Volume 53 · 1220
Public Law 76–481
To provide for the disposition of certain records of the United States Government.
Approved August 5, 1939
Statutory text
AN ACT
To provide for the disposition of certain records of the United States Government.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That whenever any
Government records.
Disposition of certain, not needed in transaction of current business.
agency of the United States Government has in its custody an accumulation of records that are not needed by it in the transaction of its current business and that appear to it to have no permanent value or historical interest, the head of such agency shall submit a written
Report to Archivist.
report thereon to the Archivist of the United States in which he shall state the location and describe the character of such records so as to enable the Archivist to identify them. Said report shall be submitted in triplicate and shall be accompanied by samples of the several kinds of records listed therein.
Sec. 2.
When used in this Act, the word “records” means originals
“Records” defined.
or copies of motion-picture or other photographic records in any form whatsoever, sound recordings, correspondence, papers, indexes, maps, charts, plans, drawings, punch cards, tabulation sheets, pictures, and other kinds of records belonging to the United States Government.
Sec. 3.
The Archivist, with the approval of the National Archives
Submission of lists to Congress.
Council, shall submit to Congress, at such times as he shall deem expedient, lists of records reported to him in the manner prescribed by section 1 of this Act that appear to him to have no permanent value or historical interest to the Federal Government.
Sec. 4.
Whenever the Archivist shall submit to Congress, in compliance
Appointment of joint Congressional committee to examine and make recommendation.
with the provisions of section 3 of this Act, lists of records that appear to him to have no permanent value or historical interest to the Federal Government, it shall be the duty of the presiding officer of the Senate to appoint two Senators who, with the members of the Committee on the Disposition of Executive Papers of the House of Representatives, shall constitute a joint committee, to which such lists shall be referred, and said joint committee shall meet and examine said lists and submit to the Senate and House of Representatives, respectively, a report of such examination and their recommendation.
Sec. 5.
If such joint committee report that any of the records described in the lists referred to them are not needed or useful in the transaction of the current business of the agency by which they were reported to the Archivist and have no permanent value or historical interest to the Federal Government, then it shall be the duty of the head of said agency to dispose of said records by one of the following
Methods.
methods:
By sale, upon the best obtainable terms after due publication of notice inviting proposals therefor;
By causing them to be destroyed;
By transfer (without cost to the United States Government) to any State or dependency of the United States of America or to any appropriate educational institution, library, museum, historical, research, or patriotic organization therein, that has made application
Disposition of proceeds.
to him therefor, through the Archivist of the United States. All moneys derived from the sale of such records shall be paid into the Treasury of the United States by said agency.
Disposition, on failure of joint committee to report.
If said joint committee shall fail to make a report during any regular or special session of Congress on any list of records that has been submitted to Congress by the Archivist not less than ten days prior to the adjournment of such session, the Archivist may empower the agency by which such records were reported to him to dispose of them by any of the methods prescribed in this section.
Disposition between sessions.
If it shall appear to the Archivist that any records reported to him in the manner prescribed by section 1 of this Act, while Congress is not in session, have no permanent value or historical interest and have the same form numbers or form letters or are of the same specific kind as other records of the same agency previously authorized for disposition by Congress, he may empower said agency to make disposition of said similar records by any of the methods prescribed in this section.
Report to Congress.
The Archivist shall submit to Congress at the beginning of each session a descriptive list of all records authorized for disposition by him during the preceding recess of Congress.
Sec. 6.
When any records of the United States Government have been disposed of in accordance with the provisions of section 5 of this Act, the head of the agency making such disposition shall submit a written report thereon to the Archivist of the United States in which he shall describe the character and volume of such records and state when and by what method the disposition thereof was accomplished. If any of the records described in a particular report are shown thereby to have been sold, such report shall give the amount of the purchase price received therefor and the total cost of effecting such sales. Said report shall also give the names and post-office addresses of all institutions, associations, or other organizations to which any records therein described have been transferred.
Sec. 7.
The Archivist of the United States shall transmit to Congress, at the beginning of each regular session, a concise summarization of the data contained in the reports filed with him by heads of agencies of the Government during the preceding fiscal year in compliance with the provisions of section 6 of this Act.
Sec. 8.
Whenever the Archivist shall determine that any records in his custody, or which have been reported to him by any agency under the terms of section 1 of this Act, are a continuing menace to human health or life or to property, he shall cause such records to be destroyed immediately at such place and by such method as he shall select: Provided, however, That if said records have been
Proviso.
Report to Congress.
transferred to his custody, he shall report the disposition thereof to the Congress and to the agency from which they were transferred.
Sec. 9.
Whenever it shall appear to the Archivist that there are
Report by Archivist of records in his custody without permanent value, etc.
in his custody any records that are without permanent value or historical interest to the Federal Government he shall submit lists thereof to Congress in the manner provided by section 3 of this Act: Provided, however, That the Archivist shall not report to Congress,
Proviso.
Records of existing agencies.
under the provisions of this section, records of any existing agency of the United States without the written consent of the said agency.
Sec. 10.
The procedures herein prescribed to be followed are exclusive,
Procedures prescribed deemed exclusive.
and no records of the United States Government may be alienated or destroyed except by authority sought and obtained under the provisions of this Act.
Sec. 11.
All Acts or parts of Acts inconsistent with the provisions
Repeal of inconsistent Acts.
of this Act are hereby repealed.
Approved, August 5, 1939.