41, Public 

Contracts, the Act was repealed and reenacted by Pub. 

L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as 

chapters 1 to 11 of this title. Provisions of former title 

I of the Act now appear in chapter 3 of this title. 

The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, as 

amended, which was classified principally to sections 

1611 to 1646 of Title 50, Appendix, War and National Defense, and was repealed effective July 1, 1949, with the 

exception of sections 1622, 1631, 1637, and 1641 of Title 50, 

Appendix, by act June 30, 1949, ch. 288, title VI, 

§602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, 

§6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is set 

out in part in Title 50, Appendix. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 

49, Transportation, by Pub. L. 103–272, §§1(e), 7(b), July 

5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, §6(e), as added by act 

July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by 

act June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 

1948, and is covered by section 3287 of Title 18, Crimes 

and Criminal Procedure. Provisions of section 1641 not 

repealed by the 1949 act were repealed by Pub. L. 87–256, 

§111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by 

chapter 33 (§2451 et seq.) of Title 22, Foreign Relations 

and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are 

covered by provisions of the 1949 act which were classified to chapter 10 (§471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 

21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this 

title. 

§ 113. Limitations 

(a) IN GENERAL.—Except as otherwise provided 

in this section, the authority conferred by this 

subtitle is in addition to any other authority 

conferred by law and is not subject to any inconsistent provision of law. 

(b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—The authority 

conferred by this subtitle is subject to the Office 

of Federal Procurement Policy Act (41 U.S.C. 401 

et seq.). 

(c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND AGENCIES.—Sections 

121(b) and 506(c) of this title do not apply to a 

Government corporation or agency that is subject to chapter 91 of title 31. 

(d) LIMITATION REGARDING CONGRESS.—This 

subtitle does not apply to the Senate or the 

House of Representatives (including the Architect of the Capitol and any building, activity, or 

function under the direction of the Architect). 

However, services and facilities authorized by 

this subtitle shall, as far as practicable, be made 

available to the Senate, the House of Representatives, and the Architect of the Capitol on their 

§ 113 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 196 

request. If payment would be required for providing a similar service or facility to an executive agency, payment shall be made by the recipient, on presentation of proper vouchers, in 

advance or by reimbursement (as may be agreed 

upon by the Administrator of General Services 

and the officer or body making the request). The 

payment may be credited to the applicable appropriation of the executive agency receiving 

the payment. 

(e) OTHER LIMITATIONS.—Nothing in this subtitle impairs or affects the authority of— 

(1) the President under the Philippine Property Act of 1946 (22 U.S.C. 1381 et seq.); 

(2) an executive agency, with respect to any 

program conducted for purposes of resale, 

price support, grants to farmers, stabilization, 

transfer to foreign governments, or foreign 

aid, relief, or rehabilitation, but the agency 

carrying out the program shall, to the maximum extent practicable, consistent with the 

purposes of the program and the effective, efficient conduct of agency business, coordinate 

its operations with the requirements of this 

subtitle and with policies and regulations prescribed under this subtitle; 

(3) an executive agency named in chapter 137 

of title 10, and the head of the agency, with respect to the administration of that chapter; 

(4) the Secretary of Defense with respect to 

property required for or located in occupied 

territories; 

(5) the Secretary of Defense with respect to 

the administration of section 2535 of title 10; 

(6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with 

respect to the administration of the Strategic 

and Critical Materials Stock Piling Act (50 

U.S.C. 98 et seq.); 

(7) the Secretary of State under the Foreign 

Service Buildings Act, 1926 (22 U.S.C. 292 et 

seq.); 

(8) the Secretary of Agriculture under— 

(A) the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.); 

(B) the Farmers Home Administration Act 

of 1946 (ch. 964, 60 Stat. 1062); 

(C) section 32 of the Act of August 24, 1935 

(7 U.S.C. 612c), with respect to the exportation and domestic consumption of agricultural products; 

(D) section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or 

(E) section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)); 

(9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property; 

(10) the Secretary of Housing and Urban Development or the Federal Deposit Insurance 

Corporation (or an officer of the Corporation) 

with respect to the disposal of— 

(A) residential property; or 

(B) other property— 

(i) acquired or held as part of, or in connection with, residential property; or 

(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal 

Deposit Insurance Act (12 U.S.C. 1811 et 

seq.), or any other law; 

(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to 

section 501(c) of this title, and with respect to 

property acquired in connection with a program of processing, manufacture, production, 

or force account construction, but the Authority shall, to the maximum extent it considers 

practicable, consistent with the purposes of its 

program and the effective, efficient conduct of 

its business, coordinate its operations with the 

requirements of this subtitle and with policies 

and regulations prescribed under this subtitle; 

(12) the Secretary of Energy with respect to 

atomic energy; 

(13) the Secretary of Transportation or the 

Secretary of Commerce with respect to the 

disposal of airport property and airway property (as those terms are defined in section 

47301 of title 49) for use as such property; 

(14) the United States Postal Service; 

(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, 

charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel 

or shipyard, ship site, terminal, pier, dock, 

warehouse, or other installation necessary or 

appropriate for carrying out a program of the 

Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, 

but the Administration shall, to the maximum 

extent it considers practicable, consistent 

with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements 

of this subtitle and with policies and regulations prescribed under this subtitle; 

(16) the Central Intelligence Agency; 

(17) the Joint Committee on Printing, under 

title 44 or any other law; 

(18) the Secretary of the Interior with respect to procurement for program operations 

under the Bonneville Project Act of 1937 (16 

U.S.C. 832 et seq.); 

(19) the Secretary of State with respect to 

the furnishing of facilities in foreign countries 

and reception centers within the United 

States; or 

(20) the Office of the Director of National Intelligence. 

Laws and Rules for Publication of the Congressional Record CODE OF LAWS OF THE UNITED STATES 

TITLE 44, SECTION 901. CONGRESSIONAL RECORD: ARRANGEMENT, STYLE, CONTENTS, AND INDEXES.—The 

Joint Committee on Printing shall control the arrangement and style of the CONGRESSIONAL RECORD, 

and while providing that it shall be substantially a 

verbatim report of proceedings, shall take all needed 

action for the reduction of unnecessary bulk. It 

shall provide for the publication of an index of the 

CONGRESSIONAL RECORD semimonthly during and at 

the close of sessions of Congress. (Oct. 22, 1968, c. 9, 

82 Stat. 1255.) 

TITLE 44, SECTION 904. CONGRESSIONAL RECORD: 

MAPS; DIAGRAMS; ILLUSTRATIONS.—Maps, diagrams, 

or illustrations may not be inserted in the RECORD

without the approval of the Joint Committee on 

of the C

Printing. (Oct. 22, 1968, c. 9, 82 Stat. 1256.) 

To provide for the prompt publication and delivery 

ONGRESSIONAL

fRECORD the Joint Committee 

on Printing has adopted the following rules, to 

which the attention of Senators, Representatives, 

and Delegates is respectfully invited: 

1. Arrangement of the daily Congressional Record.—

The Public Printer shall arrange the contents of the 

daily CONGRESSIONAL RECORD as follows: The Senate 

proceedings shall alternate with the House proceedings in order of placement in consecutive issues 

insofar as such an arrangement is feasible, and Extensions of Remarks and Daily Digest shall follow: 

Provided, That the makeup of the CONGRESSIONAL

RECORD shall proceed without regard to alternation 

whenever the Public Printer deems it necessary in 

order to meet production and delivery schedules. 

2. Type and style.—The Public Printer shall print 

the report of the proceedings and debates of the Senate and House of Representatives, as furnished by 

the official reporters of the CONGRESSIONAL RECORD, 

in 8-point type; and all matter included in the remarks or speeches of Members of Congress, other 

than their own words, and all reports, documents, 

and other matter authorized to be inserted in the 

CONGRESSIONAL RECORD shall be printed in 7-point 

type; and all rollcalls shall be printed in 6-point 

type. No italic or black type nor words in capitals or 

small capitals shall be used for emphasis or prominence; nor will unusual indentions be permitted. 

These restrictions do not apply to the printing of or 

quotations from historical, official, or legal documents or papers of which a literal reproduction is 

necessary. 

3. Only as an aid in distinguishing the manner of 

delivery in order to contribute to the historical accuracy of the RECORD, statements or insertions in 

the RECORD where no part of them was spoken will 

be preceded and followed by a ‘‘bullet’’ symbol, 

i.e., ●. 

4. Return of manuscript.—When manuscript is submitted to Members for revision it should be returned 

to the Government Printing Office not later than 9 

o’clock p.m. in order to insure publication in the 

CONGRESSIONAL RECORD issued on the following 

morning; and if all of the manuscript is not furnished at the time specified, the Public Printer is 

authorized to withhold it from the CONGRESSIONAL

RECORD for 1 day. In no case will a speech be printed 

in the CONGRESSIONAL RECORD of the day of its delivery if the manuscript is furnished later than 12 

o’clock midnight. 

5. Tabular matter.—The manuscript of speeches 

containing tabular statements to be published in the 

CONGRESSIONAL RECORD shall be in the hands of the 

Public Printer not later than 7 o’clock p.m., to insure publication the following morning. When possible, manuscript copy for tabular matter should be 

sent to the Government Printing Office 2 or more 

days in advance of the date of publication in the 

CONGRESSIONAL RECORD. Proof will be furnished 

promptly to the Member of Congress to be submitted by him instead of manuscript copy when he 

offers it for publication in the CONGRESSIONAL

RECORD. 

6. Proof furnished.—Proofs or ‘‘leave to print’’ and 

advance speeches will not be furnished the day the 

manuscript is received but will be submitted the following day, whenever possible to do so without causing delay in the publication of the regular proceedings of Congress. Advance speeches shall be set 

in the CONGRESSIONAL RECORD style of type, and not 

more than six sets of proofs may be furnished to 

Members without charge. 

7. Notation of withheld remarks.—If manuscript or 

proofs have not been returned in time for publication in the proceedings, the Public Printer will insert the words ‘‘Mr. —— addressed the Senate 

(House or Committee). His remarks will appear hereafter in Extensions of Remarks’’ and proceed with 

the printing of the CONGRESSIONAL RECORD. 

8. Thirty-day limit.—The Public Printer shall not 

publish in the CONGRESSIONAL RECORD any speech or 

extension of remarks which has been withheld for a 

period exceeding 30 calendar days from the date 

when its printing was authorized: Provided, That at 

the expiration of each session of Congress the time 

limit herein fixed shall be 10 days, unless otherwise 

ordered by the committee. 

9. Corrections.—The permanent CONGRESSIONAL

RECORD is made up for printing and binding 30 days 

after each daily publication is issued; therefore all 

corrections must be sent to the Public Printer within that time: Provided, That upon the final adjournment of each session of Congress the time limit 

shall be 10 days, unless otherwise ordered by the 

committee: Provided further, That no Member of 

Congress shall be entitled to make more than one 

revision. Any revision shall consist only of corrections of the original copy and shall not include deletions of correct material, substitutions for correct 

material, or additions of new subject matter. 

10. The Public Printer shall not publish in the 

CONGRESSIONAL RECORD the full report or print of 

any committee or subcommittee when the report or 

print has been previously printed. This rule shall 

not be construed to apply to conference reports. 

However, inasmuch as House of Representatives 

Rule XXVIII, Section 912, provides that conference 

reports be printed in the daily edition of the CONGRESSIONAL RECORD, they shall not be printed therein a second time. 

11. Makeup of the Extensions of Remarks.—Extensions of Remarks in the CONGRESSIONAL RECORD

shall be made up by successively taking first an extension from the copy submitted by the official reporters of one House and then an extension from the 

copy of the other House, so that Senate and House 

extensions appear alternately as far as possible. The 

sequence for each House shall follow as closely as 

possible the order or arrangement in which the copy 

comes from the official reporters of the respective 

Houses. 

The official reporters of each House shall designate and distinctly mark the lead item among 

their extensions. When both Houses are in session 

and submit extensions, the lead item shall be 

changed from one House to the other in alternate 

issues, with the indicated lead item of the other 

House appearing in second place. When only one 

House is in session, the lead item shall be an extension submitted by a Member of the House in session. 

This rule shall not apply to CONGRESSIONAL RECORDS

printed after the sine die adjournment of the Congress. 

12. Official reporters.—The official reporters of each 

House shall indicate on the manuscript and prepare 

headings for all matter to be printed in Extensions 

of Remarks and shall make suitable reference thereto at the proper place in the proceedings. 

13. Two-page rule—Cost estimate from Public Printer.—(1) No extraneous matter in excess of two printed RECORD pages, whether printed in its entirety in 

one daily issue or in two or more parts in one or 

more issues, shall be printed in the CONGRESSIONAL

RECORD unless the Member announces, coincident 

with the request for leave to print or extend, the estimate in writing from the Public Printer of the 

probable cost of publishing the same. (2) No extraneous matter shall be printed in the House proceedings or the Senate proceedings, with the following exceptions: (a) Excerpts from letters, telegrams, or articles presented in connection with a 

speech delivered in the course of debate; (b) communications from State legislatures; (c) addresses or 

articles by the President and the Members of his 

Cabinet, the Vice President, or a Member of Congress. (3) The official reporters of the House or Senate or the Public Printer shall return to the Member 

of the respective House any matter submitted for 

the CONGRESSIONAL RECORD which is in contravention of these provisions. 

SENATE SUPPLEMENT TO

f‘‘LAWS AND RULES FOR PUBLICATION OF THE CONGRESSIONAL RECORD’’—EFFECTIVE FEBRUARY 10, 1970 

1. Statements brought to the Chamber for insertion in the body of the RECORD will be accepted at 

the desk by the Legislative Clerk when presented 

only by a Senator himself. The statements will be 

reviewed by the Parliamentarian and the Chief of 

Official Reporters of the Senate for compliance with 

the rules and traditions of the Senate. 

2. All such statements will thereafter be printed in 

the body of the RECORD, but shall first be gathered 

editorially by the Chief of Official Reporters in that 

section of the daily CONGRESSIONAL RECORD normally reserved for the transaction of morning business under a separate heading, ‘‘Additional Statements.’’ 

3. Statements may be printed at other locations in 

the RECORD only when, in accordance with the editorial judgment of the Chief of Official Reporters, it 

is essential to do so in the interest of continuity and 

germaneness. 

4. Statements which may be presented at the desk 

so late in the day as to have no sequential relationship to the morning business, shall be held over for 

the next day’s printing, on advice to the presenting 

Senator, or alternatively go, with his consent, into 

the ‘‘Extensions of Remarks’’ section of the RECORD. 

5. All statements accepted under paragraphs (1) to 

(4), inclusive, shall be printed in 8-point type, except 

those parts which, while intrinsic, are insertions of 

themselves, such as editorials, letters and telegrams, newspaper and magazine articles, statistics, 

citations, quotations, speeches, and other papers. 

H

These shall continue to be printed in 7-point type. 

OUSE SUPPLEMENT TO

f‘‘LAWS AND RULES FOR PUBLICATION OF THE CONGRESSIONAL RECORD’’—EFFECTIVE AUGUST 12, 1986 

1. Extensions of Remarks in the daily Congressional 

Record.—When the House has granted leave to print 

(1) a newspaper or magazine article, or (2) any other 

matter not germane to the proceedings, it shall be 

published under Extensions of Remarks. This rule 

shall not apply to quotations which form part of a 

speech of a Member, or to an authorized extension of 

his own remarks: Provided, That no address, speech, 

or article delivered or released subsequently to the 

sine die adjournment of a session of Congress may 

be printed in the CONGRESSIONAL RECORD. Oneminute speeches delivered during the morning business of Congress shall not exceed 300 words. Statements exceeding this will be printed following the 

business of the day. 

2. Any extraneous matter included in any statement by a Member, either under the 1-minute rule 

or permission granted to extend at this point, will 

be printed in the ‘‘Extensions of Remarks’’ section, 

and that such material will be duly noted in the 

Member’s statement as appearing therein. 

3. Under the general leave request by the floor 

manager of specific legislation only matter pertaining to such legislation will be included as per 

the request. This, of course, will include tables and 

charts pertinent to the same, but not newspaper 

clippings and editorials. 

4. In the makeup of the portion of the RECORD entitled ‘‘Extensions of Remarks,’’ the Public Printer 

shall withhold any Extensions of Remarks which exceed economical press fill or exceed production limitations. Extensions withheld for such reasons will be 

printed in succeeding issues, at the direction of the 

Public Printer, so that more uniform daily issues 

may be the end result and, in this way, when both 

Houses have a short session the makeup would be in 

a sense made easier so as to comply with daily proceedings, which might run extremely heavy at 

times. 

5. The request for a Member to extend his or her 

remarks in the body of the RECORD must be granted 

to the individual whose remarks are to be inserted. 

6. All statements for ‘‘Extensions of Remarks,’’ as 

well as copy for the body of the CONGRESSIONAL

RECORD must be submitted on the Floor of the 

House to the Official Reporters of Debates and must 

carry the actual signature of the Member. 

Extensions of Remarks will be accepted up to 15 

minutes after adjournment of the House. To insure 

printing in that day’s proceedings, debate transcript 

still out for revision must be returned to the Office

of Official Reporters of Debates, Room HT–60, the 

Capitol, (1) by 5 p.m., or 2 hours following adjournment, whichever occurs later; or (2) within 30 minutes following adjournment when the House adjourns at 11 p.m., or later. 

7. Pursuant to clause 9 of Rule XIV of the Rules of 

the House, the CONGRESSIONAL RECORD shall be a 

substantially verbatim account of remarks made 

during the proceedings of the House, subject only to 

technical, grammatical and typographical corrections authorized by the Member making the remarks involved. Unparliamentary remarks may be 

deleted only by permission or order of the House. 

Consistent with Rule 9 of the Joint Committee on 

Printing Rules, any revision shall consist only of 

technical, grammatical or typographical corrections 

of the original copy and shall not include deletions 

of correct material, substitutions for correct material or additions of new subject matter. By obtaining 

unanimous consent to revise and extend, a Member 

will be able to relax the otherwise strict prohibition 

contained in clause 9 of Rule XIV only in two respects: (1) to revise by technical, grammatical and 

typographical corrections; and (2) to extend remarks 

in a distinctive type style to follow the remarks actually uttered. In no event would the actually uttered remarks be removable. 

12 

§ 8.6 1 CFR Ch. I (1–1–05 Edition) 

1 A three volume set, ‘‘List of CFR Sections 

Affected, 1973–1985’’, lists all sections of the 

Code which have been affected during the period January 1, 1973 to December 31, 1985. 

parallel citations to the pertinent titles and parts of the Code of Federal 

Regulations. 

(b) Parallel tables of Presidential documents and agency rules. In the Code of 

Federal Regulations Index, or at such 

other place as the Director of the Federal Register considers appropriate, tables of proclamations, Executive orders, and similar Presidential documents which are cited as rulemaking 

authority in currently effective regulations in the Code of Federal Regulations. 

(c) List of CFR sections affected. Following the text of each Code of Federal 

Regulations volume, a numerical list 

of sections which are affected by documents published in the FEDERAL REGISTER. (Separate volumes, ‘‘List of Sections Affected, 1949–1963’’ and ‘‘List of 

CFR Sections Affected, 1964–1972’’, list 

all sections of the Code which have 

been affected by documents published 

during the period January 1, 1949, to 

December 31, 1963, and January 1, 1964, 

to December 31, 1972, respectively.)1

Listings shall refer to FEDERAL REGISTER pages and shall be designed to enable the user of the Code to find the 

precise text that was in effect on a 

given date in the period covered. 

[37 FR 23605, Nov. 4, 1972, as amended at 54 

FR 9677, Mar. 7, 1989] 

§ 8.6 Forms of publication. 

(a) Under section 1506 of title 44, 

United States Code, the Administrative 

Committee authorizes publication of 

the Code of Federal Regulations in the 

following formats: 

(1) Paper; 

(2) Microfiche; and 

(3) Online on GPO Access (44 US.C. 

4101). 

(b) The Director of the Federal Register is authorized to regulate the format of the Code of Federal Regulations 

according to the needs of users and 

compatibility with the facilities of the 

Government Printing Office. The Director may provide for the Code of Federal Regulations to be printed in as 

many separately bound books as necessary, set requirements for microfiche 

images, and oversee the organization 

and means of access to material in the 

online edition. 

[65 FR 8843, Feb. 23, 2000] 

§ 8.7 Agency cooperation. 

Each agency shall cooperate in keeping publication of the Code current by 

complying promptly with deadlines set 

by the Director of the Federal Register 

and the Public Printer. 

§ 8.9 Form of citation. 

The Code of Federal Regulations may 

be cited by title and section, and the 

short form ‘‘CFR’’ may be used for 

‘‘Code of Federal Regulations.’’ For example, ‘‘1 CFR 10.2’’ refers to title 1, 

Code of Federal Regulations, part 10, 

section 2. 

PART 9—THE UNITED STATES 

GOVERNMENT MANUAL 

Sec. 

9.1 Publication required. 

9.2 Scope. 

AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, 

19 FR 2709; 3 CFR, 1954–1958 Comp., p. 189. 

SOURCE: 37 FR 23606, Nov. 4, 1972, unless 

otherwise noted. 

§ 9.1 Publication required. 

The Director of the Federal Register 

shall separately publish annually or at 

times designated by the Administrative Committee of the Federal Register 

a special edition of the FEDERAL REGISTER called ‘‘The United States Government Manual’’ or any other title 

that the Administrative Committee of 

the Federal Register considers appropriate. The Director of the Federal 

Register may issue special supplements 

to the Manual when such supplementation is considered to be in the public 

interest. 

[54 FR 9677, Mar. 7, 1989] 

§ 9.2 Scope. 

(a) The Manual shall contain appropriate information about the Executive, Legislative, and Judicial branches 

of the Federal Government, which for 

the major Executive agencies shall include— 

13 

Admin. Comm. of the Federal Register § 10.12 

(1) Descriptions of the agency’s public purposes, programs and functions; 

(2) Established places and methods 

whereby the public may obtain information and make submittals or requests; and 

(3) Lists of officials heading major 

operating units. 

(b) Brief information about 

quasiofficial agencies and supplemental information that in the opinion 

of the Director of the Federal Register 

is of enough public interest to warrant 

inclusion shall also be published in the 

Manual. 

PART 10—PRESIDENTIAL PAPERS 

Subpart A—Weekly Publication 

Sec. 

10.1 Publication required. 

10.2 Scope and sources. 

10.3 Format, indexes, and ancillaries. 

Subpart B—Annual Publication 

10.10 Publication required. 

10.11 Scope and sources. 

10.12 Format, indexes, and ancillaries. 

10.13 Coverage of prior years. 

AUTHORITY: 44 U.S.C. 1506; sec. 6, E.O. 10530, 

19 FR 2709, 3 CFR, 1954–1958 Comp., p. 189. 

SOURCE: 50 FR 12467, Mar. 28, 1985, unless 

otherwise noted. 

Subpart A—Weekly Publication 

§ 10.1 Publication required. 

The Director of the Federal Register 

shall publish a special edition of the 

FEDERAL REGISTER called the ‘‘Weekly 

Compilation of Presidential Documents’’. 

§ 10.2 Scope and sources. 

(a) The basic text of each publication 

consists of oral statements by the 

President or of writing subscribed by 

the President, and selected from transcripts or text issued by the Office of 

the White House Press Secretary, including— 

(1) Communications to Congress; 

(2) Public addresses and remarks; 

(3) News conferences and interviews; 

(4) Public messages and letters; 

(5) Statements released on miscellaneous subjects; and 

(6) Formal executive documents promulgated in accordance with law. 

(b) In addition, each publication includes selections, either in full text or 

ancillary form, from the following 

groups of documents, when issued by 

the Press Office. 

(1) Announcements of Presidential 

appointments and nominations; 

(2) White House statements and announcements on miscellaneous subjects; 

(3) Statements by the Press Secretary or Deputy Press Secretary; 

(4) Statements and news conferences 

by senior administration officials; and 

(5) Fact sheets. 

§ 10.3 Format, indexes, and ancillaries. 

(a) The Administrative Committee 

publishes the paper edition of the 

Weekly Compilation of Presidential 

Documents in the binding and style it 

considers suitable for public and official use. 

(b) The Administrative Committee 

publishes the online edition of the 

Weekly Compilation of Presidential 

Documents on GPO Access (44 U.S.C. 

4101). 

(c) The Weekly Compilation of Presidential Documents is appropriately indexed and contains ancillary information on Presidential activities and documents not carried in full text. In general, ancillary texts, notes and tables 

are derived from official sources. 

[65 FR 8843, Feb. 23, 2000] 

Subpart B—Annual Publication 

§ 10.10 Publication required. 

The Director of the Federal Register 

shall publish annually a special edition 

of the FEDERAL REGISTER called the 

‘‘Public Papers of the Presidents of the 

United States’’. 

§ 10.11 Scope and sources. 

The basic text of the Public Papers 

consists of the documents printed in 

the ‘‘Weekly Compilation of Presidential Documents’’. 

§ 10.12 Format, indexes, and ancillaries. 

(a) Each publication covers one calendar year, unless procedures require 

14 

§ 10.13 1 CFR Ch. I (1–1–05 Edition) 

otherwise, and is divided into books according to the amount of material to 

be included. The publication is published in the binding and style that the 

Administrative Committee of the Federal Register considers suitable to the 

dignity of the Office of the President of 

the United States. 

(b) Each publication is appropriately 

indexed and contains additional ancillary information and illustrative material respecting significant Presidential 

documents and activities. 

§ 10.13 Coverage of prior years. 

The Administrative Committee may 

authorize the publication of volumes of 

papers of the Presidents covering specified years before 1945 after consulting 

with the National Historical Publications and Records Commission.