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119th Congress

Title 44 — Public Printing and Documents

Chapter 33 — Disposal of Records

§ 3303a. Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records

Statutory text

(a)

The Archivist shall examine the lists and schedules submitted to the Archivist under section 3303 of this title. If the Archivist determines that any of the records listed in a list or schedule submitted to the Archivist 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, the Archivist 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 Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with respect to the disposal of any particular records under this chapter whenever the Archivist 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 the Archivist’s 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 the Archivist considers appropriate to keep the Congress fully informed regarding the disposal of records under this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 91–287 § 1 · 84 Stat. 319

    Enacted · 44 U.S.C. § 3303a

    Added Pub. L. 91–287, § 1, June 23, 1970, 84 Stat. 320

    Source evidence

    Code source credit
    Added Pub. L. 91–287, § 1, June 23, 1970, 84 Stat. 320

    Enacted provision · exact public law section
    (1) section 3304 (relating to lists and schedules of records lacking preservation value ana their submission to Congress by the Administrator of General Services);

  2. Pub. L. 95–440 § 1(a) · 92 Stat. 1063

    1. Inserted · 44 U.S.C. § 3303a(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;

    2. Struck · 44 U.S.C. § 3303a(b)

      Pub. L. 95–440, § 1(a), made schedules promulgated by Administrator under subsec. (d) of this section mandatory; struck out provision making permissive authorizations granted under subsec. (d) schedules

    Source evidence

    Code amendment note
    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.

  3. Pub. L. 95–440 § 1(b) · 92 Stat. 1063

    Substituted · 44 U.S.C. § 3303a(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

    Source evidence

    Code amendment note
    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.

  4. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(25)(B) · 98 Stat. 2280

    Substituted · 44 U.S.C. § 3303a

    Pub. L. 98–497, § 107(b)(25)(B), substituted “Archivist” for “Administrator of General Services” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 98–497, § 107(b)(25)(B), substituted “Archivist” for “Administrator of General Services” in section catchline.

    Enacted provision · exact public law section
    (B) The heading of section 3303a of such title is amended to read as follows: “§ 3303a. Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records”.

    Effective date note
    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.

  5. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(24) · 98 Stat. 2280

    1. Substituted · 44 U.S.C. § 3303a(a)

      Pub. L. 98–497, § 107(b)(24), substituted “Archivist” for “Administrator of General Services”

    2. Substituted · 44 U.S.C. § 3303a(a)

      Pub. L. 98–497, § 107(b)(24), substituted “Archivist” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–497, § 107(b)(24), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator”.

    Enacted provision · exact public law section
    (24) Sections 3303a and 3310 of such title are amended— (A) by striking out “Administrator of General Services” and inserting in lieu thereof “Archivist”; and (B) by striking out “Administrator” each place it appears and inserting in lieu thereof “Archivist”.

    Effective date note
    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.

  6. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 204 · 98 Stat. 2280

    Inserted · 44 U.S.C. § 3303a(a)

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 204. public notice Section 3303a(a) of title 44, United States Code, is amended by inserting “, after publication of notice in the Federal Register and an opportunity for interested persons to submit comment thereon” immediately after “may” in the second sentence thereof.

    Effective date note
    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.

  7. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(24)(B) · 98 Stat. 2280

    Substituted · 44 U.S.C. § 3303a(b)(f)

    Pub. L. 98–497, § 107(b)(24)(B), substituted “Archivist” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (b) to (f). Pub. L. 98–497, § 107(b)(24)(B), substituted “Archivist” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (B) by striking out “Administrator” each place it appears and inserting in lieu thereof “Archivist”.

    Effective date note
    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.

  8. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 title II § 223(10) · 110 Stat. 1718

    Substituted · 44 U.S.C. § 3303a(c)

    Pub. L. 104–186 substituted “House Oversight” for “House Administration”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.

    Enacted provision · exact public law section
    (10) Section 3303a(c) of title 44, United States Code, is amended by striking out “House Administration” and inserting in lieu thereof “House Oversight”.

  9. National Archives and Records Administration Efficiency Act of 2004

    Pub. L. 108–383 § 2(b) · 118 Stat. 2218

    Struck · 44 U.S.C. § 3303a(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Subsection (d) of section 3303a of title 44, United States Code, is amended by striking the second sentence.

  10. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 8(13)(A) · 128 Stat. 2003

    1. Substituted · 44 U.S.C. § 3303a(a)

      Pub. L. 113–187, § 8(13)(A), in introductory provisions, substituted “submitted to the Archivist” for “submitted to him”

    2. Substituted · 44 U.S.C. § 3303a(a)

      Pub. L. 113–187, § 8(13)(A), in introductory provisions, substituted “the Archivist may” for “he may”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–187, § 8(13)(A), in introductory provisions, substituted “submitted to the Archivist” for “submitted to him” in two places and “the Archivist may” for “he may”.

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by striking “him” and inserting “the Archivist”, each place it appears; and (ii) by striking “he” and inserting “the Archivist”;

  11. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 8(13)(B) · 128 Stat. 2003

    Substituted · 44 U.S.C. § 3303a(c)

    Pub. L. 113–187, § 8(13)(B), substituted “the Archivist considers” for “he considers” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–187, § 8(13)(B), substituted “the Archivist considers” for “he considers” in introductory provisions.

    Enacted provision · exact public law section
    (B) in subsection (c), by striking “he” and inserting “the Archivist”;

  12. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 5(d) · 128 Stat. 2003

    Substituted · 44 U.S.C. § 3303a(c)

    Pub. L. 113–187, § 5(d), substituted “the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate” for “the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–187, § 5(d), substituted “the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate” for “the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives” in introductory provisions.

    Enacted provision · exact public law section
    (d) Examination by Archivist of Lists and Schedules of Records Lacking Preservation Value; Disposal of Records.— Section 3303a(c) of title 44, United States Code, is amended by striking “the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives” and inserting “the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate”.

  13. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 8(13)(C) · 128 Stat. 2003

    Substituted · 44 U.S.C. § 3303a(e)

    Pub. L. 113–187, § 8(13)(C), substituted “the Archivist’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–187, § 8(13)(C), substituted “the Archivist’s” for “his”.

    Enacted provision · exact public law section
    (C) in subsection (e), by striking “his” and inserting “the Archivist’s”; and

  14. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 8(13)(D) · 128 Stat. 2003

    Substituted · 44 U.S.C. § 3303a(f)

    Pub. L. 113–187, § 8(13)(D), substituted “the Archivist considers” for “he considers”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 113–187, § 8(13)(D), substituted “the Archivist considers” for “he considers”.

    Enacted provision · exact public law section
    (D) in subsection (f), by striking “he” and inserting “the Archivist”.

14 of 17 references resolved to an enrolled provision · 3 partial

Editorial Notes

Amendments1978–2014 · 5 rounds

2014

Subsec. (a). Pub. L. 113–187, § 8(13)(A), in introductory provisions, substituted “submitted to the Archivist” for “submitted to him” in two places and “the Archivist may” for “he may”.

Subsec. (c). Pub. L. 113–187, § 8(13)(B), substituted “the Archivist considers” for “he considers” in introductory provisions.

Pub. L. 113–187, § 5(d), substituted “the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate” for “the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives” in introductory provisions.

Subsec. (e). Pub. L. 113–187, § 8(13)(C), substituted “the Archivist’s” for “his”.

Subsec. (f). Pub. L. 113–187, § 8(13)(D), substituted “the Archivist considers” for “he considers”.

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.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, . Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective , 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 , 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.

Credits

1970–2014 · 6 acts
  1. 1970Added Pub. L. 91–287, § 1, , 84 Stat. 320
  2. 1978amended Pub. L. 95–440, § 1, , 92 Stat. 1063
  3. 1984Pub. L. 98–497, title I, § 107(b)(24), (25)(B), title II, § 204, , 98 Stat. 2290, 2294
  4. 1996Pub. L. 104–186, title II, § 223(10), , 110 Stat. 1752
  5. 2004Pub. L. 108–383, § 2(b), , 118 Stat. 2218
  6. 2014Pub. L. 113–187, §§ 5(d), 8(13), , 128 Stat. 2010, 2012.
Show as published

(Added Pub. L. 91–287, § 1, , 84 Stat. 320; amended Pub. L. 95–440, § 1, , 92 Stat. 1063; Pub. L. 98–497, title I, § 107(b)(24), (25)(B), title II, § 204, , 98 Stat. 2290, 2294; Pub. L. 104–186, title II, § 223(10), , 110 Stat. 1752; Pub. L. 108–383, § 2(b), , 118 Stat. 2218; Pub. L. 113–187, §§ 5(d), 8(13), , 128 Stat. 2010, 2012.)

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