GOVERNMENT RECORDS - DISPOSAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73-00099A000200030001-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: November 16, 2016
• Document Release Date: April 20, 1999
• Sequence Number: 1
• Publication Date: June 23, 1970
• Content Type: OPEN

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P.L. 91-287 LAWS OI,' 91st CONG.-2nd SESS. June 23
GOVERNMENT RECORDS-DISPOSAL
For Legislative History of Act, sec p. 2167
PUBLIC LAW 91-287; 84 STAT. 320
An Act to amend title 44, United States Code, to facilitate the disposal of
Government records without sufficient value to warrant their con.
tinued preservation, to abolish the Joint Committee on the Disposition
of Executive papers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That:
Chapter 33 (relating to disposal of records) of title 44, United
States Code,36 is amended by inserting immediately after section
3303 thereof the following new section:
3303a. Examination by Administrator of General Services of
lists and schedules of records lacking preservation
value; disposal of records
"(a) The Administrator of General Services shall examine the lists
and schedules submitted to him under section 3303 of this title. If
the Administrator 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, re-
search, or other value to warrant their continued preservation by the
Government, he may-
"(1) notify the agency to that effect; and
"(2) empower the agency to dispose of those records in ac-
cordance with regulations promulgated under section 3302 of
this title.
"(b) Authorizations granted under lists and schedules submitted
to the Administrator under section 3303 of this title shall be manda-
tory, subject to section 2909 of this title. Authorizations granted un-
der schedules promulgated under subsection (d) of this section shall
be permissive.
"(c) The Administrator may reouest advice and counsel from the
Committee on Rules and Administration of the Senate and the Com-
mittee on House Administration 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 Administrator to re-
quest such advice and counsel as a regular procedure in the general
disposal of records under this chapter.
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"(d) The Administrator may 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 suf-
ficient administrative, legal, research, or other value to warrant
their further preservation by the United 'States Government.
"(e) The Administrator 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 Administrator shall make an annual report to the Con-
gress concerning the disposal of records under this chapter, includ-
ing general descriptions of the types of records disposed of and
such other information as he considers appropriate to keep ':e
Congress fully informed regarding the disposal of records under
this chapter.".
Sec. 2. (a) Section 3308 (relating to disposal of similar records
where prior disposal was authorized) of title 44, United States
Code,37 is amended by striking out "by Congress".
(b) Section 3309 (TClating to preservation of claims of Gov-
ernment until settled in General Accounting Office) of title 44, Unit-
ed States Code,33 is amended by striking out "under sections 3306-
3308 of this title" and inserting in lieu thereof "under this chapter".
(c) The following sections of chapter 33 of title 44, United States
Code,39 are hereby repealed:
(1) section 3304 (relating to lists and schedules of records
lacking preservation value and their submission to Congress
by the Administrator of General Services) ;
(2) section 3305 (relating to examination of lists and sched-
ules by the joint congressional committee for the disposition of
certain records of the United States Government and the report
of that joint committee to the Congress) ;
(3) section 3306 (relating to disposal of records by agency
heads upon notification by the Administrator of General Serv-
ices of the action of the joint congressional committee) ; and
(4) section 3307 (relating to disposal of records upon failure
of the joint congressional committee to act).
Sec. 3. The table of sections of chapter 33 of title 44, United
States Code, is amended by striking out-
"3304. Lists and schedules of records lacking preservation value; sub-
mission to Congress by Administrator of General Services.
"3305. Examination of lists and schedules by joint congressional com-
lnittee and report to Congress.
"3306. Disposal of records by head of Government agency upon notifi-
cation by Administrator of General Services of action by joint
congressional committee.
"3307. Disposal of records upon failure of joint congressional committee
to act."
and inserting in lieu thereof-
5 303a. Examination by Adnllnist.rator of General Services of lists and
schedules of record:; lacking preservation value; disposal of
records.".
Sec. 4. Section 2909 (relating to retention of records) of title 4.4,
United States Code,h' is anl,'ndcd by striking out "approved by Con
?Tess" wherever occurring therein.
Approved June 23, 1970.
37. 44 U.S.C.A. r 3308. 30. 44 U.S.C.A. 35 3304 to 3307.
38. 44 U.S.C.A. 3303.
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