§ 3303a. — Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC3303a]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 33--DISPOSAL OF RECORDS
Sec. 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. A Federal agency may
request changes in such schedules for its records pursuant to section
2909 of this title.
(e) The Archivist may approve and effect the disposal of records
that are in his legal custody, provided that records that had been in
the custody of another existing agency may not be disposed of without
the written consent of the head of the agency.
(f) The Archivist shall make an annual report to the Congress
concerning the disposal of records under this chapter, including general
descriptions of the types of records disposed of and such other
information as he considers appropriate to keep the Congress fully
informed regarding the disposal of records under this chapter.
(Added Pub. L. 91-287, Sec. 1, June 23, 1970, 84 Stat. 320; amended Pub.
L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063; Pub. L. 98-497, title
I, Sec. 107(b)(24), (25)(B), title II, Sec. 204, Oct. 19, 1984, 98 Stat.
2290, 2294; Pub. L. 104-186, title II, Sec. 223(10), Aug. 20, 1996, 110
Stat. 1752.)
Amendments
1996--Subsec. (c). Pub. L. 104-186 substituted ``House Oversight''
for ``House Administration''.
1984--Pub. L. 98-497, Sec. 107(b)(25)(B), substituted ``Archivist''
for ``Administrator of General Services'' in section catchline.
Subsec. (a). Pub. L. 98-497, Sec. 107(b)(24), substituted
``Archivist'' for ``Administrator of General Services'' and
``Archivist'' for ``Administrator''.
Pub. L. 98-497, Sec. 204, inserted ``, after publication of notice
in the Federal Register and an opportunity for interested persons to
submit comment thereon'' after ``may'' in second sentence.
Subsecs. (b) to (f). Pub. L. 98-497, Sec. 107(b)(24)(B), substituted
``Archivist'' for ``Administrator'' wherever appearing.
1978--Subsec. (b). Pub. L. 95-440, Sec. 1(a), made schedules
promulgated by Administrator under subsec. (d) of this section
mandatory; inserted provision for application of authorization providing
for shorter retention period as between an authorization granted under
lists and schedules submitted under section 3303 of this title and an
authorization in a schedule promulgated under subsec. (d) of this
section; and struck out provision making permissive authorizations
granted under subsec. (d) schedules.
Subsec. (d). Pub. L. 95-440, Sec. 1(b), (c), substituted ``shall''
for ``may'' in first sentence and authorized Federal agencies to request
changes in disposal schedules for its records pursuant to section 2909
of this title.
Change 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.
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.
Section Referred to in Other Sections
This section is referred to in section 3105 of this title.
