dreamproit/uscode huggingface dataset:
44 U.S.C. § 3105 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3106 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 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.”
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3107 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: 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).
heading: References in Text
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.
heading: Amendments
text: 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”.
44 U.S.C. § 3301 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 366 (July 7, 1943, ch. 192, § 1, 57 Stat. 380).
heading: Amendments
text: 1976—Pub. L. 94–575 expanded “records” to include “machine readable materials”.
44 U.S.C. § 3302 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 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.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3303 (PUBLIC PRINTING AND DOCUMENTS)
§ 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 administrative, 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 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.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3304 to 3307 (PUBLIC PRINTING AND DOCUMENTS)
[§§ 3304 to 3307. Repealed. Pub. L. 91–287, § 2(c), June 23, 1970, 84 Stat. 321]
text: 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.
text: 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.
text: 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.
text: 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.
44 U.S.C. § 3308 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
1970—Pub. L. 91–287 struck out “by Congress” after “authorized”.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3309 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 374 (July 7, 1943, ch. 192, § 9, 57 Stat. 382).
heading: Amendments
text: 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”.
44 U.S.C. § 3310 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3311 (PUBLIC PRINTING AND DOCUMENTS)
§ 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 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.)
heading: Historical and Revision Notes
text: 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).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” in section catchline and text.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3312 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 378 (July 7, 1943, ch. 192, § 13, 57 Stat. 382).
44 U.S.C. § 3313 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 379 (July 7, 1943, ch. 192, § 14, 57 Stat. 383).
44 U.S.C. § 3314 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 380 (July 7, 1943, ch. 192, § 15, 57 Stat. 383).
44 U.S.C. § 3315 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Termination of Commission
text: For provision that Commission is to cease to exist sixty days after transmitting its report, see section 3323 of this title.
44 U.S.C. § 3316 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Termination of Commission
text: For provision that Commission is to cease to exist sixty days after transmitting its report, see section 3323 of this title.
44 U.S.C. § 3317 (PUBLIC PRINTING AND DOCUMENTS)
§ 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 establishing means to determine which records and documents are produced by or on behalf of the President;
(5) the nature of rules and procedures which should apply to the control, disposition, and preservation of records and documents produced by Presidential task forces, commissions, and boards;
(6) criteria which may be used generally in determining the scope of materials which should be considered to be the records and documents of Members of the Congress;
(7) the privacy interests of individuals whose communications with Federal officials, and with task forces, commissions, and boards, are a part of the records and documents produced by such officials, task forces, commissions, and boards; and
(8) any other problems, questions, or issues which the Commission considers relevant to carrying out its duties under section 3315 through section 3324 of this title.
(Added Pub. L. 93–526, title II, § 202, Dec. 19, 1974, 88 Stat. 1699.)
heading: References in Text
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.
heading: Termination of Commission
text: For provision that Commission is to cease to exist sixty days after transmitting its report, see section 3323 of this title.
44 U.S.C. § 3319 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Termination of Commission
text: For provision that Commission is to cease to exist sixty days after transmitting its report, see section 3323 of this title.
44 U.S.C. § 3320 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.)
heading: Termination of Commission
text: For provision that Commission is to cease to exist sixty days after transmitting its report, see section 3323 of this title.