[Senate Prints 111-30]
[From the U.S. Government Publishing Office]




                           [COMMITTEE PRINT]         S. Prt. 111-30


                           UNITED STATES CODE



                                Title 44



                     PUBLIC PRINTING AND DOCUMENTS


                       And Miscellaneous Statutes
                       Identifying the Authority
                                 of the

                      JOINT COMMITTEE ON PRINTING



                              2010 EDITION

                              ----------                              

             For the use of the Joint Committee on Printing

                              ----------                              

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]




                           [COMMITTEE PRINT]          S. Prt. 111-30

 
                           UNITED STATES CODE

                                Title 44


                     PUBLIC PRINTING AND DOCUMENTS


                       And Miscellaneous Statutes
                       Identifying the Authority
                                 of the

                      JOINT COMMITTEE ON PRINTING



                              2010 EDITION

                              ----------                              

             For the use of the Joint Committee on Printing

                              ----------                              


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


51-800


                      Printed Under the Direction
                                 of the

                      Joint Committee on Printing

                              ----------                              
               Senate                               House
Charles E. Schumer, New York         Robert A. Brady, Pennsylvania
  Chairman                             Vice Chairman
Patty Murray, Washington             Michael E. Capuano, Massachusetts
Tom Udall, New Mexico                Susan A. Davis, California
Robert F. Bennett, Utah              Daniel E. Lungren, California
Saxby Chambliss, Georgia               Ranking Minority Member
                                     Kevin McCarthy, California






                           TABLE OF CONTENTS

                              ----------                              

Title 44, Public Printing and Documents..........................     1

                         Miscellaneous Statutes

Title 1, Chap. 2, Sec. 101-114, Acts and Resolutions, Statutes at 
  Large, TIAS....................................................   157
Title 1, Chap. 3, Sec. 201-213, Code of Laws of United States and 
  Supplements....................................................   166
Title 2, Chap. 2, Sec. 28-29, Precedents of House of 
  Representatives................................................   170
Title 2, Chap. 3, Sec. 54-56, Annotated United States Code.......   172
Title 2, Chap. 4, Sec. 103-110, Semiannual Statements of 
  Expenditures by Secretary of Senate, Report of Disbursements 
  for House of Representatives, Stationery.......................   172
Title 2, Chap. 4, Sec. 114-117, Senate Journal, House Daily 
  Calendar, Sale of Waste Paper..................................   177
Title 2, Chap. 5, Sec. 168, Constitution of the United States 
  Annotated......................................................   178
Title 2, Chap. 5, Sec. 180-181, Legislative Information Retrieval 
  System.........................................................   179
Title 2, Chap. 5, Sec. 183, Written History of the House of 
  Representatives................................................   179
Title 2, Chap. 9a, Sec. 285, Office of Law Revision Counsel......   180
Title 2, Chap. 29, Sec. 1910, Capitol Police Report of 
  Disbursements..................................................   181
Title 2, Chap. 30, Sec. 2104, List of Works of Art in Senate.....   181
Title 4, Chap. 5, Sec. 145, Official Territorial Papers..........   183
Title 15, Chap. 21, Sec. 1025, Economic Indicators...............   184
Title 16, Chap. 12, Sec. 824, Federal Regulation and Development 
  of Power.......................................................   185
Title 20, Chap. 26, Sec. 954, National Endowment for the Arts....   187
Title 28, Chap. 19, Sec. 411, Supreme Court Reports..............   189
Title 28, Chap. 31, Sec. 521, Publication and Distribution of 
  Opinions.......................................................   189
Title 33, Chap. 15, Sec. 701, Flood Control......................   190
Title 36, Chap. 101, Patriotic Organizations.....................   192
Title 40, Chap. 1, Sec. 101, Federal Property....................   193
Laws and Rules for Publication of the Congressional Record.......   197
1 CFR Ch. 1, Part 9, U.S. Government Manual......................   198
1 CFR Ch. 1, Part 10, Presidential Papers........................   199





                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS

  This title was enacted by Pub. L. 90-620, Sec. 1, Oct. 22, 1968, 82 
                               Stat. 1238

  
Chap.                                                               Sec.
1.          Joint Committee on Printing.....................         101
3.          Government Printing Office......................         301
5.          Production and Procurement of Printing and 
              Binding.......................................         501
7.          Congressional Printing and Binding..............         701
9.          Congressional Record............................         901
11.         Executive and Judiciary Printing and Binding....        1101
13.         Particular Reports and Documents................        1301
15.         Federal Register and Code of Federal Regulations        1501
17.         Distribution and Sale of Public Documents.......        1701
19.         Depository Library Program......................        1901
21.         National Archives and Records Administration....        2101
22.         Presidential Records............................        2201
23.         National Archives Trust Fund Board..............        2301
25.         National Historical Publications and Records 
              Commission....................................        2501
27.         Advisory Committee on the Records of Congress...        2701
29.         Records Management by the Archivist of the 
              United States and by the Administrator of 
              General Services..............................        2901
31.         Records Management by Federal Agencies..........        3101
33.         Disposal of Records.............................        3301
35.         Coordination of Federal Information Policy......        3501
36.         Management and Promotion of Electronic 
              Government Services...........................        3601
37.         Advertisements by Government Agencies...........        3701
39.         Government Printing Office: Office of Inspector 
              General.......................................        3901
41.         Access to Federal Electronic Information........        4101


                               Amendments

    2002--Pub. L. 107-347, title I, Sec. 101(b), Dec. 17, 2002, 116 
Stat. 2910, added item 36.
    1993--Pub. L. 103-40, Sec. 2(b), June 8, 1993, 107 Stat. 113, added 
item 41.
    1990--Pub. L. 101-509, title IV, Sec. 1(d)(2), Nov. 5, 1990, 104 
Stat. 1419, added item 27.
    1988--Pub. L. 100-504, title II, Sec. 204, Oct. 18, 1988, 102 Stat. 
2531, added item 39.
    1984--Pub. L. 98-497, title I, Sec. Sec. 102(c)(2), 107(b)(18)(B), 
Oct. 19, 1984, 98 Stat. 2283, 2290, substituted ``National Archives and 
Records Administration'' for ``Archival Administration'' in item 21, and 
inserted ``the Archivist of the United States and by the'' in item 29.
    1980--Pub. L. 96-511, Sec. 2(b), Dec. 11, 1980, 94 Stat. 2825, 
substituted ``Information Policy'' for ``Reporting Services'' in item 
35.
    1978--Pub. L. 95-591, Sec. 2(b)(1), Nov. 4, 1978, 92 Stat. 2528, 
added item 22.
    Pub. L. 95-378, Sec. 2(b), Sept. 22, 1978, 92 Stat. 723, struck out 
item 27 ``Federal Records Council''.
    1974--Pub. L. 93-536, Sec. 2, Dec. 22, 1974, 88 Stat. 1735, 
substituted ``National Historical Publications and Records Commission'' 
for ``National Historical Publications Commission'' in item 25.

      Table Showing Disposition of All Sections of Former Title 44
------------------------------------------------------------------------
   Title 44  Former Sections              Title 44  New Sections
------------------------------------------------------------------------
1..............................  101
2..............................  102
4..............................  103
5..............................  509
6..............................  510
7..............................  511
8..............................  512
9..............................  513
10.............................  514
11.............................  515
12.............................  516
13.............................  517
14.............................  504
15, 16.........................  Rep.
31.............................  301
32.............................  304
33-35..........................  Rep.
36.............................  508
37, 38.........................  Rep.
39.............................  302
39a............................  303
40.............................  305
41.............................  306
42.............................  307
43-46..........................  Rep.
47.............................  316
48.............................  Elim.
49.............................  313
50, 51.........................  Rep.
51a............................  Elim.
52.............................  Elim.
52a............................  308
53.............................  T. 18 Sec.  442
54-57..........................  Rep.
58.............................  505
59.............................  312
60.............................  Rep.
61.............................  315
62.............................  314
63.............................  309
63a............................  309
64.............................  311
71.............................  1702
72.............................  1705
72a............................  1708
73.............................  308, 1702
74.............................  1703
75.............................  1704
76.............................  1710
77.............................  1711
78.............................  1720
79.............................  1707
80.............................  1713
81.............................  1712
81a............................  1901
81b............................  1902
81c............................  1914
82.............................  1905
83.............................  1904
84.............................  1910
84a............................  1912
85.............................  1903, 1906
85a............................  1913
86.............................  1909
87.............................  1907
87a............................  Rep.
88.............................  1908
89.............................  Elim.
90.............................  Rep.
91.............................  1717
91a............................  1716
92.............................  1119, 1911
93.............................  1721
94.............................  1709
95.............................  1701
96.............................  1722
111............................  501
111a...........................  502
111b...........................  503
111c...........................  Elim.
112, 113.......................  Rep.
114............................  1706
115............................  506, 507
116............................  501, 1123
117............................  1103
118............................  1104
119............................  1120
120............................  Elim.
121............................  1111
131............................  701
132............................  702
133............................  703
134............................  702
135............................  705
136............................  714
137............................  704
138............................  715
139............................  1718
139a...........................  1719
140............................  716
141............................  718
142............................  719
143............................  738
144............................  717
145............................  Elim.
146............................  734
147............................  713
148............................  720
149............................  721
150............................  722
151............................  723
152............................  724
153............................  725
154............................  726
155............................  727
156............................  1326
157............................  730
158............................  731
159............................  732
160............................  735
161............................  736
162............................  733
163............................  908
164............................  Rep.
165............................  739
166............................  740
167............................  741
168............................  737
169............................  Elim.
170............................  1333
181............................  901
182............................  902
182a...........................  903
182b...........................  904
182c...........................  905
183............................  906
184............................  Rep.
185............................  907
186............................  Rep.
187............................  909
188............................  910
189............................  706
189a...........................  707
190............................  708
191............................  709
191a...........................  710
192............................  711
193............................  712
194-196........................  Rep.
196a...........................  728
197............................  729
211............................  1101
212 (1st sent.)................  1115
212 (2d sent.).................  1114
213 (1st par.).................  1102
213 (2d par., 1st sent.).......  1116
213 (2d par., 2d sent., 1st      1302
 cl.).
213 (2d par., 2d, 3d sents.)...  1308-1310, 1336
213 (3d par.)..................  1116
213a...........................  1117
214............................  1107
215............................  1110
215a...........................  1714
216............................  1105
217............................  1715
218............................  1106
219............................  1102, 1113
219a...........................  1118
220............................  1108
221............................  Rep.
222............................  1112
223............................  Rep.
224............................  1109
225............................  1121
226............................  Rep.
227............................  1122
228, 229.......................  Elim.
230............................  310
241............................  1301
242............................  Rep.
243............................  1303
244............................  Rep.
245............................  1304
246............................  1307
247............................  Rep.
248............................  1306
249............................  1328
250............................  1317
251, 252.......................  Rep.
253............................  1313
254............................  1314
255, 256.......................  Rep.
257............................  Elim.
258............................  1315
259............................  1316
260............................  1318
261............................  1319
262............................  1320
263............................  1312
265............................  1321
266............................  1322
267............................  Elim.
268............................  Rep.
269............................  1323
270............................  1324
271............................  1325
272............................  1327
273............................  1329
274............................  Rep.
275............................  1331
275a...........................  Rep.
275b...........................  1332
276............................  Rep.
276a...........................  1333
277............................  Rep.
278............................  1334
279............................  1335
279a...........................  Rep.
280, 280a......................  Rep.
281, 282.......................  Rep.
283............................  1337
283a...........................  Rep.
284............................  1338
285............................  1339
286, 287.......................  Rep.
288............................  1340
289............................  1341
290............................  1342
291............................  1343
292............................  Elim.
293, 294.......................  Rep.
295............................  1344
296............................  Rep.
296a...........................  1305
297............................  1311
298............................  1330
300-300f.......................  Rep.
300f-1.........................  Rep.
300g, 300h.....................  Rep.
300h-1.........................  Rep.
300i-300k......................  Rep.
300aa..........................  Rep.
300bb..........................  2301
300cc..........................  2305
300dd..........................  2306
300ee..........................  2307
300ff..........................  2303
300gg..........................  2308
300hh..........................  2302
300ii..........................  2304
300jj..........................  Rep.
301............................  1502
302............................  1503
303............................  1504
304............................  1501
305............................  1505
306............................  1506
307............................  1507
308............................  1508
309............................  1509
310, 310a......................  Rep.
311............................  1510
311a...........................  Rep.
312............................  1511
313, 314.......................  Rep.
321............................  3701
322............................  3703
323............................  Rep.
324............................  3702
325............................  3703
326............................  Rep.
351-365........................  Rep.
366............................  3301
367............................  3302
368............................  3303
369............................  3304
370............................  3305
371............................  3306
372............................  3307
373............................  3308
374............................  3309
375............................  3310
376............................  3311
377............................  Rep.
378............................  3312
379............................  3313
380............................  3314
391............................  1506, 2108, 2301, 2501, 2902
392............................  2903
393(a).........................  2501
393(b).........................  2502
393(c).........................  2503
393(d).........................  2504
393(e).........................  2505
393(f).........................  2504 nt.
393(g).........................  2506
393(h).........................  2507
394............................  2701
395(a).........................  2904
395(b).........................  2905
395(c).........................  2906
395(d).........................  2907
395(e).........................  2908
395(f).........................  2909
396(a).........................  3101
396(b).........................  3102
396(c).........................  3103
396(d).........................  3104
396(e).........................  3105
396(f).........................  3106
396(g).........................  3107
396a...........................  2910
397(a).........................  2103
397(b).........................  2104
397(c).........................  2105
397(d).........................  2106
397(e).........................  2107
397(f).........................  2108
397(g).........................  Rep.
397(h).........................  2109
397(i).........................  2110
397(j).........................  2101
398............................  2111
399............................  2112
400............................  2113
401............................  2901
402............................  2114
421............................  3501
422(a).........................  3503
422(b).........................  3504
422(c).........................  3505
422(d).........................  3506
422(e).........................  3507
423............................  3508
424............................  3509
425............................  3510
426............................  3502
427............................  3511
------------------------------------------------------------------------

                             Enacting Clause

    Section 1 of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, provided 
in part: ``That the general and permanent laws relating to public 
printing and documents are revised, codified, and enacted as title 44, 
United States Code, `Public Printing and Documents', and may be cited as 
`44 U.S.C. Sec. __' ''.


              Legislative Purpose; Inconsistent Provisions

    Section 2(a) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, 
provided that: ``The legislative purpose in enacting section 1 of this 
Act is to restate, without substantive change, the laws replaced by 
those sections on the effective date of this Act. Laws effective after 
January 14, 1968, that are inconsistent with this Act are considered as 
superseding it to the extent of the inconsistency.''


                        References to Other Laws

    Section 2(b) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, 
provided that: ``A reference to a law replaced by section 1 of this Act, 
including a reference in a regulation, order, or other law, is deemed to 
refer to the corresponding provision enacted by this Act.''


               Outstanding Orders, Rules, and Regulations

    Section 2(c) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, 
provided that: ``An order, rule, or regulation in effect under a law 
replaced by section 1 of this Act shall continue in effect under the 
corresponding provision enacted by this Act until repealed, amended, or 
superseded.''


                            Savings Provision

    Section 2(d) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, 
provided that: ``An action taken or an offense committed under a law 
replaced by section 1 of this Act is deemed to have been taken or 
committed under the corresponding provision enacted by this Act.''


                        Legislative Construction

    Section 2(e) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1306, 
provided that: ``An inference of a legislative construction is not to be 
drawn by reason of the location in the United States Code of a provision 
enacted by this Act or by reason of its caption or catchline.''


                              Separability

    Section 2(f) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1306, 
provided that: ``If a provision enacted by this Act is held invalid, all 
valid provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in one or more of its 
applications, the provision remains in effect in all valid applications 
that are severable from the invalid application or applications.''


                                 Repeals

    Pub. L. 107-217, Sec. 4, Aug. 21, 2002, 116 Stat. 1303, repealed 
title V of the Federal Property and Administrative Services Act of 1949, 
act June 30, 1949, ch. 288, as added by act Sept. 5, 1950, ch. 849, 
Sec. 6(d), 64 Stat. 583, which was classified to sections 392 to 401 of 
title 44 prior to the enactment into positive law of Title 44, Public 
Printing and Documents, by Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238. 
Section 3 of Pub. L. 90-620 repealed various laws and parts of laws, 
including section 6(d), but not title V.
    Section 3 of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1306, repealed 
the sections or parts thereof of the Revised Statutes or Statutes at 
Large codified in this title, except with respect to rights and duties 
that matured, penalties that were incurred, and proceedings that were 
begun, before October 22, 1968, and except as provided by section 2 of 
Pub. L. 90-620.


                 CHAPTER 1--JOINT COMMITTEE ON PRINTING

Sec.
101.          Joint Committee on Printing: membership.
102.          Joint Committee on Printing: succession; powers during 
                  recess.
103.          Joint Committee on Printing: remedial powers.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 101. Joint Committee on Printing: membership

    The Joint Committee on Printing shall consist of the chairman and 
four members of the Committee on Rules and Administration of the Senate 
and the chairman and four members of the Committee on House Oversight of 
the House of Representatives.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238; Pub. L. 97-4, Feb. 17, 
1981, 95 Stat. 6; Pub. L. 104-186, title II, Sec. 223(1), Aug. 20, 1996, 
110 Stat. 1751.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 1 (Jan. 12, 1895, ch. 23, 
Sec. 1, 28 Stat. 601; Aug. 2, 1946, ch. 753, title II, Sec. 222, 60 
Stat. 838).
    Last seven words in the statute, ``who shall have the powers 
hereinafter stated'', are omitted as unnecessary since the powers of the 
Committee are stated in other sections.


                               Amendments

    1996--Pub. L. 104-186 substituted ``House Oversight'' for ``House 
Administration''.
    1981--Pub. L. 97-4 substituted ``four members'' for ``two members'' 
in two places.

                         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.


                      Short Title of 2004 Amendment

    Pub. L. 108-383, Sec. 1, Oct. 30, 2004, 118 Stat. 2218, provided 
that: ``This Act [enacting section 2119 of this title, amending sections 
2112, 2504, 2903, 2909, and 3303a of this title, and amending provisions 
set out as a note under section 2901 of this title] may be cited as the 
`National Archives and Records Administration Efficiency Act of 2004'.''


                     Short Title of 2002 Amendments

    Pub. L. 107-347, Sec. 1(a), Dec. 17, 2002, 116 Stat. 2899, provided 
that: ``This Act [see Tables for classification] may be cited as the `E-
Government Act of 2002'.''
    Pub. L. 107-347, title III, Sec. 301(a), Dec. 17, 2002, 116 Stat. 
2946, provided that: ``This title [enacting subchapter III of chapter 35 
of this title, amending sections 3504 to 3506 of this title, section 
2224 of Title 10, Armed Forces, sections 278g-3 and 278g-4 of Title 15, 
Commerce and Trade, and section 11331 of Title 40, Public Buildings, 
Property, and Works, repealing section 11332 of Title 40, enacting 
provisions set out as notes under section 3501 of this title, and 
repealing provisions set out as a note under section 3531 of this title] 
may be cited as the `Federal Information Security Management Act of 
2002'.''
    [For another Federal Information Security Management Act of 2002, 
see section 1001(a) of Pub. L. 107-296, title X, Nov. 25, 2002, 116 
Stat. 2259, set out as a note under section 101 of Title 6, Domestic 
Security.]
    Pub. L. 107-198, Sec. 1, June 28, 2002, 116 Stat. 729, provided 
that: ``This Act [enacting section 3520 of this title, amending sections 
3504 and 3506 of this title, renumbering former section 3520 of this 
title as section 3521, and enacting provisions set out as a note under 
section 601 of Title 5, Government Organization and Employees] may be 
cited as the `Small Business Paperwork Relief Act of 2002'.''


                      Short Title of 2000 Amendment

    Pub. L. 106-444, Sec. 1, Nov. 6, 2000, 114 Stat. 1929, provided 
that: ``This Act [enacting section 2910 of this title] may be cited as 
the `Freedmen's Bureau Records Preservation Act of 2000'.''


                      Short Title of 1995 Amendment

    Pub. L. 104-13, Sec. 1, May 22, 1995, 109 Stat. 163, provided that: 
``This Act [enacting chapter 35 of this title, amending section 91 of 
Title 13, Census, and enacting provisions set out as a note under 
section 3501 of this title] may be cited as the `Paperwork Reduction Act 
of 1995'.''


                      Short Title of 1993 Amendment

    Pub. L. 103-40, Sec. 1, June 8, 1993, 107 Stat. 112, provided that: 
``This Act [enacting sections 4101 to 4104 of this title and enacting 
provisions set out as notes under sections 4101 and 4103 of this title] 
may be cited as the `Government Printing Office Electronic Information 
Access Enhancement Act of 1993'.''


                     Short Title of 1988 Amendments

    Pub. L. 100-504, title II, Sec. 201, Oct. 18, 1988, 102 Stat. 2530, 
provided that: ``This title [enacting sections 3901 to 3904 of this 
title and provisions set out as notes under section 3901 of this title] 
may be cited as the `Government Printing Office Inspector General Act of 
1988'.''
    Pub. L. 100-365, Sec. 1, July 13, 1988, 102 Stat. 823, provided 
that: ``This Act [amending sections 2501, 2503, and 2504 of this title] 
may be cited as the `National Historical Publications and Records 
Commission Amendments of 1988'.''


                     Short Title of 1986 Amendments

    Pub. L. 99-500, Sec. 101(m) [title VIII, Sec. 801], Oct. 18, 1986, 
100 Stat. 1783-308, 1783-335, and Pub. L. 99-591, Sec. 101(m) [title 
VIII, Sec. 801], Oct. 30, 1986, 100 Stat. 3341-308, 3341-335, provided 
that: ``This title [amending sections 3501 to 3507, 3511, 3514, and 3520 
of this title and sections 751, 757, and 759 of former Title 40, Public 
Buildings, Property, and Works, enacting provisions set out as notes 
under section 3503 of this title and section 757 of former Title 40, 
amending provisions set out as a note under section 3503 of this title, 
and repealing provisions set out as a note under section 759 of former 
Title 40] may be cited as the `Paperwork Reduction Reauthorization Act 
of 1986'.''
    Pub. L. 99-323, Sec. 1, May 27, 1986, 100 Stat. 495, provided: 
``That this Act [amending sections 2101 and 2112 of this title and 
enacting provisions set out as a note under section 2112 of this title] 
may be cited as the `Presidential Libraries Act of 1986'.''


                      Short Title of 1984 Amendment

    Pub. L. 98-497, Sec. 1, Oct. 19, 1984, 98 Stat. 2280, provided: 
``That this Act [enacting sections 2103 to 2106 of this title and 
provisions set out as notes under this section and section 2102 of this 
title, redesignating existing sections 2103 to 2114 as sections 2107 to 
2118 of this title, amending sections 710, 711, 729, 1501 to 1503, 1506, 
1714, 2101, 2102, 2107 to 2118, 2204, 2205, 2301 to 2305, 2307, 2501, 
2504, 2506, 2901 to 2909, 3102 to 3106, 3302 to 3303a, 3308, 3310, 3311, 
3504, and 3513 of this title and provisions set out as a note under 
section 2111 of this title, sections 106a, 106b, 112, 113, and 201 of 
Title 1, General Provisions, sections 6 and 11 to 13 of Title 3, The 
President, sections 141 to 145 of Title 4, Flag and Seal, Seat of 
Government, and the States, sections 552a and 5314 of Title 5, 
Government Organization and Employees, section 199a of Title 25, 
Indians, and repealing section 2507 of this title] may be cited as the 
`National Archives and Records Administration Act of 1984'.''


                      Short Title of 1980 Amendment

    Pub. L. 96-511, Sec. 1, Dec. 11, 1980, 94 Stat. 2812, provided: 
``That this Act [enacting sections 3501 to 3520 of this title, amending 
sections 2904 and 2905 of this title, section 5315 of Title 5, 
Government Organizations and Employees, section 1221-3 of Title 20, 
Education, section 1211 of Title 30, Mineral Lands and Mining, and 
section 292h of Title 42, The Public Health and Welfare, omitting former 
sections 3501 to 3512 of this title, and enacting provisions set out as 
notes under sections 3501 and 3503 of this title] may be cited as the 
`Paperwork Reduction Act of 1980'.''


                      Short Title of 1978 Amendment

    Pub. L. 95-591, Sec. 1, Nov. 4, 1978, 92 Stat. 2523, provided: 
``That this Act [enacting sections 2201 to 2207 of this title, amending 
sections 2111 and 2112 of this title, and enacting provisions set out as 
notes under section 2201 of this title] may be cited as the 
`Presidential Records Act of 1978'.''


                      Short Title of 1976 Amendment

    Pub. L. 94-575, Sec. 1, Oct. 21, 1976, 90 Stat. 2723, provided that: 
``This Act [amending sections 2107, 2112, 2115, 2116, 2901, 2902, 2904, 
2906, 2907, 3102, 3103, 3107, 3301, and 3302 of this title, repealing 
section 2910 of this title, and enacting provisions set out as a note 
under section 2901 of this title] may be cited as the `Federal Records 
Management Amendments of 1976'.''


                      Short Title of 1974 Amendment

    Pub. L. 93-526, title II, Sec. 201, Dec. 19, 1974, 88 Stat. 1698, 
provided that: ``This title [enacting sections 3315 to 3324 of this 
title] may be cited as the `Public Documents Act'.''


                               Short Title

    Chapter 35 of this title is popularly known as the ``Paperwork 
Reduction Act''.


Sec. 102. Joint Committee on Printing: succession; powers during 
        recess
        
    The members of the Joint Committee on Printing who are reelected to 
the succeeding Congress shall continue as members of the committee until 
their successors are chosen. The President of the Senate and the Speaker 
of the House of Representatives shall, on the last day of a Congress, 
appoint members of their respective Houses who have been elected to the 
succeeding Congress to fill vacancies which may then be about to occur 
on the Committee, and the appointees and members of the Committee who 
have been reelected shall continue until their successors are chosen.
    When Congress is not in session, the Joint Committee may exercise 
all its powers and duties as when Congress is in session.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 2 (Mar. 2, 1895, ch. 189, 
Sec. 1, 28 Stat. 962; Mar. 3, 1917, ch. 163, Sec. 6, 39 Stat. 1121).
    Changes are made in phraseology.


Sec. 103. Joint Committee on Printing: remedial powers

    The Joint Committee on Printing may use any measures it considers 
necessary to remedy neglect, delay, duplication, or waste in the public 
printing and binding and the distribution of Government publications.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1239.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 4 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1012; 
Mar. 1, 1919, ch. 86, Sec. 11, 40 Stat. 1270).
    Only that portion of section 11 of the 1919 Act that precedes the 
proviso is included in this section. The balance is incorporated in 
section 501 of this revision.
    Changes are made in phraseology.


                 Procurement of Services of Consultants

    Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 669, provided in 
part: ``That, effective October 1, 1977, the Joint Committee is 
authorized (1) to procure the temporary or intermittent services of 
individual consultants, or organizations thereof, in the same manner and 
under the same conditions as a standing committee of the Senate may 
procure such services under subsection (i) of section 202 of the 
Legislative Reorganization Act of 1946, as amended [section 72a(i) of 
Title 2, The Congress], and (2) with the prior consent of the agency 
concerned, to use on a reimbursable basis the services of personnel, 
information, and facilities of any such agency: Provided further, That, 
prior to the employment of any consultants or the procurement of 
services by contract relative to any review and analysis of the 
operation of the Government Printing Office, the Joint Committee shall 
consult with the Legislative Branch Appropriations Subcommittees of the 
House and Senate; and that periodic reports on the progress of any such 
review and analysis be submitted to the Joint Committee on Printing and 
the Legislative Branch Appropriations Subcommittees of the House and 
Senate.''
    Prior similar provisions were contained in Pub. L. 94-303, title I, 
June 1, 1976, 90 Stat. 616.


                  CHAPTER 3--GOVERNMENT PRINTING OFFICE

Sec.
301.          Public Printer: appointment.
302.          Deputy Public Printer: appointment; duties.
303.          Public Printer and Deputy Public Printer: pay.
304.          Public Printer: vacancy in office.
305.          Public Printer: employees; pay.
306.          Public Printer: employment of skilled workmen; trial of 
                  skill.
307.          Public Printer: night work.
308.          Disbursing officer; deputy disbursing officer; certifying 
                  officers and employees.
309.          Revolving fund for operation and maintenance of Government 
                  Printing Office: capitalization; reimbursements and 
                  credits; accounting and budgeting; reports.
310.          Payments for printing, binding, blank paper, and supplies.
311.          Purchases exempt from the Federal Property and 
                  Administrative Services Act; contract negotiation 
                  authority; small purchase threshold.
312.          Machinery, material, equipment, or supplies from other 
                  Government agencies.
313.          Examining boards: paper; bindery materials; machinery.
314.          Inks, glues, and other supplies furnished to other 
                  Government agencies: payment.
315.          Branches of Government Printing Office; limitations.
316.          Detail of employees of Government Printing Office to other 
                  Government establishments.
317.          Special policemen.
318.          Transfer of surplus property; acceptance of voluntary 
                  services.


                               Amendments

    2003--Pub. L. 108-83, title I, Sec. 1302(b), Sept. 30, 2003, 117 
Stat. 1034, added item 318.
    1999--Pub. L. 106-57, title II, Sec. 210(c), Sept. 29, 1999, 113 
Stat. 425, inserted ``; small purchase threshold'' after ``authority'' 
in item 311.
    1985--Pub. L. 99-151, title III, Sec. 305(b)(2), Nov. 13, 1985, 99 
Stat. 808, inserted ``; contract negotiation authority'' in item 311.
    1975--Pub. L. 94-82, title II, Sec. 204(c)(2), Aug. 9, 1975, 89 
Stat. 421, substituted ``pay'' for ``compensation'' in item 303.
    1974--Pub. L. 93-459, Sec. 1(b), Oct. 20, 1974, 88 Stat. 1385, 
substituted ``Disbursing officer; deputy disbursing officer; certifying 
officers and employees.'' for ``Disbursing officer: continuation and 
settlement of accounts during vacancy in office; responsibility for 
accounts; disbursements for Superintendent of Documents.'' in item 308.
    1972--Pub. L. 92-310, title II, Sec. 210(a)(3), June 6, 1972, 86 
Stat. 204, struck out ``; bond'' in item 301.
    1970--Pub. L. 91-359, Sec. 1(b), July 31, 1970, 84 Stat. 668, added 
item 317.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 301. Public Printer: appointment

    The President of the United States shall nominate and, by and with 
the advice and consent of the Senate, appoint a suitable person, who 
must be a practical printer and versed in the art of bookbinding, to 
take charge of and manage the Government Printing Office. His title 
shall be Public Printer.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 92-310, title II, 
Sec. 210(a)(1), (2), June 6, 1972, 86 Stat. 204.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 31 (Jan. 12, 1895, ch. 23, 
Sec. 17, 28 Stat. 603; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 173; Feb. 
20, 1923, ch. 98, 42 Stat. 1278; Mar. 4, 1925, ch. 549, Sec. 1, 43 Stat. 
1299; May 29, 1928, ch. 909, 45 Stat. 1006).
    Changes are made in phraseology.


                               Amendments

    1972--Pub. L. 92-310 struck out ``; bond'' in section catchline, and 
provisions from text which required the Public Printer to give a bond in 
the sum of $25,000.


Sec. 302. Deputy Public Printer: appointment; duties

    The Public Printer shall appoint a suitable person, who must be a 
practical printer and versed in the art of bookbinding, to be the Deputy 
Public Printer. He shall perform the duties formerly required of the 
chief clerk, supervise the buildings occupied by the Government Printing 
Office, and perform any other duties required of him by the Public 
Printer.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1239.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 39 (May 27, 1908, ch. 200, 
Sec. 1, 35 Stat. 382).
    Phraseology is changed to conform with section 301 of this revision.


Sec. 303. Public Printer and Deputy Public Printer: pay

    The annual rate of pay for the Public Printer shall be a rate which 
is equal to the rate for level II of the Executive Schedule under 
subchapter II of chapter 53 of title 5. The annual rate of pay for the 
Deputy Public Printer shall be a rate which is equal to the rate for 
level III of such Executive Schedule.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 94-82, title II, 
Sec. 204(c)(1), Aug. 9, 1975, 89 Stat. 421; Pub. L. 101-520, title II, 
Sec. 209, Nov. 5, 1990, 104 Stat. 2274; Pub. L. 108-83, title I, 
Sec. 1301(a), Sept. 30, 2003, 117 Stat. 1033.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 39a (Pub. L. 88-426, title II, 
Sec. 203(c), (d), Aug. 14, 1964, 78 Stat. 415, as amended Pub. L. 90-
206, title II, Sec. 219(2), (3), Dec. 16, 1967, 81 Stat. 639.)

                       References in Text

    Levels II and III of the Executive Schedule, referred to in text, 
are set out in sections 5313 and 5314, respectively, of Title 5, 
Government Organization and Employees.


                               Amendments

    2003--Pub. L. 108-83 reenacted section catchline without change and 
amended text generally. Prior to amendment, text read as follows: ``The 
annual rate of pay for the Public Printer shall be a rate which is equal 
to the rate for level III of the Executive Schedule of subchapter II of 
chapter 53 of Title 5. The annual rate of pay for the Deputy Public 
Printer shall be a rate which is equal to the rate for level IV of such 
Executive Schedule.''
    1990--Pub. L. 101-520 amended section generally. Prior to amendment, 
section read as follows: ``The annual rate of pay for the Public Printer 
shall be a rate which is equal to the rate for level IV of the Executive 
Schedule of subchapter II of chapter 53 of title 5. The annual rate of 
pay for the Deputy Public Printer shall be a rate which is equal to the 
rate for level V of such Executive Schedule.''
    1975--Pub. L. 94-82 substituted ``pay'' for ``compensation'' in 
section catchline, and substituted provisions setting the rate of pay 
for the Public Printer at a rate equal to the rate for level IV of the 
Executive Schedule and the rate of pay for Deputy Public Printer at a 
rate equal to the rate for level V of such Schedule for provisions 
setting the compensation of the Public Printer and the Deputy Public 
Printer at the rate of $28,750 and $27,500 per annum, respectively.


                    Effective Date of 2003 Amendment

    Pub. L. 108-83, title I, Sec. 1301(b), Sept. 30, 2003, 117 Stat. 
1033, provided that: ``The amendment made by this section [amending this 
section] shall take effect on the first day of the first applicable pay 
period beginning on or after the date of enactment of this Act [Sept. 
30, 2003].''


                            Salary Increases

    1987--Salaries of Public Printer and Deputy Public Printer increased 
respectively to $77,500 and $72,500 per annum, on recommendation of the 
President of the United States, see note set out under section 358 of 
Title 2, The Congress.
    1977--Salaries of the Public Printer and Deputy Public Printer 
increased respectively to $50,000 and $47,500 per annum, on 
recommendation of the President of the United States, see note set out 
under section 358 of Title 2.
    1969--Salaries of the Public Printer and Deputy Public Printer 
increased respectively from $28,750 and $27,500 to $38,000 and $36,000 
per annum, commencing on the first day of the pay period which begins 
after Feb. 14, 1969, on recommendation of the President of the United 
States, see note set out under section 358 of Title 2.


Sec. 304. Public Printer: vacancy in office

    In case of the death, resignation, absence, or sickness of the 
Public Printer, the Deputy Public Printer shall perform the duties of 
the Public Printer until a successor is appointed or his absence or 
sickness ceases; but the President may direct any other officer of the 
Government, whose appointment is vested in the President by and with the 
advice and consent of the Senate, to perform the duties of the vacant 
office until a successor is appointed, or the sickness or absence of the 
Public Printer ceases. A vacancy occasioned by death or resignation may 
not be filled temporarily under this section for longer than ten days, 
and a temporary appointment, designation, or assignment of another 
officer may not be made except to fill a vacancy happening during a 
recess of the Senate.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1239.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 32 (Jan. 12, 1895, ch. 23, 
Sec. 36, 28 Stat. 606; May 27, 1908, ch. 200, Sec. 1, 35 Stat. 382.)


Sec. 305. Public Printer: employees; pay

    (a) The Public Printer may employ journeymen, apprentices, laborers, 
and other persons necessary for the work of the Government Printing 
Office at rates of wages and salaries, including compensation for night 
and overtime work, he considers for the interest of the Government and 
just to the persons employed, except as otherwise provided by this 
section. He may not employ more persons than the necessities of the 
public work require nor more than four hundred apprentices at one time. 
The minimum pay of journeymen printers, pressmen, and bookbinders 
employed in the Government Printing Office shall be at the rate of 90 
cents an hour for the time actually employed. Except as provided by the 
preceding part of this section the rate of wages, including compensation 
for night and overtime work, for more than ten employees of the same 
occupation shall be determined by a conference between the Public 
Printer and a committee selected by the trades affected, and the rates 
and compensation so agreed upon shall become effective upon approval by 
the Joint Committee on Printing. When the Public Printer and the 
committee representing the trade fail to agree as to wages, salaries, 
and compensation, either party may appeal to the Joint Committee on 
Printing, and the decision of the Joint Committee is final. The wages, 
salaries, and compensation so determined are not subject to change 
oftener than once a year.
    (b) The Public Printer may grant an employee paid on an annual basis 
compensatory time off from duty instead of overtime pay for overtime 
work.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 91-167, Dec. 26, 
1969, 83 Stat. 453; Pub. L. 91-369, July 31, 1970, 84 Stat. 693.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 40 (Jan. 12, 1895, ch. 23, 
Sec. Sec. 39, 49, 50, 28 Stat. 607, 608; June 6, 1900, ch. 791, Sec. 1, 
31 Stat. 643; Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 1021, 1024; Aug. 
24, 1912, ch. 355, Sec. 1, 37 Stat. 482; July 8, 1918, ch. 139, Sec. 1, 
40 Stat. 836; Aug. 2, 1919, ch. 30, 41 Stat. 272; Feb. 20, 1923, ch. 98, 
42 Stat. 1278; June 7, 1924, ch. 354, Sec. 1, 43 Stat. 658).
    Last sentence of this section was deleted as executed.


                               Amendments

    1970--Pub. L. 91-369 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1969--Pub. L. 91-167 substituted ``four hundred'' for ``two 
hundred'' as the number of apprentices which the Public Printer may 
employ at one time.


                                 Repeals

    General repealer of provisions inconsistent with Pub. L. 92-392 as 
not repealing or affecting this section, see section 13 of Pub. L. 92-
392, set out as a note under section 5341 of Title 5, Government 
Organization and Employees.


                     Voluntary Separation Incentives

    Pub. L. 105-275, title III, Sec. 309, Oct. 21, 1998, 112 Stat. 2454, 
as amended by Pub. L. 107-68, title II, Sec. 210(a), Nov. 12, 2001, 115 
Stat. 590, provided that:
    ``(a) Severance Pay.--[Amended section 5595 of Title 5, Government 
Organization and Employees.]
    ``(b) Early Retirement.--(1) This subsection applies to an employee 
of the Government Printing Office who--
        ``(A) voluntarily separates from service on or after the date of 
    enactment of this Act [Oct. 21, 1998] and before October 1, 2004; 
    and
        ``(B) on such date of separation--
            ``(i) has completed 25 years of service as defined under 
        section 8331(12) or 8401(26) of title 5, United States Code; or
            ``(ii) has completed 20 years of such service and is at 
        least 50 years of age.
    ``(2) Notwithstanding any provision of chapter 83 or 84 of title 5, 
United States Code, an employee described under paragraph (1) is 
entitled to an annuity which shall be computed consistent with the 
provisions of law applicable to annuities under section 8336(d) or 
8414(b) of title 5, United States Code.
    ``(c) Voluntary Separation Incentive Payments.--(1) In this 
subsection, the term `employee' means an employee of the Government 
Printing Office, serving without limitation, who has been currently 
employed for a continuous period of at least 12 months, except that such 
term shall not include--
        ``(A) a reemployed annuitant under subchapter III of chapter 83 
    or chapter 84 of title 5, United States Code, or another retirement 
    system for employees of the Government;
        ``(B) an employee having a disability on the basis of which such 
    employee is or would be eligible for disability retirement under any 
    of the retirement systems referred to in subparagraph (A); or
        ``(C) an employee who is employed on a temporary when actually 
    employed basis.
    ``(2) Notwithstanding any other provision of law, in order to avoid 
or minimize the need for involuntary separations due to a reduction in 
force, reorganization, transfer of function, or other similar action 
affecting the agency, the Public Printer shall establish a program under 
which voluntary separation incentive payments may be offered to 
encourage eligible employees to separate from service voluntarily 
(whether by retirement or resignation) during the period beginning on 
the date of the enactment of this Act [Oct. 21, 1998] through September 
30, 2004.
    ``(3) Such voluntary separation incentive payments shall be paid in 
accordance with the provisions of section 5597(d) of title 5, United 
States Code. Any such payment shall not be a basis of payment, and shall 
not be included in the computation, of any other type of Government 
benefit.
    ``(4)(A) Not later than January 15, 1999, the Public Printer shall 
submit a plan described under subparagraph (C) to the Joint Committee on 
Printing (or any applicable successor committees).
    ``(B) No voluntary separation incentive payment may be paid under 
this section unless the Public Printer submits a plan described under 
subparagraph (C) to the Joint Committee on Printing (or any applicable 
successor committees) and the Joint Committee on Printing approves the 
plan (or such successor committees approve the plan).
    ``(C) The plan referred to under subparagraph (B) shall include--
        ``(i) the positions and functions to be reduced or eliminated, 
    identified by organizational unit, occupational category, and pay or 
    grade level;
        ``(ii) the number and amounts of voluntary separation incentive 
    payments to be offered; and
        ``(iii) a description of how the Government Printing Office will 
    operate without the eliminated positions and functions.
    ``(5)(A) In addition to any other payments which the Public Printer 
is required to make under subchapter III of chapter 83 of title 5, 
United States Code, the Public Printer shall remit to the Office of 
Personnel Management for deposit in the Treasury of the United States to 
the credit of the Civil Service Retirement and Disability Fund an amount 
equal to 15 percent of the final basic pay of each employee who is 
covered under subchapter III of chapter 83 or chapter 84 of title 5, 
United States Code, to whom a voluntary separation incentive has been 
paid under this section.
    ``(B) For the purpose of this paragraph, the term `final basic pay', 
with respect to an employee--
        ``(i) means the total amount of basic pay which would be payable 
    for a year of service by such employee, computed using the 
    employee's final rate of basic pay; and
        ``(ii) includes an appropriate adjustment to the amount computed 
    under clause (i) if the employee is last serving on other than a 
    full-time basis.
    ``(6)(A) Subject to subparagraph (B), an employee who has received a 
voluntary separation incentive payment under this section and accepts 
employment with the Government of the United States within 5 years after 
the date of the separation on which the payment is based shall be 
required to repay the entire amount of the incentive payment to the 
agency that paid the incentive payment.
    ``(B)(i) If the employment is with an Executive agency (as defined 
by section 105 of title 5, United States Code), the Director of the 
Office of Personnel Management may, at the request of the head of the 
agency, waive the repayment if the individual involved possesses unique 
abilities and is the only qualified applicant available for the 
position.
    ``(ii) If the employment is with an entity in the legislative 
branch, the head of the entity or the appointing official may waive the 
repayment if the individual involved possesses unique abilities and is 
the only qualified applicant available for the position.
    ``(iii) If the employment is with the judicial branch, the Director 
of the Administrative Office of the United States Courts may waive the 
repayment if the individual involved possesses unique abilities and is 
the only qualified applicant available for the position.
    ``(C) For purposes of subparagraph (A) (but not subparagraph (B)), 
the term `employment' includes employment under a personal services 
contract with the United States.
    ``(7) Not later than January 15, 1999, the Public Printer shall 
prescribe regulations to carry out this subsection.
    ``(d) Retraining, Job Placement, and Counseling Services.--(1) In 
this subsection, the term `employee'--
        ``(A) means an employee of the Government Printing Office; and
        ``(B) shall not include--
            ``(i) a reemployed annuitant under subchapter III of chapter 
        83 or chapter 84 of title 5, United States Code, or another 
        retirement system for employees of the Government; or
            ``(ii) an employee who is employed on a temporary when 
        actually employed basis.
    ``(2) The Public Printer may establish a program to provide 
retraining, job placement, and counseling services to employees and 
former employees.
    ``(3) A former employee may not participate in a program established 
under this subsection, if--
        ``(A) the former employee was separated from service with the 
    Government Printing Office for more than 1 year; or
        ``(B) the separation was by removal for cause on charges of 
    misconduct or delinquency.
    ``(4) Retraining costs for the program established under this 
subsection may not exceed $5,000 for each employee or former employee.
    ``(e) Administrative Provisions.--(1) The Public Printer--
        ``(A) may use employees of the Government Printing Office to 
    establish and administer programs and carry out the provisions of 
    this section; and
        ``(B) may procure temporary and intermittent services under 
    section 3109(b) of title 5, United States Code, to carry out such 
    provisions--
            ``(i) not subject to the 1 year of service limitation under 
        such section 3109(b); and
            ``(ii) at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    ``(2) Funds to carry out subsections (a) and (c) may be expended 
only from funds available for the basic pay of the employee who is 
receiving the applicable payment.
    ``(3) Funds to carry out subsection (d) may be expended from any 
funds made available to the Public Printer.''
    [Pub. L. 107-68, title II, Sec. 210(b), Nov. 12, 2001, 115 Stat. 
590, provided that: ``The amendments made by this section [amending 
section 309 of Pub. L. 105-275, set out above] shall take effect as if 
included in the enactment of the Legislative Branch Appropriations Act, 
1999 [Pub. L. 105-275].'']


Sec. 306. Public Printer: employment of skilled workmen; trial 
        of skill
        
    The Public Printer shall employ workmen who are thoroughly skilled 
in their respective branches of industry, as shown by trial of their 
skill under his direction.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 41 (Jan. 12, 1895, ch. 23, 
Sec. 45, 28 Stat. 607).


Sec. 307. Public Printer: night work

    The Public Printer shall cause the public printing in the Government 
Printing Office to be done at night as well as through the day, when the 
exigencies of the public service require it.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 42 (Jan. 12, 1895, ch. 23, 
Sec. 47, 28 Stat. 607).


Sec. 308. Disbursing officer; deputy disbursing officer; 
        certifying officers and employees
        
    (a) The Public Printer shall appoint from time to time a disbursing 
officer of the Government Printing Office (including the Office of the 
Superintendent of Documents) who shall be under the direction of the 
Public Printer. The disbursing officer shall (1) disburse moneys of the 
Government Printing Office only upon, and in strict accordance with, 
vouchers certified by the Public Printer or by an officer or employee of 
the Government Printing Office authorized in writing by the Public 
Printer to certify such vouchers, (2) make such examination of vouchers 
as may be necessary to ascertain whether they are in proper form, 
certified, and approved, and (3) be held accountable accordingly. 
However, the disbursing officer shall not be held accountable or 
responsible for any illegal, improper, or incorrect payment resulting 
from any false, inaccurate, or misleading certificate, the 
responsibility for which, under subsection (c) of this section, is 
imposed upon a certifying officer or employee of the Government Printing 
Office.
    (b)(1) Upon the death, resignation, or separation from office of the 
disbursing officer, his accounts may be continued, and payments and 
collection may be made in his name, by any individual designated as a 
deputy disbursing officer by the Public Printer, for a period of time 
not to extend beyond the last day of the second month following the 
month in which the death, resignation, or separation occurred. Accounts 
and payments shall be allowed, audited, and settled, and checks signed 
in the name of the former disbursing officer by a deputy disbursing 
officer shall be honored in the same manner as if the former disbursing 
officer had continued in office.
    (2) A former disbursing officer of the Government Printing Office or 
his estate may not be subject to any legal liability or penalty for the 
official accounts or defaults of the deputy disbursing officer acting in 
the name or in the place of the former disbursing officer. Each deputy 
disbursing officer is responsible for accounts entrusted to him under 
paragraph (1) of this subsection, and the deputy disbursing officer is 
liable for any default occurring during his service under such 
paragraph.
    (c)(1) The Public Printer may designate in writing officers and 
employees of the Government Printing Office to certify vouchers for 
payment from appropriations and funds. Such officers and employees shall 
(A) be responsible for the existence and correctness of the facts 
recited in the certificate or other voucher or its supporting papers and 
for the legality of the proposed payment under the appropriation or fund 
involved, (B) be responsible and accountable for the correctness of the 
computations of certified vouchers, and (C) be accountable for, and 
required to make restitution to, the United States for the amount of any 
illegal, improper, or incorrect payment resulting from any false, 
inaccurate, or misleading certificate made by him, as well as for any 
payment prohibited by law or which did not represent a legal obligation 
under the appropriation or fund involved. However, the Comptroller 
General of the United States, may, at his discretion, relieve such 
certifying officer or employee of liability for any payment otherwise 
proper whenever he finds that (i) the certification was based on the 
official records and that such certifying officer or employee did not 
know, and by reasonable diligence and inquiry could not have 
ascertained, the actual facts, or (ii) when the obligation was incurred 
in good faith, the payment was not contrary to any statutory provision 
specifically prohibiting payments of the character involved, and the 
United States has received value for such payment. The Comptroller 
General shall relieve such certifying officer or employee of liability 
for an overpayment for transportation services made to any common 
carrier covered by section 3726 of title 31, whenever he finds that the 
overpayment occurred solely because the administrative examination made 
prior to payment of the transportation bill did not include a 
verification of transportation rates, freight classifications, or land 
grant deductions.
    (2) The liability of such certifying officers or employees shall be 
enforced in the same manner and to the same extent as provided by law 
with respect to the enforcement of the liability of disbursing and other 
accountable officers. Such certifying officers and employees shall have 
the right to apply for and obtain a decision by the Comptroller General 
on any question of law involved in a payment on any vouchers presented 
to them for certification.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 92-310, title II, 
Sec. 210(b), June 6, 1972, 86 Stat. 204; Pub. L. 93-459, Sec. 1(a), Oct. 
20, 1974, 88 Stat. 1384; Pub. L. 95-473, Sec. 2(a)(5), Oct. 17, 1978, 92 
Stat. 1466; Pub. L. 97-258, Sec. 3(m)(1), Sept. 13, 1982, 96 Stat. 
1066.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 52a, 63, 73 (part) (June 
25, 1910, ch. 384, Sec. 1, 36 Stat. 770; Feb. 20, 1923, ch. 98, 42 Stat. 
1278; Pub. L. 86-31, May 26, 1959, 73 Stat. 60).
    The last paragraph of this section is from former section 73; the 
remainder of that section will be found in section 1702 of the revision.
    Paragraph (a) deleted as executed.


                               Amendments

    1982--Subsec. (c)(1). Pub. L. 97-258 substituted ``section 3726 of 
title 31'' for ``section 244 of title 31''.
    1978--Subsec. (c)(1). Pub. L. 95-473 substituted ``section 244 of 
title 31'' for ``section 66 of title 49''.
    1974--Pub. L. 93-459 substituted ``Disbursing officer; deputy 
disbursing officer; certifying officers and employees'' for ``Disbursing 
officer: continuation and settlement of accounts during vacancy in 
office; responsibility for accounts; disbursements for Superintendent of 
Documents'' in section catchline.
    Subsec. (a). Pub. L. 93-459 added subsec. (a). Former subsec. (a) 
redesignated (b)(1).
    Subsec. (b)(1). Pub. L. 93-459 redesignated provisions of former 
subsec. (a) as subsec. (b)(1) and substituted ``by any individual 
designated as a deputy disbursing officer by the Public Printer'' for 
``by the deputy disbursing officer or officers designated by the Public 
Printer''.
    Subsec. (b)(2). Pub. L. 93-459 redesignated provisions of former 
subsec. (b) as subsec. (b)(2) and substituted ``paragraph (1) of this 
subsection'' for ``subsection (a) of this section'', and ``under such 
paragraph'' for ``under subsection (a) of this section''.
    Subsec. (c). Pub. L. 93-459 added subsec. (c). Former subsec. (c), 
relating to disbursements on account of salaries or other expenses of 
the office of the Superintendent of Documents, was struck out.
    1972--Subsec. (b). Pub. L. 92-310 struck out provisions which 
related to sureties on official bonds.


Sec. 309. Revolving fund for operation and maintenance of 
        Government Printing Office: capitalization; reimbursements and 
        credits; accounting and budgeting; reports
        
    (a) The revolving fund of $1,000,000 established July 1, 1953, is 
available without fiscal year limitation, for--
        the operation and maintenance of the Government Printing Office 
    (except for those programs of the Superintendent of Documents which 
    are funded by specific appropriations), including rental of 
    buildings;
        attendance at meetings;
        maintenance and operation of the emergency room;
        uniforms or uniform allowances;
        boots, coats, and gloves;
        repairs and minor alterations to buildings; and
        expenses authorized in writing by the Joint Committee on 
    Printing for inspection of Government printing activities.

In addition, the Public Printer shall provide capital for the fund by 
capitalizing, at fair and reasonable values as jointly determined by him 
and the Comptroller General, the current inventories, plant, and 
building appurtenances, except building structures and land, equipment, 
and other assets of the Government Printing Office.
    (b) The fund shall be--
        (1) reimbursed for the cost of all services and supplies 
    furnished, including those furnished other appropriations of the 
    Government Printing Office, at rates which include charges for 
    overhead and related expenses, depreciation of plant and building 
    appurtenances, except building structures and land, and equipment, 
    and accrued leave; and
        (2) credited with all receipts including sales of Government 
    publications, waste, condemned, and surplus property and with 
    payments received for losses or damage to property.

    (c) An adequate system of accounts for the fund shall be maintained 
on the accrual method, and financial reports prepared on the basis of 
the accounts. The Public Printer shall prepare and submit an annual 
business-type budget program for the operations under this fund. This 
budget program shall be considered and enacted as prescribed by section 
9104 of title 31.
    (d) The Inspector General of the Government Printing Office shall 
audit the financial and operational activities of the Government 
Printing Office each year. The audits shall be conducted under the 
direction of the Joint Committee on Printing. For purposes of the 
audits, the Inspector General shall have such access to the records, 
files, personnel, and facilities of the Government Printing Office as 
the Inspector General considers appropriate. The Inspector General shall 
furnish reports of the audits to the Congress and the Public Printer.
    (e) The Public Printer shall prepare an annual financial statement 
meeting the requirements of section 3515(b) of title 31, United States 
Code. Each financial statement shall be audited in accordance with 
applicable generally accepted Government auditing standards--
        (1) by an independent external auditor selected by the Public 
    Printer, or
        (2) at the request of the Joint Committee on Printing, by the 
    Inspector General of the Government Printing Office.

    (f) The Comptroller General of the United States may audit the 
financial statement prepared under subsection (e) at his or her 
discretion or at the request of the Joint Committee on Printing. An 
audit by the Comptroller General shall be in lieu of the audit otherwise 
required by that subsection.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1241; Pub. L. 93-604, title 
VII, Sec. 707, Jan. 2, 1975, 88 Stat. 1965; Pub. L. 97-258, 
Sec. 3(m)(2), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 100-458, title III, 
Sec. 310, Oct. 1, 1988, 102 Stat. 2184; Pub. L. 101-163, title III, 
Sec. 309, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 101-520, title II, 
Sec. 207, Nov. 5, 1990, 104 Stat. 2274; Pub. L. 103-69, title II, 
Sec. 207(a), Aug. 11, 1993, 107 Stat. 707; Pub. L. 104-316, title I, 
Sec. 123(a), Oct. 19, 1996, 110 Stat. 3839.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 63, 63a (Aug. 1, 1953, ch. 
304, title I, Sec. 101, 67 Stat. 330; Aug. 5, 1955, ch. 568, Sec. 101, 
69 Stat. 519; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 369); Sec. 63a 
(July 28, 1967, Pub. L. 90-57, Sec. 101 (part), 81 Stat. 141).


                               Amendments

    1996--Subsec. (d). Pub. L. 104-316, Sec. 123(a)(1), amended subsec. 
(d) generally. Prior to amendment, subsec. (d) read as follows: ``The 
Comptroller General shall audit the activities of the Government 
Printing Office at least once every 3 years and shall furnish reports of 
such audits to the Congress and the Public Printer. For these purposes 
the Comptroller General shall have such access to the records, files, 
personnel, and facilities of the Government Printing Office as he 
considers necessary.''
    Subsecs. (e), (f). Pub. L. 104-316, Sec. 123(a)(2), added subsecs. 
(e) and (f).
    1993--Subsec. (b). Pub. L. 103-69 substituted ``shall be--'' for 
``shall be:'' in introductory provisions, inserted ``and'' at end of 
par. (1), substituted a period for ``; and'' at end of par. (2), and 
struck out par. (3) which read as follows: ``charged with payment into 
miscellaneous receipts of the Treasury of that part of the receipts from 
the sales of Government publications required by law.''
    1990--Subsec. (a). Pub. L. 101-520 substituted ``uniforms or uniform 
allowances'' for ``uniforms, or allowances therefor, as authorized by 
section 5901 of Title 5''.
    1989--Subsec. (a). Pub. L. 101-163 struck out ``not to exceed $3,000 
in any fiscal year'' after ``attendance at meetings''.
    1988--Subsec. (a). Pub. L. 100-458, Sec. 310(a), substituted in the 
first sentence ``(except for those programs of the Superintendent of 
Documents which are funded by specific appropriations),'' for ``, except 
the Office of Superintendent of Documents''.
    Subsec. (c). Pub. L. 100-458, Sec. 310(b), substituted ``This budget 
program shall be considered and enacted as prescribed by section 9104 of 
title 31.'' for ``The Comptroller General shall audit the activities of 
the Government Printing Office at least once in every three years and 
shall furnish reports of such audits to the Congress and the Public 
Printer. For these purposes the Comptroller General shall have such 
access to the records, files, personnel, and facilities of the 
Government Printing Office as he considers necessary.''
    Subsec. (d). Pub. L. 100-458, Sec. 310(c), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``Commencing 
with the fiscal year 1969, the annual business-type budget for the fund 
shall be considered and enacted as prescribed by section 9104 of title 
31.''
    1982--Subsec. (d). Pub. L. 97-258 substituted ``section 9104 of 
title 31'' for ``section 849 of title 31''.
    1975--Subsec. (c). Pub. L. 93-604 substituted provisions that the 
Comptroller General shall audit the activities of the Government 
Printing Office at least once in every three years and furnish reports 
of the audits to the Congress and the Public Printer for provisions that 
the General Accounting Office shall audit the activities of the 
Government Printing Office and furnish an audit report annually to the 
Congress and the Public Printer.


                    Effective Date of 1993 Amendment

    Section 207(c) of Pub. L. 103-69 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1708 
of this title] shall take effect on October 1, 1993.''


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which the 
23rd item on page 4 identifies a reporting provision which, as 
subsequently amended, is contained in subsec. (d) 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.


     Federal Register Program; Use of Revolving Fund; Reimbursement

    Title II of S. 2939, Ninety-seventh Congress, 2d Session, as 
reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97-
276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if 
enacted into law, provided in part: ``That hereafter the revolving fund 
shall be available to finance the costs of printing and binding all 
other publications of the Federal Register program and be reimbursed 
from appropriated funds available therefor''.


Sec. 310. Payments for printing, binding, blank paper, and 
        supplies
        
    An executive department or independent establishment of the 
Government ordering printing and binding or blank paper and supplies 
from the Government Printing Office shall pay promptly by check to the 
Public Printer upon his written request, either in advance or upon 
completion of the work, all or part of the estimated or actual cost, as 
the case may be, and bills rendered by the Public Printer are not 
subject to audit or certification in advance of payment. Adjustments on 
the basis of the actual cost of delivered work paid for in advance shall 
be made monthly or quarterly and as may be agreed by the Public Printer 
and the department or establishment concerned.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1241.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 230 (Aug. 1, 1953, ch. 304, 
title I, Sec. 101, 67 Stat. 331).


Sec. 311. Purchases exempt from the Federal Property and 
        Administrative Services Act; contract negotiation authority; 
        small purchase threshold
        
    (a) Purchases may be made from appropriations under the ``Government 
Printing Office'' without reference to subtitle I of title 40 and title 
III of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 et seq.) concerning purchases for the Federal Government.
    (b) In addition to the authority to negotiate otherwise provided by 
law, the Public Printer may negotiate purchases and contracts for 
supplies or services for which the Public Printer determines that it is 
impracticable to secure competition by advertising. The Public Printer 
may not award a contract under this subsection unless he justifies the 
use of negotiation in writing and certifies the accuracy and 
completeness of the justification. The justification shall set out facts 
and circumstances that clearly and convincingly establish that 
advertising would not be practicable for such contract. Such a 
justification is final and a copy thereof shall be maintained in the 
Government Printing Office for at least 6 years after the date of the 
determination. The Public Printer may designate one or more employees of 
the Government Printing Office to carry out this subsection.
    (c) Notwithstanding any other provision of law, section 3709 of the 
Revised Statutes (41 U.S.C. 5) shall apply with respect to purchases and 
contracts for the Government Printing Office as if the reference to 
``$25,000'' in clause (1) of such section were a reference to 
``$100,000''.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242; Pub. L. 99-151, title 
III, Sec. 305(a), (b)(1), Nov. 13, 1985, 99 Stat. 808; Pub. L. 106-57, 
title II, Sec. 210(a), (b), Sept. 29, 1999, 113 Stat. 425; Pub. L. 107-
217, Sec. 3(l)(1), Aug. 21, 2002, 116 Stat. 1301.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 64 (Aug. 1, 1953, ch. 304, 
title I, Sec. 102, 67 Stat. 332).
    Reference to Printing Act of 1895 deleted as superseded by section 
309.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Title III of the Act is classified generally to subchapter 
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40, Public Buildings, Property, and 
Works, and Tables.


                               Amendments

    2002--Subsec. (a). Pub. L. 107-217 substituted ``subtitle I of title 
40 and title III of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 251 et seq.)'' for ``the Federal Property and 
Administrative Services Act, approved June 30, 1949, as amended,''.
    1999--Pub. L. 106-57, Sec. 210(b), inserted ``; small purchase 
threshold'' after ``authority'' in section catchline.
    Subsec. (c). Pub. L. 106-57, Sec. 210(a), added subsec. (c).
    1985--Pub. L. 99-151, Sec. 305(b)(1), inserted ``; contract 
negotiation authority'' in section catchline.
    Pub. L. 99-151, Sec. 305(a), designated existing provisions as 
subsec. (a) and added subsec. (b).


Sec. 312. Machinery, material, equipment, or supplies from other 
        Government agencies
        
    An officer of the Government having machinery, material, equipment, 
or supplies for printing, binding, and blank-book work, including 
lithography, photolithography, and other processes of reproduction, no 
longer required or authorized for his service, shall submit a detailed 
report of them to the Public Printer. The Public Printer, with the 
approval of the Joint Committee on Printing, may requisition such 
articles as are serviceable in the Government Printing Office, and they 
shall be promptly delivered to that office.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 59 (July 19, 1919, ch. 24, 
Sec. 3, 41 Stat. 233).


Sec. 313. Examining boards: paper; bindery materials; machinery

    The Deputy Public Printer, the superintendent of printing, and a 
person designated by the Joint Committee on Printing, shall constitute a 
board to examine and report in writing on paper delivered under 
contract, or by purchase or otherwise, at the Government Printing 
Office.
    The Deputy Public Printer, the superintendent of binding, and a 
person designated by the Joint Committee on Printing shall constitute a 
board to examine and report in writing on material, except paper, for 
the use of the bindery.
    The Deputy Public Printer, the superintendent of printing, and a 
person designated by the Joint Committee on Printing shall constitute a 
board of condemnation, who, upon the call of the Public Printer, shall 
determine the condition of presses and other machinery and material used 
in the Government Printing Office, with a view to condemnation.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242.)


                      Historical and Revision Notes

    Based on U.S. Code, 1964 ed., Sec. 49 (Jan. 12, 1895, ch. 23, 
Sec. 20, 28 Stat. 603; May 27, 1908, ch. 200, Sec. 1, 35 Stat. 382; June 
7, 1924, ch. 303, Sec. 1, 43 Stat. 509).


Sec. 314. Inks, glues, and other supplies furnished to other 
        Government agencies: payment
        
    Inks, glues, and other supplies manufactured by the Government 
Printing Office in connection with its work may be furnished to 
departments and other establishments of the Government upon requisition, 
and payment made from appropriations available.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 62 (June 30, 1932, ch. 314; 
pt. I, Sec. 1, 47 Stat. 397).


Sec. 315. Branches of Government Printing Office; limitations

    Money appropriated by any Act may not be used for maintaining more 
than one branch of the Government Printing Office in any one building 
occupied by an executive department of the Government, and a branch of 
the Government Printing Office may not be established unless 
specifically authorized by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 61 (Aug. 1, 1914, ch. 223, 
Sec. 1, 38 Stat. 673).


Sec. 316. Detail of employees of Government Printing Office to 
        other Government establishments
        
    An employee of the Government Printing Office may not be detailed to 
duties not pertaining to the work of public printing and binding in an 
executive department or other Government establishment unless expressly 
authorized by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 47 (June 25, 1910, ch. 384, 
Sec. 1, 36 Stat. 770).


Sec. 317. Special policemen

    The Public Printer or his delegate may designate employees of the 
Government Printing Office to serve as special policemen to protect 
persons and property in premises and adjacent areas occupied by or under 
the control of the Government Printing Office. Under regulations to be 
prescribed by the Public Printer, employees designated as special 
policemen are authorized to bear and use arms in the performance of 
their duties; make arrest for violations of laws of the United States, 
the several States, and the District of Columbia; and enforce the 
regulations of the Public Printer, including the removal from Government 
Printing Office premises of individuals who violate such regulations. 
The jurisdiction of special policemen in premises occupied by or under 
the control of the Government Printing Office and adjacent areas shall 
be concurrent with the jurisdiction of the respective law enforcement 
agencies where the premises are located.

(Added Pub. L. 91-359, Sec. 1(a), July 31, 1970, 84 Stat. 668.)


Sec. 318. Transfer of surplus property; acceptance of voluntary 
        services
        
    (a) The Public Printer may--
        (1) transfer or donate surplus Government publications and 
    condemned Government Printing Office machinery, material, equipment, 
    and supplies to--
            (A) other Federal entities;
            (B) any organization described under section 501(c)(3) or 
        (4) of the Internal Revenue Code of 1986 and exempt from 
        taxation under 501(a) of such Code; or
            (C) State or local governments; and

        (2) accept voluntary and uncompensated services, notwithstanding 
    section 1342 of title 31.

    (b) Individuals providing voluntary and uncompensated services under 
subsection (a)(2) shall not be considered Federal employees, except for 
purposes of chapter 81 of title 5 (relating to compensation for work 
injuries) and chapter 171 of title 28 (relating to tort claims).

(Added Pub. L. 108-83, title I, Sec. 1302(a), Sept. 30, 2003, 117 Stat. 
1033.)


      CHAPTER 5--PRODUCTION AND PROCUREMENT OF PRINTING AND BINDING

Sec.
501.          Government printing, binding, and blank-book work to be 
                  done at Government Printing Office.
502.          Procurement of printing, binding, and blank-book work by 
                  Public Printer.
503.          Printing in veterans' hospitals.
504.          Direct purchase of printing, binding, and blank-book work 
                  by Government agencies.
505.          Sale of duplicate plates.
506.          Time for printing documents or reports which include 
                  illustrations or maps.
507.          Orders for printing to be acted upon within one year.
508.          Annual estimates of quantity of paper required for public 
                  printing and binding.
509.          Standards of paper; advertisements for proposals; samples.
510.          Specifications in advertisements for paper.
511.          Opening bids; bonds.
512.          Approval of paper contracts; time for performance; bonds.
513.          Comparison of paper and envelopes with standard quality.
514.          Determination of quality of paper.
515.          Default of contractor; new contracts and purchase in open 
                  market.
516.          Liability of defaulting contractor.
517.          Purchase of paper in open market.


                               Amendments

    1976--Pub. L. 94-553, Sec. 105(a)(2), Oct. 19, 1976, 90 Stat. 2599, 
struck out ``; copyright'' after ``plates'' in item 505.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 501. Government printing, binding, and blank-book work to 
        be done at Government Printing Office
        
    All printing, binding, and blank-book work for Congress, the 
Executive Office, the Judiciary, other than the Supreme Court of the 
United States, and every executive department, independent office and 
establishment of the Government, shall be done at the Government 
Printing Office, except--
        (1) classes of work the Joint Committee on Printing considers to 
    be urgent or necessary to have done elsewhere; and
        (2) printing in field printing plants operated by an executive 
    department, independent office or establishment, and the procurement 
    of printing by an executive department, independent office or 
    establishment from allotments for contract field printing, if 
    approved by the Joint Committee on Printing.

    Printing or binding may be done at the Government Printing Office 
only when authorized by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1243.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 111 and 116 (part) (Jan. 12, 
1895, ch. 23, Sec. Sec. 86, 87, 28 Stat. 662; Mar. 1, 1919, ch. 86, 
Sec. 11, 40 Stat. 1270; July 5, 1949, ch. 296, 63 Stat. 405).
    This section incorporates only the first sentence of former section 
116. The balance will be found in section 1123 of the revision.


                         Vegetable Ink Printing

    Pub. L. 103-348, Oct. 6, 1994, 108 Stat. 3133, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Vegetable Ink Printing Act of 
1994'.''
``SEC. 2. FINDINGS AND PURPOSES.
    ``(a) Findings.--The Congress finds the following:
        ``(1) More than 95 percent of Federal printing involving 
    documents or publications is performed using lithographic inks.
        ``(2) Various types of oil, including petroleum and vegetable 
    oil, are used in lithographic ink.
        ``(3) Increasing the amount of vegetable oil used in a 
    lithographic ink would--
            ``(A) help reduce the Nation's use of nonrenewable energy 
        resources;
            ``(B) result in the use of products that are less damaging 
        to the environment;
            ``(C) result in a reduction of volatile organic compound 
        emissions; and
            ``(D) increase the use of renewable agricultural products.
        ``(4) The technology exists to use vegetable oil in lithographic 
    ink and, in some applications, to use lithographic ink that uses no 
    petroleum distillates in the liquid portion of the ink.
        ``(5) Some lithographic inks have contained vegetable oils for 
    many years; other lithographic inks have more recently begun to use 
    vegetable oil.
        ``(6) According to the Government Printing Office, using 
    vegetable oil-based ink appears to add little if any additional cost 
    to Government printing.
        ``(7) Use of vegetable oil-based ink in Federal Government 
    printing should further develop--
            ``(A) the commercial viability of vegetable oil-based ink, 
        which could result in demand, for domestic use alone, for 
        2,500,000,000 pounds of vegetable crops or 500,000,000 pounds of 
        vegetable oil; and
            ``(B) a product that could help the United States retain or 
        enlarge its share of the world market for vegetable oil-ink.
    ``(b) Purpose.--The purpose of this Act is to require that all 
lithographic printing using ink containing oil that is performed or 
procured by a Federal agency shall use ink containing the maximum 
amounts of vegetable oil and materials derived from other renewable 
resources that--
        ``(1) are technologically feasible, and
        ``(2) result in printing costs that are competitive with 
    printing using petroleum-based inks.
``SEC. 3. FEDERAL PRINTING REQUIREMENTS.
    ``(a) General Rule.--Notwithstanding any other law, and except as 
provided in subsection (b), a Federal agency may not perform or procure 
lithographic printing that uses ink containing oil if the ink contains 
less than the following percentage of vegetable oil:
        ``(1) In the case of news ink, 40 percent.
        ``(2) In the case of sheet-fed ink, 20 percent.
        ``(3) In the case of forms ink, 20 percent.
        ``(4) In the case of heat-set ink, 10 percent.
    ``(b) Exceptions.--
        ``(1) Exceptions.--Subsection (a) shall not apply to 
    lithographic printing performed or procured by a Federal agency, 
    if--
            ``(A) the head of the agency determines, after consultation 
        with the Public Printer and within the 3-year period ending on 
        the date of the commencement of the printing or the date of that 
        procurement, respectively, that vegetable oil-based ink is not 
        suitable to meet specific, identified requirements of the agency 
        related to the printing; or
            ``(B) the Public Printer determines--
                ``(i) within the 3-month period ending on the date of 
            the commencement of the printing, in the case of printing of 
            materials that are printed at intervals of less than 6 
            months, or
                ``(ii) before the date of the commencement of the 
            printing, in the case of printing of materials that are 
            printed at intervals of 6 months or more;
    that the cost of performing the printing using vegetable oil-based 
        ink is significantly greater than the cost of performing the 
        printing using other available ink.
        ``(2) Notice to congress.--Not later than 30 days after making a 
    determination under paragraph (1)(A), the head of a Federal agency 
    shall report the determination to the Committee on Government 
    Operations [now Committee on Oversight and Government Reform] and 
    the Committee on House Administration of the House of 
    Representatives, and the Committee on Rules of the Senate.
    ``(c) Federal Agency Defined.--In this Act, the term `Federal 
agency' means--
        ``(1) an executive department, military department, Government 
    corporation, Government-controlled corporation, or other 
    establishment in the executive branch of the Government (including 
    the Executive Office of the President), or any independent 
    regulatory agency; and
        ``(2) an establishment or component of the legislative or 
    judicial branch of the Government.''


  Government Publications: Printing; GPO Procurement; Executive Branch 
     Procurement of Certain Kinds of Printing; ``Printing'' Defined

    Pub. L. 102-392, title II, Sec. 207(a), Oct. 6, 1992, 106 Stat. 
1719, as amended by Pub. L. 103-283, title II, Sec. 207, July 22, 1994, 
108 Stat. 1440; Pub. L. 104-201, div. A, title XI, Sec. 1112(e)(1), 
Sept. 23, 1996, 110 Stat. 2683; Pub. L. 108-136, div. A, title IX, 
Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570, provided that:
    ``(1) None of the funds appropriated for any fiscal year may be 
obligated or expended by any entity of the executive branch for the 
procurement of any printing related to the production of Government 
publications (including printed forms), unless such procurement is by or 
through the Government Printing Office.
    ``(2) Paragraph (1) does not apply to (A) individual printing orders 
costing not more than $1,000, if the work is not of a continuing or 
repetitive nature, and, as certified by the Public Printer, if the work 
is included in a class of work which cannot be provided more 
economically through the Government Printing Office, (B) printing for 
the Central Intelligence Agency, the Defense Intelligence Agency, 
National Geospatial-Intelligence Agency, or the National Security 
Agency, or (C) printing from other sources that is specifically 
authorized by law.
    ``(3) As used in this section, the term `printing' includes the 
processes of composition, platemaking, presswork, duplicating, silk 
screen processes, binding, microform, and the end items of such 
processes.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 101-520, title II, Sec. 206, Nov. 5, 1990, 104 Stat. 2274; 
repealed by Pub. L. 102-392, title II, Sec. 207(b), Oct. 6, 1992, 106 
Stat. 1720.
    Pub. L. 101-163, title III, Sec. 308, Nov. 21, 1989, 103 Stat. 1065.
    Pub. L. 100-458, title III, Sec. 309, Oct. 1, 1988, 102 Stat. 2184.
    Pub. L. 100-202, Sec. 101(i) [title III, Sec. 309], Dec. 22, 1987, 
101 Stat. 1329-310.


Sec. 502. Procurement of printing, binding, and blank-book work 
        by Public Printer
        
    Printing, binding, and blank-book work authorized by law, which the 
Public Printer is not able or equipped to do at the Government Printing 
Office, may be produced elsewhere under contracts made by him with the 
approval of the Joint Committee on Printing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1243.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 111a (Feb. 28, 1929, ch. 367, 
Sec. 1, 45 Stat. 1400).


  Contract Goal for Disadvantaged Small Businesses in Printing-Related 
                                Services

    Pub. L. 100-456, div. A, title VIII, Sec. 843, Sept. 29, 1988, 102 
Stat. 2026, as amended by Pub. L. 101-574, title IV, Sec. 401, Nov. 15, 
1990, 104 Stat. 2832; Pub. L. 102-484, div. A, title VIII, 
Sec. Sec. 801(h)(6), 806, Oct. 23, 1992, 106 Stat. 2445, 2448, provided 
that:
    ``(a) Test Program.--The Public Printer shall establish and carry 
out a test program for increasing its award of contracts to small and 
disadvantaged businesses for the printing, binding, and related services 
needed by the Department of Defense. The program shall have a goal of 
procuring in each such fiscal year from such businesses printing, 
binding, and related services equivalent to not more than 5 percent of 
the value of the printing, binding, and related services which were 
procured in the preceding fiscal year by the Government Printing Office 
from non-Government sources for the Department of Defense. The Public 
Printer may use such procurement procedures as he considers necessary to 
facilitate achievement of such goal.
    ``(b) Covered Entities.--In this section, the term `small and 
disadvantaged businesses' means the small business concerns, 
historically Black colleges and universities, and minority institutions 
described in section 2323(a) of title 10, United States Code.
    ``(c) Enforcement.--Any person who, for the purpose of securing a 
contract under subsection (a), misrepresents the status of any concern 
or person as a small business concern referred to in subsection (b), is 
subject to the penalties set forth in section 2323(f) of title 10, 
United States Code.
    ``(d) Department of Defense Goals.--For the purpose of determining 
whether the Department of Defense has attained the goals set forth in 
section 2323 of title 10, United States Code, the Secretary of Defense 
may count any procurements by the Public Printer in the program 
established under subsection (a).
    ``(e) Duration of Test.--The test program established by subsection 
(a) shall not apply to solicitations issued on or after October 1, 
2000.''


Sec. 503. Printing in veterans' hospitals

    (a) Notwithstanding section 501 of this title, the Secretary of 
Veterans Affairs may use the equipment described in subsection (b) for 
printing and binding that the Secretary finds advisable for the use of 
the Department of Veterans Affairs.
    (b) The equipment referred to in subsection (a) is the printing and 
binding equipment that the various hospitals and homes of the Department 
of Veterans Affairs use for occupational therapy.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1243; Pub. L. 102-54, 
Sec. 13(r), June 13, 1991, 105 Stat. 282.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 111b (June 16, 1933, ch. 101, 
Sec. 1, 48 Stat. 302; Feb. 2, 1935, ch. 3, Sec. 1, 49 Stat. 18; Mar. 19, 
1936, ch. 156, Sec. 1, 49 Stat. 1182).


                               Amendments

    1991--Pub. L. 102-54 amended section generally. Prior to amendment, 
section read as follows: ``Notwithstanding section 501 of this title, 
the Administrator of Veterans' Affairs may utilize the printing and 
binding equipment that the various hospitals and homes of the Veterans' 
Administration use for occupational therapy, for printing and binding 
which he finds advisable for the use of the Veterans' Administration.''


Sec. 504. Direct purchase of printing, binding, and blank-book 
        work by Government agencies
        
    The Joint Committee on Printing may permit the Public Printer to 
authorize an executive department, independent office, or establishment 
of the Government to purchase direct for its use such printing, binding, 
and blank-book work, otherwise authorized by law, as the Government 
Printing Office is not able or suitably equipped to execute or as may be 
more economically or in the better interest of the Government executed 
elsewhere.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1243.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 14 (Jan. 12, 1895, ch. 23, 
Sec. 12, 28 Stat. 602; July 8, 1935, ch. 374, Sec. 1, 49 Stat. 475; Oct. 
31, 1951, ch. 654, Sec. 3(10), 65 Stat. 708).


Sec. 505. Sale of duplicate plates

    The Public Printer shall sell, under regulations of the Joint 
Committee on Printing to persons who may apply, additional or duplicate 
stereotype or electrotype plates from which a Government publication is 
printed, at a price not to exceed the cost of composition, the metal, 
and making to the Government, plus 10 per centum, and the full amount of 
the price shall be paid when the order is filed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244; Pub. L. 94-553, 
Sec. 105(a)(1), Oct. 19, 1976, 90 Stat. 2599.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 58 (Jan. 12, 1895, ch. 23, 
Sec. 52, 28 Stat. 608).


                               Amendments

    1976--Pub. L. 94-553 struck out provision that a publication could 
not be copyrighted if it was reprinted from additional or duplicate 
plates purchased from the Government from which Government publications 
had been printed or if it was reprinted from other Government 
publications.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section 102 
of Pub. L. 94-553, set out as an Effective Date note preceding section 
101 of Title 17, Copyrights.


Sec. 506. Time for printing documents or reports which include 
        illustrations or maps
        
    A document or report to be illustrated or accompanied by maps may 
not be printed by the Public Printer until the illustrations or maps 
designed for it are ready for publication.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 115 (part) (Jan. 12, 1895, ch. 
23, Sec. 80, 28 Stat. 621).
    This section incorporates only the first clause of former section 
115. The balance will be found in section 507 of the revision.


Sec. 507. Orders for printing to be acted upon within one year

    An order for public printing may not be acted upon by the Public 
Printer after the expiration of one year unless the entire copy and 
illustrations for the work have been furnished within that period.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 115 (part) (Jan. 12, 1895, ch. 
23, Sec. 80, 28 Stat. 621).
    This section incorporates only the second clause of former section 
115. The balance will be found in section 506 of the revision.


Sec. 508. Annual estimates of quantity of paper required for 
        public printing and binding
        
    At the beginning of each session of Congress, the Public Printer 
shall submit to the Joint Committee on Printing estimates of the 
quantity of paper of all descriptions required for the public printing 
and binding during the ensuing year.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 36 (Jan. 12, 1895, ch. 23, 
Sec. 26, 28 Stat. 604).


Sec. 509. Standards of paper; advertisements for proposals; 
        samples
        
    The Joint Committee on Printing shall fix upon standards of paper 
for the different descriptions of public printing and binding, and the 
Public Printer, under their direction, shall advertise in six newspapers 
or trade journals, published in different cities, for sealed proposals 
to furnish the Government with paper, as specified in the schedule to be 
furnished applicants by the Public Printer, setting forth in detail the 
quality and quantities required for the public printing. The Public 
Printer shall furnish samples of the standard of papers fixed upon to 
applicants who desire to bid.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 5 (Jan. 12, 1895, ch. 23, 
Sec. 3, 28 Stat. 601; Mar. 3, 1925, ch. 421, Sec. 1, 43 Stat. 1105).


                   National Policy on Permanent Papers

    Pub. L. 101-423, Oct. 12, 1990, 104 Stat. 912, provided that:
``Whereas it is now widely recognized and scientifically demonstrated 
    that the acidic papers commonly used for more than a century in 
    documents, books, and other publications are self-destructing and 
    will continue to self destruct;
``Whereas Americans are facing the prospect of continuing to lose 
    national, historical, scientific, and scholarly records, including 
    government records, faster than salvage efforts can be mounted 
    despite the dedicated efforts of many libraries, archives, and 
    agencies, such as the Library of Congress and the National Archives 
    and Records Administration;
``Whereas nationwide hundreds of millions of dollars will have to be 
    spent by the Federal, State, and local governments and private 
    institutions to salvage the most essential books and other materials 
    in the libraries and archives of government, academic, and private 
    institutions;
``Whereas paper manufacturers can produce a sufficient supply of acid 
    free permanent papers with a life of several hundred years, at 
    prices competitive with acid papers, if publishers would specify the 
    use of such papers, and some publishers and many university presses 
    are already publishing on acid free permanent papers;
``Whereas most Government agencies do not require the use of acid free 
    permanent papers for appropriate Federal records and publications;
``Whereas librarians, publishers, and other professional groups have 
    urged the use of acid free permanent papers;
``Whereas even when books are printed on acid free permanent paper this 
    fact is often not made known to libraries by notations in the book 
    or by notations in standard bibliographic listings; and
``Whereas there is an urgent need to prevent the continuance of the acid 
    paper problem in the future: Now, therefore, be it
    ``Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,
    ``Section 1. It is the policy of the United States that Federal 
records, books, and publications of enduring value be produced on acid 
free permanent papers.
    ``Sec. 2. The Congress of the United States urgently recommends 
that--
        ``(1) Federal agencies require the use of acid free permanent 
    papers for publications of enduring value produced by the Government 
    Printing Office or produced by Federal grant or contract, using the 
    specifications for such paper established by the Joint Committee on 
    Printing;
        ``(2) Federal agencies require the use of archival quality acid 
    free papers for permanently valuable Federal records and confer with 
    the National Archives and Records Administration on the requirements 
    for paper quality;
        ``(3) American publishers and State and local governments use 
    acid free permanent papers for publications of enduring value, in 
    voluntary compliance with the American National Standard;
        ``(4) all publishers, private and governmental, prominently note 
    the use of acid free permanent paper in books, advertisements, 
    catalogs, and standard bibliographic listings; and
        ``(5) the Secretary of State, Librarian of Congress, Archivist 
    of the United States, and other Federal officials make known the 
    national policy regarding acid free permanent papers to foreign 
    governments and appropriate international agencies since the acid 
    paper problem is worldwide and essential foreign materials being 
    imported by our libraries are printed on acid papers.
    ``Sec. 3. The Librarian of Congress, the Archivist of the United 
States, and the Public Printer shall jointly monitor the Federal 
Government's progress in implementing the national policy declared in 
section 1 regarding acid free permanent papers and shall report to the 
Congress regarding such progress on December 31, 1991, December 31, 
1993, and December 31, 1995. In carrying out the monitoring and 
reporting functions under this section, the Librarian of Congress, the 
Archivist of the United States, and the Public Printer may consult with 
the National Endowment for the Humanities, National Agricultural 
Library, National Library of Medicine, other Federal and State agencies, 
international organizations, private publishers, paper manufacturers, 
and other organizations with an interest in preservation of books and 
historical papers.''


Sec. 510. Specifications in advertisements for paper

    The advertisements for proposals shall specify the minimum portion 
of each quality of paper required for either three months, six months, 
or one year, as the Joint Committee on Printing determines; but when the 
minimum portion so specified exceeds, in any case, one thousand reams, 
it shall state that proposals will be received for one thousand reams or 
more.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1954 ed., Sec. 6 (Jan. 12, 1895, ch. 23, 
Sec. 4, 28 Stat. 601).


Sec. 511. Opening bids; bonds

    The sealed proposals to furnish paper and envelopes shall be opened 
in the presence of the Joint Committee on Printing who shall award the 
contracts to the lowest and best bidder for the interest of the 
Government. The committee \1\ may not consider a proposal that is not 
accompanied by a bond with security or certified check in the amount of 
$5,000, guaranteeing that the bidder if his proposal is accepted, will 
enter into a formal contract with the United States to furnish the paper 
or envelopes specified. The Committee may not consider a proposal from a 
person unknown to it unless accompanied by satisfactory evidence that he 
is a manufacturer of or dealer in the description of paper or envelopes 
proposed to be furnished.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be capitalized.
---------------------------------------------------------------------------

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 7 (Jan. 12, 1895, ch. 23, 
Sec. 5, 28 Stat. 602; June 16, 1938, ch. 477, Sec. 3, 52 Stat. 761).


Sec. 512. Approval of paper contracts; time for performance; 
        bonds
        
    A contract for furnishing paper is not valid until approved by the 
Joint Committee on Printing. The award of a contract for furnishing 
paper shall designate a reasonable time for its performance. The 
contractor shall give bond in an amount fixed and approved by the 
Committee.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 8 (Jan. 12, 1895, ch. 23, 
Sec. 6, 28 Stat. 602; Mar. 3, 1917, ch. 163, Sec. 6, 39 Stat. 1121).


Sec. 513. Comparison of paper and envelopes with standard 
        quality
        
    The Public Printer shall compare every lot of paper and envelopes 
delivered by a contractor with the standard of quality fixed upon by the 
Joint Committee on Printing, and may not accept paper or envelopes which 
do not conform to it in every particular. A lot of delivered paper or 
envelopes which does not conform to the standard of quality may be 
accepted by the Committee at a discount that in its opinion is 
sufficient to protect the interests of the Government.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1245.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 9 (Jan. 12, 1895, ch. 23, 
Sec. 7, 28 Stat. 602; June 20, 1936, ch. 630, title VIII, Sec. 13, 49 
Stat. 1553).


Sec. 514. Determination of quality of paper

    The Joint Committee on Printing shall determine differences of 
opinion between the Public Printer and a contractor for paper respecting 
the paper's quality; and the decision of the Committee is final as to 
the United States.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1245.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 10 (Jan. 12, 1895, ch. 23, 
Sec. 8, 28 Stat. 602; Mar. 3, 1917, ch. 163, Sec. 6, 39 Stat. 1121).


Sec. 515. Default of contractor; new contracts and purchase in 
        open market
        
    If a contractor fails to comply with his contract, the Public 
Printer shall report the default to the Joint Committee on Printing, and 
under its direction, enter into a new contract with the lowest, best, 
and most responsible bidder for the interest of the Government among 
those whose proposals were rejected at the last opening of bids, or he 
shall advertise for new proposals, under the regulations provided by 
sections 509-517 of this title. During the interval that may thus occur 
he may, under the direction of the Joint Committee on Printing, purchase 
in open market, at the lowest market price, paper necessary for the 
public printing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1245.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 11 (Jan. 12, 1895, ch. 23, 
Sec. 9, 28 Stat. 602; Mar. 3, 1917, ch. 163, Sec. 6, 39 Stat. 1121).


Sec. 516. Liability of defaulting contractor

    Upon failure to furnish paper, a contractor and his sureties shall 
be responsible for any increase of cost to the Government in procuring a 
supply of the paper consequent upon his default. The Public Printer 
shall report every default, with a full statement of all the facts in 
the case, to the General Counsel for the Department of the Treasury, who 
shall prosecute the defaulting contractor and his sureties upon their 
bond in the district court of the United States in the district in which 
the defaulting contractor resides.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1245.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 12 (Jan. 12, 1895, ch. 23, 
Sec. 10, 28 Stat. 602; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; 
May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759).


Sec. 517. Purchase of paper in open market

    The Joint Committee on Printing may authorize the Public Printer to 
purchase paper in open market when they consider the quantity required 
so small or the want so immediate as not to justify advertisement for 
proposals.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1245.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 13 (Jan. 12, 1895, ch. 23, 
Sec. 11, 28 Stat. 602; Mar. 3, 1917, ch. 163, Sec. 6, 39 Stat. 1121).


              CHAPTER 7--CONGRESSIONAL PRINTING AND BINDING

Sec.
701.          ``Usual number'' of documents and reports; distribution of 
                  House and Senate documents and reports; binding; 
                  reports on private bills; number of copies printed; 
                  distribution.
702.          Extra copies of documents and reports.
703.          Printing extra copies.
704.          Reprinting bills, laws, and reports from committees not 
                  exceeding fifty pages.
705.          Duplicate orders to print.
706.          Bills and resolutions: number and distribution.
707.          Bills and resolutions: style and form.
708.          Bills and resolutions: binding sets for Congress.
709.          Public and private laws, postal conventions, and treaties.
710.          Copies of Acts furnished to Public Printer.
711.          Printing Acts, joint resolutions, and treaties.
712.          Printing of postal conventions.
713.          Journals of Houses of Congress.
714.          Printing documents for Congress in two or more editions; 
                  printing of full number and allotment of full quota.
715.          Senate and House documents and reports for Department of 
                  State.
716.          Printing of documents not provided for by law.
717.          Appropriation chargeable for printing of document or 
                  report by order of Congress.
718.          Lapse of authority to print.
719.          Classification and numbering of publications ordered 
                  printed by Congress; designation of publications of 
                  departments; printing of committee hearings.
720.          Senate and House Manuals.
721.          Congressional Directory.
722.          Congressional Directory: sale.
723.          Memorial addresses: preparation; distribution.
724.          Memorial addresses: illustrations.
725.          Statement of appropriations; ``usual number''.
726.          Printing for committees of Congress.
727.          Committee reports: indexing and binding.
728.          United States Statutes at Large: distribution.
729.          United States Statutes at Large: references in margins.
730.          Distribution of documents to Members of Congress.
731.          Allotments of public documents printed after expiration of 
                  terms of Members of Congress; rights of retiring 
                  Members to documents.
732.          Time for distribution of documents by Members of Congress 
                  extended.
733.          Documents and reports ordered by Members of Congress; 
                  franks and envelopes for Members of Congress.
734.          Stationery and blank books for Congress.
735.          Binding for Senators.
736.          Binding at expense of Members of Congress.
737.          Binding for Senate library.
738.          Binding of publications for distribution to libraries.
739.          Senate and House document rooms; superintendents.
740.          Senate Service Department and House Publications 
                  Distribution Service; superintendents.
741.          Disposition of documents stored at Capitol.


                               Amendments

    1996--Pub. L. 104-186, title II, Sec. 223(4)(B), Aug. 20, 1996, 110 
Stat. 1751, substituted ``Senators'' for ``Members of Congress'' in item 
735.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 701. ``Usual number'' of documents and reports; 
        distribution of House and Senate documents and reports; binding; 
        reports on private bills; number of copies printed; distribution
        
    (a) The order by either House of Congress to print a document or 
report shall signify the ``usual number'' of copies for binding and 
distribution among those entitled to receive them. A greater number may 
not be printed unless ordered by either House, or as provided by this 
section. When a special number of a document or report is ordered 
printed, the usual number shall also be printed, unless already ordered.
    (b) The ``usual number'' of documents and reports shall be one 
thousand six hundred and eighty-two copies, which shall be printed at 
one time and distributed as follows:
    Of the House documents and reports, unbound--to the Senate document 
room, one hundred and fifty copies; to the office of the Secretary of 
the Senate, ten copies; to the House document room, not to exceed five 
hundred copies; to the office of the Clerk of the House of 
Representatives, twenty copies; to the Library of Congress, ten copies, 
as provided by section 1718 of this title.
    Of the Senate documents and reports, unbound--to the Senate document 
room, two hundred and twenty copies; office of the Secretary of the 
Senate, ten copies; to the House document room, not to exceed five 
hundred copies; to the Clerk's office of the House of Representatives, 
ten copies; to the Library of Congress, ten copies, as provided by 
section 1718 of this title.
    (c) Of the number printed, the Public Printer shall bind a 
sufficient number of copies for distribution as follows:
    Of the House documents and reports, bound--to the Senate library, 
fifteen copies; to the Library of Congress, not to exceed one hundred 
and fifty copies, as provided by section 1718 of this title; to the 
House of Representatives library, fifteen copies; to the Superintendent 
of Documents, as many copies as are required for distribution to the 
State libraries and designated depositories.
    Of the Senate documents and reports, bound--to the Senate library, 
fifteen copies; to the Library of Congress, copies as provided by 
sections 1718 and 1719 of this title; to the House of Representatives 
library, fifteen copies; to the Superintendent of Documents, as many 
copies as may be required for distribution to State libraries and 
designated depositories. In binding documents the Public Printer shall 
give precedence to those that are to be distributed to libraries and to 
designated depositories. But a State library or designated depository 
entitled to documents that may prefer to have its documents in unbound 
form, may do so by notifying the Superintendent of Documents to that 
effect prior to the convening of each Congress.
    (d) The usual number of reports on private bills, concurrent or 
simple resolutions, may not be printed. Instead there shall be printed 
of each Senate report on a private bill, simple or concurrent 
resolution, in addition to those required to be furnished the Library of 
Congress, three hundred and forty-five copies, which shall be 
distributed as follows: to the Senate document room, two hundred and 
twenty copies; to the Secretary of the Senate, fifteen copies; to the 
House document room, one hundred copies; to the Superintendent of 
Documents, ten copies; and of each House report on a private bill, 
simple or concurrent resolution, in addition to those for the Library of 
Congress, two hundred and sixty copies, which shall be distributed as 
follows: to the Senate document room, one hundred and thirty-five 
copies; to the Secretary of the Senate, fifteen copies; to the House 
document room, one hundred copies; to the Superintendent of Documents, 
ten copies.
    This section does not prevent the binding of all Senate and House 
reports in the reserve volumes bound for and delivered to the Senate and 
House libraries, nor abridge the right of the Vice President, Senators, 
Representatives, Resident Commissioner, Secretary of the Senate, and 
Clerk of the House to have bound in half morocco, or material not more 
expensive, one copy of every public document to which he may be 
entitled. At least twelve copies of each report on bills for the payment 
or adjudication of claims against the Government shall be kept on file 
in the Senate document room.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1246.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 131 (Jan. 12, 1895, ch. 23, 
Sec. 54, 28 Stat. 608; Mar. 2, 1901, No. 16, Sec. Sec. 1, 2, 31 Stat. 
1464; Jan. 20, 1905, ch. 50, Sec. 1, 33 Stat. 610; Mar. 1, 1907, ch. 
2284, Sec. 4, 34 Stat. 1014; Jan. 15, 1908, No. 3, Sec. 2, 35 Stat. 566; 
Mar. 4, 1909, ch. 317, 35 Stat. 1067; June 25, 1910, ch. 439, 36 Stat. 
868; Mar. 3, 1925, ch. 421, Sec. Sec. 6, 7, 43 Stat. 1106; June 20, 
1936, ch. 630, title IV, Sec. 6, 49 Stat. 1550; Proc. No. 2695, July 4, 
1946, 11 F.R. 7517, 60 Stat. 1352).


      Congressional Printing and Binding Services For the House of 
                Representatives--Appropriations and Study

    Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 111], Dec. 21, 2000, 
114 Stat. 2763, 2763A-110, provided that:
    ``(a) Congressional Printing and Binding For the House Through Clerk 
of House.--
        ``(1) In general.--Notwithstanding any provision of title 44, 
    United States Code, or any other law, there are authorized to be 
    appropriated to the Clerk of the House of Representatives such sums 
    as may be necessary for congressional printing and binding services 
    for the House of Representatives.
        ``(2) Preparation of estimates.--Estimated expenditures and 
    proposed appropriations for congressional printing and binding 
    services shall be prepared and submitted by the Clerk of the House 
    of Representatives in accordance with title 31, United States Code, 
    in the same manner as estimates and requests are prepared for other 
    legislative branch services under such title, except that such 
    requests shall be based upon the results of the study conducted 
    under subsection (b) (with respect to any fiscal year covered by 
    such study).
        ``(3) Effective date.--This subsection shall apply with respect 
    to fiscal year 2003 and each succeeding fiscal year.
    ``(b) Study.--
        ``(1) In general.--During fiscal year 2001, the Clerk of the 
    House of Representatives shall conduct a comprehensive study of the 
    needs of the House for congressional printing and binding services 
    during fiscal year 2003 and succeeding fiscal years (including 
    transitional issues during fiscal year 2002), and shall include in 
    the study an analysis of the most cost-effective program or programs 
    for providing printed or other media-based publications for House 
    uses.
        ``(2) Submission to committees.--The Clerk shall submit the 
    study conducted under paragraph (1) to the Committee on House 
    Administration of the House of Representatives, who shall review the 
    study and prepare such regulations or other materials (including 
    proposals for legislation) as it considers appropriate to enable the 
    Clerk to carry out congressional printing and binding services for 
    the House in accordance with this section.
    ``(c) Definition.--In this section, the term `congressional printing 
and binding services' means the following services:
        ``(1) Authorized printing and binding for the Congress and the 
    distribution of congressional information in any format.
        ``(2) Preparing the semimonthly and session index to the 
    Congressional Record.
        ``(3) Printing and binding of Government publications authorized 
    by law to be distributed to Members of Congress.
        ``(4) Printing, binding, and distribution of Government 
    publications authorized by law to be distributed without charge to 
    the recipient.''


Sec. 702. Extra copies of documents and reports

    Copies in addition to the ``usual number'' of documents and reports 
shall be printed promptly when ready for publication, and may be bound 
in paper or cloth as the Joint Committee on Printing directs.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1247.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964, ed., Sec. Sec. 132, 134 (Jan. 12, 1895, 
ch. 23, Sec. Sec. 2, 73, 28 Stat. 601, 612, Mar. 1, 1907, ch. 2284, 
Sec. 1, 34 Stat. 1013).


Sec. 703. Printing extra copies

    Orders for printing copies in addition to the ``usual number'', 
otherwise than provided for by this section, shall be by simple, 
concurrent, or joint resolution. Either House may print extra copies to 
the amount of $1,200 by simple resolution; if the cost exceeds that sum, 
the printing shall be ordered by concurrent resolution, unless the 
resolution is self-appropriating, when it shall be by joint resolution. 
Resolutions, when presented to either House, shall be referred to the 
Committee on House Oversight of the House of Representatives or the 
Committee on Rules and Administration of the Senate, who, in making 
their report, shall give the probable cost of the proposed printing upon 
the estimate of the Public Printer; and extra copies may not be printed 
before the committee has reported. The printing of additional copies may 
be performed upon orders of the Joint Committee on Printing within a 
limit of $700 in cost in any one instance.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1247; Pub. L. 104-186, title 
II, Sec. 223(2), Aug. 20, 1996, 110 Stat. 1751.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 133 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1013; 
Apr. 19, 1949, ch. 72, 63 Stat. 48).


                               Amendments

    1996--Pub. L. 104-186 substituted ``House Oversight'' for ``House 
Administration''.

                         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.


Sec. 704. Reprinting bills, laws, and reports from committees 
        not exceeding fifty pages
        
    When the supply is exhausted, the Secretary of the Senate and the 
Clerk of the House of Representatives may order the reprinting of not 
more than one thousand copies of a pending bill, resolution, or public 
law, not exceeding fifty pages, or a report from a committee or 
congressional commission on pending legislation not accompanied by 
testimony or exhibits or other appendices and not exceeding fifty pages. 
The Public Printer shall require each requisition for reprinting to cite 
the specific authority of law for its execution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1248.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 137 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1012).


Sec. 705. Duplicate orders to print

    The Public Printer shall examine the orders of the Senate and House 
of Representatives for printing, and in case of duplication shall print 
under the first order received.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1248.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 135 (Jan. 12, 1895, ch. 23, 
Sec. 53, 28 Stat. 608).


Sec. 706. Bills and resolutions: number and distribution

    There shall be printed of each Senate and House public bill and 
joint resolution six hundred and twenty-five copies, which shall be 
distributed as follows:
        to the Senate document room, two hundred and twenty-five copies;
        to the office of Secretary of Senate, fifteen copies;
        to the House document room, three hundred and eighty-five 
    copies.

    There shall be printed of each Senate private bill, when introduced, 
when reported, and when passed, three hundred copies, which shall be 
distributed as follows:
        to the Senate document room, one hundred and seventy copies;
        to the Secretary of the Senate, fifteen copies;
        to the House document room, one hundred copies;
        to the Superintendent of Documents, ten copies.

    There shall be printed of each House private bill, when introduced, 
when reported, and when passed two hundred and sixty copies, which shall 
be distributed as follows:
        to the Senate document room, one hundred and thirty-five copies;
        to the Secretary of the Senate, fifteen copies;
        to the House document room, one hundred copies;
        to the Superintendent of Documents, ten copies.

    Bills and resolutions shall be printed in bill form, and, unless 
specially ordered by either House shall be printed only when referred to 
a committee, when favorably reported back, and after their passage by 
either House.
    Of concurrent and simple resolutions, when reported, and after their 
passage by either House, only two hundred and sixty copies shall be 
printed, except by special order, and shall be distributed as follows:
        to the Senate document room, one hundred and thirty-five copies;
        to the Secretary of the Senate, fifteen copies;
        to the House document room, one hundred copies;
        to the Superintendent of Documents, ten copies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1248.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 189 (Jan. 12, 1895, ch. 23, 
Sec. 55, 28 Stat. 609; Jan. 20, 1905, ch. 50, Sec. 2, 22 Stat. 611).


Sec. 707. Bills and resolutions: style and form

    Subject to sections 205 and 206 of Title 1, the Joint Committee on 
Printing may authorize the printing of a bill or resolution, with index 
and ancillaries, in the style and form the Joint Committee on Printing 
considers most suitable in the interest of economy and efficiency, and 
to so continue until final enactment in both Houses of Congress. The 
committee may also curtail the number of copies of bills or resolutions, 
including the slip form of a public Act or public resolution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1248.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 189a (June 13, 1934, ch. 483, 
Sec. 3, 48 Stat. 948).


Sec. 708. Bills and resolutions: binding sets for Congress

    The Public Printer shall bind four sets of Senate and House of 
Representatives bills, joint and concurrent resolutions of each 
Congress, two for the Senate and two for the House, to be furnished him 
from the files of the Senate and House document room, the volumes when 
bound to be kept there for reference.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1249.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 190 (Jan. 12, 1895, ch. 23, 
Sec. 82, 28 Stat. 622).


Sec. 709. Public and private laws, postal conventions, and 
        treaties
        
    The Public Printer shall print in slip form copies of public and 
private laws, postal conventions, and treaties, to be charged to the 
congressional allotment for printing and binding. The Joint Committee on 
Printing shall control the number and distribution of copies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1249.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 191 (Jan. 12, 1895, ch. 23, 
Sec. 56, 28 Stat. 609; July 10, 1952, ch. 632, Sec. 7, 66 Stat. 541).


Sec. 710. Copies of Acts furnished to Public Printer

    The Archivist of the United States shall furnish to the Public 
Printer a copy of every Act and joint resolution, as soon as possible 
after its approval by the President, or after it has become a law under 
the Constitution without his approval.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1249; Pub. L. 98-497, title I, 
Sec. 107(b)(1), Oct. 19, 1984, 98 Stat. 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 191a (R.S. Sec. 210; June 20, 
1874, ch. 328, 18 Stat. 88; 1950 Reorg. Plan No. 20, Sec. 1, eff. May 
24, 1950; 15 F.R. 3178, 64 Stat. 1272).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services''.


                    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.


Sec. 711. Printing Acts, joint resolutions, and treaties

    The Public Printer, on receiving from the Archivist of the United 
States a copy of an Act or joint resolution, or from the Secretary of 
State, a copy of a treaty, shall print an accurate copy and transmit it 
in duplicate to the Archivist of the United States or to the Secretary 
of State, as the case may be, for revision. On the return of one of the 
revised duplicates, he shall make the marked corrections and print the 
number specified by section 709 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1249; Pub. L. 98-497, title I, 
Sec. 107(b)(1), Oct. 19, 1984, 98 Stat. 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 192 (R.S. Sec. 3805; Jan. 12, 
1895, ch. 23, Sec. 56, 28 Stat. 609; 1950 Reorg. Plan No. 20, Sec. 1, 
eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services'' wherever appearing.


                    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.


Sec. 712. Printing of postal conventions

    The Public Printer, on receiving from the Postmaster General a copy 
of a postal convention between the Postmaster General, on the part of 
the United States, and an equivalent officer of a foreign government, 
shall print an accurate copy and transmit it in duplicate to the 
Postmaster General. On the return of one of the revised duplicates, he 
shall make the marked corrections and print the number specified by 
section 709 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1249.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 193 (R.S. Sec. 3806; June 20, 
1874, ch. 328, Sec. 1, 18 Stat. 88; Jan. 12, 1895, ch. 23, Sec. 56, 28 
Stat. 609).

                          Transfer of Functions

    Office of Postmaster General of Post Office Department abolished and 
functions, powers, and duties of Postmaster General transferred to 
United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 
1970, 84 Stat. 773, set out as a note under section 201 of Title 39, 
Postal Service.


Sec. 713. Journals of Houses of Congress

    There shall be printed of the Journals of the Senate and House of 
Representatives eight hundred and twenty copies, which shall be 
distributed as follows:
        to the Senate document room, ninety copies for distribution to 
    Senators, and twenty-five additional copies;
        to the Senate library, ten copies;
        to the House document room, three hundred and sixty copies for 
    distribution to Members, and twenty-five additional copies;
        to the Department of State, four copies;
        to the Superintendent of Documents, one hundred and forty-four 
    copies to be distributed to three libraries in each of the States to 
    be designated by the Superintendent of Documents; and
        to the Library of the House of Representatives, ten copies.

The remaining number of the Journals of the Senate and House of 
Representatives, consisting of twenty-five copies, shall be furnished to 
the Secretary of the Senate and the Clerk of the House of 
Representatives, respectively, as the necessities of their respective 
offices require, as rapidly as signatures are completed for 
distribution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1249; Pub. L. 97-164, title I, 
Sec. 158, Apr. 2, 1982, 96 Stat. 47.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 147 (Jan. 12, 1895, ch. 23, 
Sec. 57, 28 Stat. 609; Mar. 2, 1901, No. 16, Sec. Sec. 1, 2, 31 Stat. 
1464).


                               Amendments

    1982--Pub. L. 97-164 substituted ``eight hundred and twenty'' for 
``eight hundred and twenty-two'' as total number of Journals printed and 
struck out provision that directed that two copies be distributed to the 
Court of Claims.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


Sec. 714. Printing documents for Congress in two or more 
        editions; printing of full number and allotment of full quota
        
    The Joint Committee on Printing shall establish rules to be observed 
by the Public Printer, by which public documents and reports printed for 
Congress, or either House, may be printed in two or more editions, to 
meet the public requirements. The aggregate of the editions may not 
exceed the number of copies otherwise authorized. This section does not 
prevent the printing of the full number of a document or report, or the 
allotment of the full quota to Senators and Representatives, as 
otherwise authorized, when a legitimate demand for the full complement 
is known to exist.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 136 (Mar. 30, 1906, No. 14, 34 
Stat. 826).


Sec. 715. Senate and House documents and reports for Department 
        of State
        
    The Public Printer shall print, in addition to the usual number, and 
furnish the Department of State twenty copies of each Senate and House 
of Representatives document and report.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 138 (Feb. 7, 1896, No. 14, 29 
Stat. 463).


Sec. 716. Printing of documents not provided for by law

    Either House may order the printing of a document not already 
provided for by law, when accompanied by an estimate from the Public 
Printer as to the probable cost. An executive department, bureau, board, 
or independent office of the Government submitting reports or documents 
in response to inquiries from Congress shall include an estimate of the 
probable cost of printing to the usual number. This section does not 
apply to reports or documents not exceeding fifty pages.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 140 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1013).


Sec. 717. Appropriation chargeable for printing of document or 
        report by order of Congress
        
    The cost of the printing of a document or report printed by order of 
Congress which, under section 1107 of this title, cannot be properly 
charged to another appropriation or allotment of appropriation already 
made, upon order of the Joint Committee on Printing, shall be charged to 
the allotment of appropriation for printing and binding for Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 144 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1013).


Sec. 718. Lapse of authority to print

    The authority to print a document or report, or a publication 
authorized by law to be printed, for distribution by Congress, shall 
lapse when the whole number of copies has not been ordered within two 
years from the date of the original order, except orders for subsequent 
editions, approved by the Joint Committee on Printing, in which case the 
whole number may not exceed that originally authorized by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 141 (Mar. 1, 1907, ch. 2284, 
Sec. 5, 34 Stat. 1014).


Sec. 719. Classification and numbering of publications ordered 
        printed by Congress; designation of publications of departments; 
        printing of committee hearings
        
    Publications ordered printed by Congress, or either House, shall be 
in four series, namely:
        one series of reports made by the committees of the Senate, to 
    be known as Senate reports;
        one series of reports made by the committees of the House of 
    Representatives, to be known as House reports;
        one series of documents other than reports of committees, the 
    orders for printing which originate in the Senate, to be known as 
    Senate documents; and
        one series of documents other than committee reports, the orders 
    for printing which originate in the House of Representatives, to be 
    known as House documents.

    The publications in each series shall be consecutively numbered, the 
numbers in each series continuing in unbroken sequence throughout the 
entire term of a Congress, but these provisions do not apply to the 
documents printed for the use of the Senate in executive session. Of the 
``usual number'', the copies which are intended for distribution to 
State libraries and other designated depositories of annual or serial 
publications originating in or prepared by an executive department, 
bureau, office, commission, or board may not be numbered in the document 
or report series of either House of Congress, but shall be designated by 
title and bound as provided by section 738 of this title; and the 
departmental edition, if any, shall be printed concurrently with the 
``usual number.'' Hearings of committees may be printed as congressional 
documents only when specifically ordered by Congress or either House.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 142 (Jan. 15, 1908, No. 3, 
Sec. 1, 35 Stat. 565).


Sec. 720. Senate and House Manuals

    Each House may order printed as many copies as it desires, of the 
Senate Manual and of the Rules and Manual of the House of 
Representatives, even though the cost exceed $500.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1251.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 148 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 617).


Sec. 721. Congressional Directory

    (a) There shall be prepared under the direction of the Joint 
Committee on Printing (1) a Congressional Directory, which shall be 
printed and distributed as early as practicable during the first session 
of each Congress and (2) a supplement to each Congressional Directory, 
which shall be printed and distributed as early as practicable during 
the second regular session of each Congress. The Joint Committee shall 
control the number and distribution of the Congressional Directory and 
each supplement.
    (b) One copy of the Congressional Directory delivered to Members of 
the Senate and the House of Representatives (including Delegates and the 
Resident Commissioner) shall be bound in cloth and imprinted on the 
cover with the name of the Member. Copies of the Congressional Directory 
delivered to depository libraries may be bound in cloth. All other 
copies of the Congressional Directory shall be bound in paper and names 
shall not be imprinted thereon, except that copies printed for sale 
under section 722 may be bound in cloth.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1251; Pub. L. 95-94, title IV, 
Sec. 404, Aug. 5, 1977, 91 Stat. 682.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 149 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 617; July 1, 1902, ch. 1351, 32 Stat. 583).


                               Amendments

    1977--Pub. L. 95-94 designated existing provisions as subsec. (a), 
substituted provisions relating to distribution of initial and 
supplementary Directories for provisions requiring preparation of three 
editions of the Directory during the first session of each Congress and 
two editions during each second regular session of Congress, struck out 
provisions relating to distribution of the first edition and provisions 
relating to cloth binding for copies delivered to Senators and 
Representatives, and added subsec. (b).


Sec. 722. Congressional Directory: sale

    The Public Printer, under the direction of the Joint Committee on 
Printing, may print the current Congressional Directory for sale at a 
price sufficient to reimburse the expense of printing. The money derived 
from sales shall be paid into the Treasury and accounted for in his 
annual report to Congress, and sales may not be made on credit.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1251.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 150 (Jan. 12, 1895 ch. 23, 
Sec. 40, 28 Stat. 607).


Sec. 723. Memorial addresses: preparation; distribution

    After the final adjournment of each session of Congress, there shall 
be compiled, prepared, printed with illustrations, and bound in cloth in 
one volume, in the style, form, and manner directed by the Joint 
Committee on Printing, without extra compensation to any employee, the 
legislative proceedings of Congress and the exercises at the general 
memorial services held in the House of Representatives during each 
session relative to the death of a Member of Congress or a former Member 
of Congress who served as Speaker, together with all relevant memorial 
addresses and eulogies published in the Congressional Record during the 
same session of Congress, and any other matter the Joint Committee 
considers relevant; and there shall be printed as many copies as needed 
to supply the total quantity provided for by this section, of which 
fifty copies, bound in full morocco, with gilt edges, suitably lettered 
as may be requested, shall be delivered to the family of the deceased, 
and the remaining copies shall be distributed as follows:
        of all eulogies on deceased Members of Congress to the Vice 
    President and each Senator, Representative, and Resident 
    Commissioner in Congress, one copy;
        of the eulogies on deceased Senators there shall be furnished 
    two hundred and fifty copies for each Senator of the State 
    represented by the deceased and twenty copies for each 
    Representative from that State;
        of the eulogies on a deceased Representative and Resident 
    Commissioner two hundred and fifty copies for his successor in 
    office; twenty copies for each of the other Representatives, or 
    Resident Commissioner of the State, or insular possession 
    represented by the deceased; and twenty copies for each Senator from 
    that State.

    The ``usual number'' of memorial addresses may not be printed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1251; Pub. L. 97-51, 
Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964, ed., Sec. 151 (Aug. 23, 1894, ch. 307, 
28 Stat. 447; Jan. 12, 1895, ch. 23, Sec. 73, 28 Stat. 616; June 20, 
1936, ch. 630, title I, Sec. 1, 49 Stat. 1545).

                          Codification

    The 1981 amendment by Pub. L. 97-51 is based on section 4 of House 
Resolution 23, Ninety-seventh Congress, Mar. 10, 1981, as enacted into 
permanent law by H.R. 4120, as reported July 9, 1981, and incorporated 
by reference in section 101(c) of Pub. L. 97-51, to be effective as if 
enacted into law.


                               Amendments

    1981--Pub. L. 97-51 inserted ``or a former Member of Congress who 
served as Speaker'' after ``relative to the death of a Member of 
Congress''.


                 Restriction on Number of Bound Eulogies

    Pub. L. 94-59, title VIII, July 25, 1975, 89 Stat. 296, provided 
that: ``Hereafter, appropriations for authorized printing and binding 
for Congress shall not be available under the authority of section 723 
of title 44 of the United States Code for the printing, publication, and 
distribution of more than fifty bound eulogies to be delivered to the 
family of the deceased, and in the case of a deceased Senator or 
deceased Representative (including Delegates to Congress and the 
Resident Commissioner from Puerto Rico), there shall be furnished to his 
successor in office two hundred and fifty copies.''


Sec. 724. Memorial addresses: illustrations

    The illustrations to accompany bound copies of memorial addresses 
delivered in Congress shall be made at the Bureau of Engraving and 
Printing and paid for out of the appropriation for that bureau, or, in 
the discretion of the Joint Committee on Printing, shall be obtained 
elsewhere by the Public Printer and charged to the allotment for 
printing and binding for Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 152 (Mar. 4, 1921, ch. 161, 
Sec. 1, 41 Stat. 1431).


Sec. 725. Statement of appropriations; ``usual number''

    Of the statements of appropriations required to be prepared by 
section 105 of Title 2, there shall be printed, after the close of each 
regular session of Congress, the usual number of copies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 153 (Mar. 2, 1895, ch. 189, 
Sec. 1, 28 Stat. 958).


Sec. 726. Printing for committees of Congress

    A committee of Congress may not procure the printing of more than 
one thousand copies of a hearing, or other document germane thereto, for 
its use except by simple, concurrent, or joint resolution, as provided 
by section 703 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 154 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1012).


Sec. 727. Committee reports: indexing and binding

    The Secretary of the Senate and the Clerk of the House of 
Representatives shall procure and file for the use of their respective 
House copies of all reports made by committees, and at the close of each 
session of Congress shall have the reports indexed and bound, one copy 
to be deposited in the library of each House and one copy in the 
committee from which the report emanates.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 155 (Jan. 12, 1895, ch. 23, 
Sec. 83, 28 Stat. 622).


Sec. 728. United States Statutes at Large: distribution

    The Public Printer, after the final adjournment of each regular 
session of Congress, shall print and bind copies of the United States 
Statutes at Large, to be charged to the congressional allotment for 
printing and binding. The Joint Committee on Printing shall control the 
number and distribution of the copies.
    The Public Printer shall print and, after the end of each calendar 
year, bind and deliver to the Superintendent of Documents a number of 
copies of the United States Treaties and Other International Agreements 
not exceeding the number of copies of the United States Statutes at 
Large required for distribution in the manner provided by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 196a (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 615; June 20, 1936, ch. 630, title VI, Sec. 9, 49 
Stat. 1551; June 16, 1938, ch. 477, Sec. 2, 52 Stat. 761; Sept. 23, 
1950, ch. 1001, Sec. 4, 64 Stat. 980; July 10, 1952, ch. 632, Sec. 2, 66 
Stat. 540).


     Written Requests for Copies of United States Statutes at Large

    Pub. L. 94-440, title X, Oct. 1, 1976, 90 Stat. 1459, provided that: 
``Hereafter, notwithstanding any other provisions of law, appropriations 
for the automatic distribution to Senators and Representatives 
(including Delegates to Congress and the Resident Commissioner from 
Puerto Rico) of copies of the United States Statutes at Large shall not 
be available with respect to any Senator or Representative unless such 
Senator or Representative specifically, in writing, requests that he 
receive copies of such document.''


Sec. 729. United States Statutes at Large: references in margins

    The Archivist of the United States shall include in the references 
in margins of the United States Statutes at Large the number of the bill 
or joint resolution (designating S. for Senate bill, H.R. for House 
bill, S.J. Res. for Senate joint resolution and H.J. Res. for House 
joint resolution, as the case may be) under which each Act was approved 
and became a law, the reference in the margins to be placed within 
brackets immediately under the date of the approval of the Act at the 
beginning of each Act as printed beginning with Volume 32 of the United 
States Statutes at Large.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1252; Pub. L. 98-497, title I, 
Sec. 107(b)(1), Oct. 19, 1984, 98 Stat. 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 197 (Apr. 12, 1904, No. 20, 33 
Stat. 589; 1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 
3178, 64 Stat. 1272).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services''.


                    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.


Sec. 730. Distribution of documents to Members of Congress

    When, in the division among Senators, and Representatives, of 
documents printed for the use of Congress there is an apportionment to 
each or either House in round numbers, the Public Printer may not 
deliver the full number so accredited at the Senate Service Department 
and House of Representatives Publications Distribution Service, but only 
the largest multiple of the number constituting the full membership of 
that House, including the Secretary and Sergeant at Arms of the Senate 
and Clerk and Sergeant at Arms of the House, which is contained in the 
round numbers thus accredited to that House, so that the number 
delivered divides evenly and without remainder among the Members of the 
House to which they are delivered; and the remainder of the documents 
thus resulting shall be turned over to the Superintendent of Documents, 
to be distributed by him, first, to public and school libraries for the 
purpose of completing broken sets; second, to public and school 
libraries that have not been supplied with any portions of the sets, 
and, lastly, by sale to other persons; the libraries to be named to him 
by Senators and Representatives; and in this distribution the 
Superintendent of Documents, as far as practicable, shall make an equal 
allowance to each Senator and Representative.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1253; Pub. L. 104-186, title 
II, Sec. 223(3), Aug. 20, 1996, 110 Stat. 1751.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 157 (Jan. 12, 1895, ch. 23, 
Sec. 68, 28 Stat. 612; Apr. 6, 1904, ch. 862, 33 Stat. 159; July 2, 
1954, ch. 455, title I, Sec. 101, 68 Stat. 397).
    ``House of Representatives Publications Distribution Service'' is 
substituted for ``House Folding Room'' because of the change of name 
under authority of Public Law 88-652.


                               Amendments

    1996--Pub. L. 104-186 substituted ``and Sergeant at Arms'' for ``, 
Sergeant at Arms, and Doorkeeper''.


Sec. 731. Allotments of public documents printed after 
        expiration of terms of Members of Congress; rights of retiring 
        Members to documents
        
    The Congressional allotment of public documents, other than the 
Congressional Record, printed after the expiration of the term of office 
of the Vice President of the United States, or Senator, Representative, 
or Resident Commissioner, shall be delivered to his successor in office.
    Unless the Vice President of the United States, a Senator, 
Representative, or Resident Commissioner, having public documents to his 
credit at the expiration of his term of office takes them prior to the 
30th day of June next following the date of expiration, he shall forfeit 
them to his successor in office.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1253.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 158 (Jan. 12, 1895, ch. 23, 
Sec. 72, 28 Stat. 612; Mar. 18, 1924, ch. 60, 43 Stat. 24; June 18, 
1934, ch. 606, Sec. 1, 48 Stat. 1017).
    Words ``or her'' deleted by authority of Title 1, sec. 1--``words 
importing masculine gender may be applied to females''.


Sec. 732. Time for distribution of documents by Members of 
        Congress extended
        
    Reelected Members may distribute public documents to their credit, 
or the credit of their respective districts in the Interior or other 
Departments and bureaus, and in the Government Printing Office, during 
their successive terms and until their right to frank documents ends.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1253.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 159 (June 4, 1897, ch. 2, 
Sec. 1, 30 Stat. 62).


Sec. 733. Documents and reports ordered by Members of Congress; 
        franks and envelopes for Members of Congress
        
    The Public Printer on order of a Member of Congress, on prepayment 
of the cost, may reprint documents and reports of committees together 
with the evidence papers submitted, or any part ordered printed by the 
Congress.
    He may also furnish without cost to Members and the Resident 
Commissioner from Puerto Rico, blank franks printed on sheets and 
perforated, or singly at their option, for public documents. Franks 
shall contain in the upper left-hand corner the following words: 
``Public document. United States Senate'' or ``House of Representatives 
U.S.'' and in the upper right-hand corner the letters ``U.S.S.'' or ``M. 
C.'' Franks may also contain information relating to missing children as 
provided in section 3220 of title 39. But he may not print any other 
words except where it is desirable to affix the official title of a 
document. Other words printed on franks shall be at the personal expense 
of the Member or Resident Commissioner ordering them.
    At the request of a Member of Congress or Resident Commissioner the 
Public Printer may print upon franks or envelopes used for mailing 
public documents the facsimile signature of the Member or Resident 
Commissioner and a special request for return if not called for, and the 
name of the State or Commonwealth and county and city. The Member or 
Resident Commissioner shall deposit with his order the extra expense 
involved in printing these additional words.
    The Public Printer may also, at the request of a Member or Resident 
Commissioner, print on envelopes authorized to be furnished, the name of 
the Member or Resident Commissioner, and State or Commonwealth, the 
date, and the topic or subject matter, not exceeding twelve words.
    The Public Printer shall deposit moneys accruing under this section 
in the Treasury of the United States to the credit of the appropriation 
made for the working capital of the Government Printing Office for the 
year in which the work is done. He shall account for them in his annual 
report to Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1253; Pub. L. 93-191, 
Sec. 8(a), Dec. 18, 1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(b), Mar. 
27, 1974, 88 Stat. 52; Pub. L. 99-87, Sec. 1(c)(2), Aug. 9, 1985, 99 
Stat. 291.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 162 (Jan. 12, 1895, ch. 23, 
Sec. 37, 28 Stat. 606; Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 961; Jan. 
30, 1904, ch. 39, 33 Stat. 9; Mar. 4, 1925, ch. 549, Sec. 1, 43 Stat. 
1300).
    Section 893 of Title 48, U.S. Code, provides that: ``The Resident 
Commissioner of Puerto Rico shall . . . be allowed the franking 
privilege granted Members of Congress.''
    By inference he should be included in section 733, since the 
franking privilege should include the means to use it.
    Changes have been made in section 733 to include the Resident 
Commissioner as to printing of franks.


                               Amendments

    1985--Pub. L. 99-87 inserted ``Franks may also contain information 
relating to missing children as provided in section 3220 of title 39.'' 
before ``But he may not print'' in second par.
    1974--Pub. L. 93-255 struck out ``Postage paid by Congress.'' after 
``Public document.'' in second par.
    1973--Pub. L. 93-191 substituted ``Public document. Postage paid by 
Congress.'' for ``Public document. Free.'' in second par.


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section 14 
of Pub. L. 93-191, set out as a note under section 3210 of Title 39, 
Postal Service.


Sec. 734. Stationery and blank books for Congress

    Upon requisition of the Secretary of the Senate and the Clerk of the 
House of Representatives, respectively, the Public Printer shall furnish 
stationery, blank books, tables, forms, and other necessary papers 
preparatory to congressional legislation, required for the official use 
of the Senate and the House of Representatives, or their committees and 
officers. This does not prevent the purchase by the officers of the 
Senate and House of Representatives of stationery and blank books 
necessary for sale to Senators and Members in the stationery rooms of 
the two Houses as provided by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1254.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 146 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1013).

                         Change of Name

    Stationery room of House of Representatives redesignated Office 
Supply Service.

                          Transfer of Functions

    Certain functions of Officers of House of Representatives 
transferred to Director of Non-legislative and Financial Services by 
section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 
9, 1992. Director of Non-legislative and Financial Services replaced by 
Chief Administrative Officer of House of Representatives by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.


Sec. 735. Binding for Senators

    Each Senator is entitled to the binding in half morocco, or material 
not more expensive, of one copy of each public document to which he is 
entitled, an account of which shall be kept by the Secretary of the 
Senate.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1254; Pub. L. 104-186, title 
II, Sec. 223(4)(A), Aug. 20, 1996, 110 Stat. 1751.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 160 (Jan. 12, 1895, ch. 23, 
Sec. 2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, Sec. 1, 34 Stat. 1013).


                               Amendments

    1996--Pub. L. 104-186, in section catchline, substituted 
``Senators'' for ``Members of Congress'', and in text, substituted 
``Senator'' for ``Member of Congress'' and struck out ``and Clerk of the 
House of Representatives, respectively'' after ``Secretary of the 
Senate''.


             Written Requests for Bound Copies of Documents

    Pub. L. 94-59, title VIII, July 25, 1975, 89 Stat. 296, provided 
that: ``Hereafter, notwithstanding any other provisions of law 
appropriations for the binding of copies of public documents by 
Committees for distribution to Senators and Representatives (including 
Delegates to Congress and the Resident Commissioner from Puerto Rico) 
shall not be available for a Senator or Representative unless such 
Senator or Representative specifically, in writing, requests that he 
receive bound copies of any such documents.''


Sec. 736. Binding at expense of Members of Congress

    The Public Printer may bind at the Government Printing Office books, 
maps, charts, or documents published by authority of Congress, upon 
application of a Member of Congress, and payment of the actual cost of 
binding.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1254.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 171 (Dec. 10, 1877, ch. 6, 20 
Stat. 5).


Sec. 737. Binding for Senate library

    The Secretary of the Senate may make requisition upon the Public 
Printer for the binding for the Senate library of books he considers 
necessary, at a cost not to exceed $200 per year.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1254.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 168 (Mar. 2, 1895, ch. 189, 
Sec. 1, 28 Stat. 958).


Sec. 738. Binding of publications for distribution to libraries

    The Public Printer shall supply the Superintendent of Documents with 
sufficient copies of publications distributed in unbound form, to be 
bound and distributed to the State libraries and other designated 
depositories for their permanent files. Every publication of sufficient 
size on any one subject shall be bound separately and receive the title 
suggested by the subject of the volume, and the others shall be 
distributed in unbound form as soon as printed. The library edition, as 
well as all other bound sets of congressional numbered documents and 
reports, shall be arranged in volumes and bound in the manner directed 
by the Joint Committee on Printing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1254.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 143 (Jan. 15, 1908, No. 3, 
Sec. 2, 35 Stat. 566).


Sec. 739. Senate and House document rooms; superintendents

    There shall be one document room of the Senate and one of the House 
of Representatives, to be designated, respectively, the ``Senate and 
House document room.'' Each shall be in charge of a superintendent, who 
shall be appointed by the Secretary of the Senate and the Clerk of the 
House, respectively, together with the necessary assistants. The Senate 
document room shall be under the jurisdiction of the Secretary of the 
Senate.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1254; Pub. L. 104-186, title 
II, Sec. 223(5), Aug. 20, 1996, 110 Stat. 1751.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 165 (Jan. 12, 1895, ch. 23, 
Sec. 60, 28 Stat. 610; Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 962).


                               Amendments

    1996--Pub. L. 104-186 substituted ``Clerk'' for ``Doorkeeper''.


Sec. 740. Senate Service Department and House Publications 
        Distribution Service; superintendents
        
    There shall be a Senate Service Department and a House of 
Representatives Publications Distribution Service in the charge of 
superintendents, appointed respectively by the Sergeant at Arms of the 
Senate and Chief Administrative Officer of the House of Representatives, 
together with the necessary assistants. Reports or documents to be 
distributed for the Senators and Representatives shall be folded and 
distributed from the Senate Service Department and House of 
Representatives Publications Distribution Service, unless otherwise 
ordered, and the respective superintendent shall notify each Senator and 
Representative in writing once every sixty days of the number and 
character of publications on hand and assigned to him for use and 
distribution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1255; Pub. L. 104-186, title 
II, Sec. 223(6), Aug. 20, 1996, 110 Stat. 1751.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 166 (Jan. 12, 1895, ch. 23, 
Sec. 71, 28 Stat. 612; July 2, 1954, ch. 455, title I, Sec. 101, 68 
Stat. 397).
    ``House of Representatives Publications Distribution Service'' is 
substituted for ``House Folding Room'' because of the change of name 
under authority of Public Law 88-652.


                               Amendments

    1996--Pub. L. 104-186 substituted ``Chief Administrative Officer of 
the House of Representatives'' for ``Doorkeeper of the House''.


Sec. 741. Disposition of documents stored at Capitol

    The Secretary and Sergeant at Arms of the Senate and the Clerk and 
Doorkeeper of the House of Representatives, at the convening in regular 
session of each successive Congress shall cause an invoice to be made of 
public documents stored in and about the Capitol, other than those 
belonging to the quota of Members of Congress, to the Library of 
Congress and the Senate and House libraries and document rooms. The 
superintendents of the Senate Service Department and House of 
Representatives Publications Distribution Service shall put the 
documents to the credit of Senators and Representatives in quantities 
equal in the number of volumes and as nearly as possible in value, to 
each Member of Congress, and the documents shall be distributed upon the 
orders of Senators and Representatives, each of whom shall be supplied 
by the superintendents of the Senate Service Department and House of 
Representatives Publications Distribution Service with a list of the 
number and character of the publications thus put to his credit, but 
before apportionment is made copies of any of these documents desired 
for the use of a committee of either House shall be delivered to the 
chairman of the committee.
    Four copies of leather-bound documents shall be reserved and 
carefully stored, to be used in supplying deficiencies in the Senate and 
House libraries caused by wear or loss.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1255.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 167 (Jan. 12, 1895, ch. 23, 
Sec. 63, 28 Stat. 611; July 2, 1954, ch. 455, title I, Sec. 101, 68 
Stat. 397).
    ``Senate Service Department and House Folding Room'' was substituted 
for ``Senate and House folding rooms,'' and ``superintendents of the 
Senate Service Department and House Folding Room'' was substituted for 
``superintendents of the folding rooms'' in view of act July 2, 1954, 
which redesignated the Senate Folding Room as the Senate Service 
Department.
    Act July 2, 1954, provided in part that ``hereafter'' the Senate 
Folding Room should be known as the Senate Service Department.
    ``House of Representatives Publications Distribution Service'' is 
substituted for ``House Folding Room'' because of the change of name 
under authority of Public Law 88-652.

                    Abolition of Office of Doorkeeper

    Office of Doorkeeper of House of Representatives abolished and 
functions transferred generally to Sergeant-at-Arms of House of 
Representatives by House Resolution No. 6, One Hundred Fourth Congress, 
Jan. 4, 1995.


                     CHAPTER 9--CONGRESSIONAL RECORD

Sec.
901.          Congressional Record: arrangement, style, contents, and 
                  indexes.
902.          Congressional Record: indexes.\1\
  
---------------------------------------------------------------------------
    \1\ Section catchline amended by Pub. L. 108-102 without 
corresponding amendment of analysis.
---------------------------------------------------------------------------
903.          Congressional Record: daily and permanent forms.
904.          Congressional Record: maps; diagrams; illustrations.
905.          Congressional Record: additional insertions.
906.          Congressional Record: gratuitous copies; delivery.
907.          Congressional Record: extracts for Members of Congress; 
                  mailing envelopes.
908.          Congressional Record: payment for printing extracts or 
                  other documents.
909.          Congressional Record: exchange for Parliamentary Hansard.
910.          Congressional Record: subscriptions; sale of current, 
                  individual numbers, and bound sets; postage rate.


                               Amendments

    1974--Pub. L. 93-314, Sec. 1(c), June 8, 1974, 88 Stat. 239, struck 
out ``; subscription'' in item 906, and substituted ``subscriptions; 
sale of current, individual numbers and bound sets; postage rate'' for 
``sale of current numbers and bound sets'' in item 910.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 901. Congressional Record: arrangement, style, contents, 
        and indexes
        
    The Joint Committee on Printing shall control the arrangement and 
style of the Congressional Record, and while providing that it shall be 
substantially a verbatim report of proceedings, shall take all needed 
action for the reduction of unnecessary bulk. It shall provide for the 
publication of an index of the Congressional Record semimonthly during 
and at the close of sessions of Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1255.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 181 (Jan. 12, 1895, ch. 23, 
Sec. 13, 28 Stat. 603).


Sec. 902. Congressional Record: Indexes

    The Public Printer shall prepare the semimonthly and the session 
index to the Congressional Record. The Joint Committee on Printing shall 
direct the form and manner of its publication and distribution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1256; Pub. L. 108-102, 
Sec. 1(a), Oct. 29, 2003, 117 Stat. 1198.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 182 (Jan. 12, 1895, ch. 23, 
Sec. 14, 28 Stat. 603; June 20, 1936, ch. 630, title II, Sec. 2, 49 
Stat. 1546).


                               Amendments

    2003--Pub. L. 108-102 amended section catchline and text generally. 
Prior to amendment, text read as follows: ``The Joint Committee on 
Printing shall designate to the Public Printer competent persons to 
prepare the semimonthly and the session index to the Congressional 
Record and shall fix the compensation to be paid by the Public Printer 
for that work, and direct the form and manner of its publication and 
distribution.''


                    Effective Date of 2003 Amendment

    Pub. L. 108-102, Sec. 2, Oct. 29, 2003, 117 Stat. 1198, provided 
that: ``This Act [amending this section and enacting provisions set out 
as a note under this section] and the amendments made by this Act shall 
apply with respect to pay periods beginning on or after October 1, 2003 
(or, if later, the first day of the first month which begins after the 
date of the enactment of this Act [Oct. 29, 2003]).''


                  Transition Rule for Current Employees

    Pub. L. 108-102, Sec. 1(b), Oct. 29, 2003, 117 Stat. 1198, provided 
that:
    ``(1) In general.--Any individual who is an employee of the 
Congressional Record Index Office as of the effective date of this Act 
[see Effective Date of 2003 Amendment note above] shall be transferred 
to the Government Printing Office, subject to the provisions of this 
title [probably means Title 44, United States Code] governing the 
selection and appointment of employees of the Government Printing Office 
and any applicable regulations.
    ``(2) Treatment of accrued leave.--Any annual and sick leave accrued 
by such an individual prior to such date shall be transferred and made 
available to the individual as an employee of the Government Printing 
Office, subject to applicable regulations of the Government Printing 
Office governing the use of such leave.''


Sec. 903. Congressional Record: daily and permanent forms

    The public proceedings of each House of Congress as reported by the 
Official Reporters, shall be printed in the Congressional Record, which 
shall be issued in daily form during each session and shall be revised, 
printed, and bound promptly, as directed by the Joint Committee on 
Printing, in permanent form, for distribution during and after the close 
of each session of Congress. The daily and the permanent Record shall 
bear the same date, which shall be that of the actual day's proceedings 
reported. The ``usual number'' of the Congressional Record may not be 
printed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1256.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 182a (Jan. 12, 1895, ch. 23, 
Sec. 14, as added June 20, 1936, ch. 630, title II, Sec. 2, 49 Stat. 
1546).


Sec. 904. Congressional Record: maps; diagrams; illustrations

    Maps, diagrams, or illustrations may not be inserted in the Record 
without the approval of the Joint Committee on Printing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1256.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 182b (Jan. 12, 1895, ch. 23, 
Sec. 14, as added June 20, 1936, ch. 630, title II, Sec. 2, 49 Stat. 
1546).


Sec. 905. Congressional Record: additional insertions

    The Joint Committee on Printing shall provide for printing in the 
daily Record the legislative program for the day together with a list of 
congressional committee meetings and hearings, and the place of meeting 
and subject matter. It shall cause a brief resume of congressional 
activities for the previous day to be incorporated in the Record, 
together with an index of its contents prepared under the supervision of 
the Secretary of the Senate and the Clerk of the House of 
Representatives, respectively.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1256.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 182c (Aug. 2, 1946, ch. 753, 
title II, Sec. 221, 60 Stat. 837).


Sec. 906. Congressional Record: gratuitous copies; delivery

    The Public Printer shall furnish the Congressional Record only as 
follows:
    of the bound edition--
        to the Senate Service Department five copies for the Vice 
    President and each Senator;
        to the Secretary and Sergeant at Arms of the Senate, each, two 
    copies;
        to the Joint Committee on Printing not to exceed one hundred 
    copies;
        to the House of Representatives Publications Distribution 
    Service, three copies for each Representative and Resident 
    Commissioner in Congress; and
        to the Clerk and the Sergeant at Arms of the House of 
    Representatives, each, two copies;

    of the daily edition--
        to the Vice President, one hundred copies;
        to each Senator, fifty copies (which may be transferred only to 
    public agencies and institutions);
        to the Secretary and Sergeant at Arms of the Senate, each, 
    twenty-five copies;
        to the Secretary, for official use, not to exceed thirty-five 
    copies; and
        to the Sergeant at Arms for use on the floor of the Senate, not 
    to exceed fifty copies;
        to each Member of the House of Representatives, the Resident 
    Commissioner from Puerto Rico, the Delegate from the District of 
    Columbia, the Delegate from Guam, and the Delegate from the Virgin 
    Islands, thirty-four copies (which may be transferred only to public 
    agencies and institutions);
        to the Clerk and the Sergeant at Arms of the House of 
    Representatives, each, twenty-five copies;
        to the Clerk, for official use, not to exceed fifty copies, and 
    to the Clerk for use on the floor of the House of Representatives, 
    not to exceed seventy-five copies;
        to the Vice President and each Senator, Representative, and 
    Resident Commissioner in Congress (and not transferable) three 
    copies of which one shall be delivered at his residence, one at his 
    office, and one at the Capitol.

    In addition to the foregoing the Congressional Record shall also be 
furnished as follows:
    In unstitched form, and held in reserve by the Public Printer, as 
many copies of the daily Record as may be required to supply a 
semimonthly edition, bound in paper cover together with each semimonthly 
index when it is issued, and then be delivered promptly as follows:
        to each committee and commission of Congress, one daily and one 
    semimonthly copy;
        to each joint committee and joint commission in Congress, as may 
    be designated by the Joint Committee on Printing, two copies of the 
    daily, one semimonthly copy, and one bound copy;
        to the Secretary and the Sergeant at Arms of the Senate, for 
    office use, each, six semimonthly copies;
        to the Clerk and the Sergeant at Arms of the House, for office 
    use, each, six semimonthly copies;
        to the Joint Committee on Printing, ten semimonthly copies;
        to the Vice President and each Senator, Representative, and 
    Resident Commissioner in Congress, one semimonthly copy;
        to the President of the United States, for the use of the 
    Executive Office, ten copies of the daily, two semimonthly copies, 
    and one bound copy;
        to the Chief Justice of the United States and each of the 
    Associate Justices of the Supreme Court of the United States, one 
    copy of the daily;
        to the offices of the marshal and clerk of the Supreme Court of 
    the United States, each, two copies of the daily and one semimonthly 
    copy;
        to each United States circuit and district judge, and to the 
    chief judge and each associate judge of the United States Court of 
    Federal Claims, the United States Court of International Trade, the 
    Tax Court of the United States, the United States Court of Appeals 
    for Veterans Claims, and the United States Court of Appeals for the 
    Armed Forces, upon request to a member of Congress and notification 
    by the Member to the Public Printer, one copy of the daily, in 
    addition to those authorized to be furnished to Members of Congress 
    under the preceding provisions of this section;
        to the offices of the Vice President and the Speaker of the 
    House of Representatives, each, six copies of the daily and one 
    semimonthly copy;
        to the Sergeant at Arms, the Chaplain, the Postmaster, the 
    superintendent and the foreman of the Senate Service Department and 
    of the House of Representatives Publications Distribution Service, 
    respectively; and to the Secretaries to the Majority and the 
    Minority of the Senate, each, one copy of the daily;
        to the office of the Parliamentarian of the House of 
    Representatives, six copies of the daily, one semimonthly copy, and 
    two bound copies;
        to the offices of the Official Reporters of Debates of the 
    Senate and House of Representatives, respectively, each, fifteen 
    copies of the daily, one semimonthly copy, and three bound copies;
        to the office of the stenographers to committees of the House of 
    Representatives, four copies of the daily and one semimonthly copy;
        to the office of the Congressional Record Index, ten copies of 
    the daily and two semimonthly copies;
        to the offices of the superintendent of the Senate and House 
    document rooms, each, three copies of the daily, one semimonthly 
    copy, and one bound copy;
        to the offices of the superintendents of the Senate and House 
    press galleries, each, two copies of the daily, one semimonthly 
    copy, and one bound copy;
        to the offices of the Legislative Counsel of the Senate and 
    House of Representatives, respectively, and the Architect of the 
    Capitol, each, three copies of the daily, one semimonthly copy, and 
    one bound copy;
        to the Library of Congress for official use in Washington, 
    District of Columbia, and for international exchange, as provided by 
    sections 1718 and 1719 of this title, not to exceed one hundred and 
    forty-five copies of the daily, five semimonthly copies, and one 
    hundred and fifty bound copies;
        to the library of the Senate, three copies of the daily, two 
    semimonthly copies, and not to exceed fifteen bound copies;
        to the library of the House of Representatives, five copies of 
    the daily, two semimonthly copies, and not to exceed twenty-eight 
    bound copies, of which eight copies may be bound in the style and 
    manner approved by the Joint Committee on Printing;
        to the library of the Supreme Court of the United States, two 
    copies of the daily, two semimonthly copies, and not to exceed five 
    bound copies;
        to the library of each United States Court of Appeals, each 
    United States District Court, the United States Court of Federal 
    Claims, the United States Court of International Trade, the Tax 
    Court of the United States, the United States Court of Appeals for 
    Veterans Claims, and the United States Court of Appeals for the 
    Armed Forces, upon request to the Public Printer, one copy of the 
    daily, one semimonthly copy, and one bound copy;
        to the Public Printer for official use, not to exceed seventy-
    five copies of the daily, ten semimonthly copies, and two bound 
    copies;
        to the Director of the Botanic Garden, two copies of the daily 
    and one semimonthly copy;
        to the Archivist of the United States, five copies of the daily, 
    two semimonthly copies, and two bound copies;
        to the library of each executive department, independent office, 
    and establishment of the Government in the District of Columbia, 
    except those designated as depository libraries, and to the 
    libraries of the municipal government of the District of Columbia, 
    the Naval Observatory, and the Smithsonian Institution, each, two 
    copies of the daily, one semimonthly copy, and one bound copy;
        to the offices of the Governors of Puerto Rico, Guam and the 
    Virgin Islands, each, five copies in both daily and bound form;
        to the office of the Governor of the Canal Zone, five copies in 
    both daily and bound form;
        to each ex-President and ex-Vice President of the United States, 
    one copy of the daily;
        to each former Senator, Representative, and Commissioner from 
    Puerto Rico, upon request to the Public Printer, one copy of the 
    daily;
        to the Governor of each State, one copy in both daily and bound 
    form;
        to each separate establishment of the Armed Forces Retirement 
    Home, to each of the National Homes for Disabled Volunteer Soldiers, 
    and to each of the State soldiers' homes, one copy of the daily;
        to the Superintendent of Documents, as many daily and bound 
    copies as may be required for distribution to depository libraries;
        to the Department of State, not to exceed one hundred and fifty 
    copies of the daily, for distribution to each United States embassy 
    and legation abroad, and to the principal consular offices in the 
    discretion of the Secretary of State;
        to each foreign legation in Washington whose government extends 
    a like courtesy to our embassies and legations abroad, one copy of 
    the daily, to be furnished upon requisition of and sent through the 
    Secretary of State;
        to each newspaper correspondent whose name appears in the 
    Congressional Directory, and who makes application, for his personal 
    use and that of the papers he represents, one copy of the daily and 
    one copy of the bound, the same to be sent to the office address of 
    the member of the press or elsewhere as he directs; not to exceed 
    four copies in all may be furnished to members of the same press 
    bureau.

    Copies of the daily edition, unless otherwise directed by the Joint 
Committee on Printing, shall be supplied and delivered promptly on the 
day after the actual day's proceedings as originally published. Each 
order for the daily Record shall begin with the current issue, if 
previous issues of the same session are not available. The apportionment 
specified for daily copies may not be transferred for the bound form and 
an allotment of daily copies not used by a Member during a session shall 
lapse when the session ends.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1256; Pub. L. 91-276, June 12, 
1970, 84 Stat. 303; Pub. L. 92-373, Aug. 10, 1972, 86 Stat. 528; Pub. L. 
93-314, Sec. 1(b), June 8, 1974, 88 Stat. 239; Pub. L. 95-94, title IV, 
Sec. 407(a), Aug. 5, 1977, 91 Stat. 683; Pub. L. 96-417, title VI, 
Sec. 601(11), Oct. 10, 1980, 94 Stat. 1744; Pub. L. 97-164, title I, 
Sec. 164(2), Apr. 2, 1982, 96 Stat. 50; Pub. L. 101-510, div. A, title 
XV, Sec. 1533(c)(3), Nov. 5, 1990, 104 Stat. 1736; Pub. L. 102-82, 
Sec. 6, Aug. 6, 1991, 105 Stat. 377; Pub. L. 102-572, title IX, 
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-337, div. A, 
title IX, Sec. 924(d)(1)(D), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-
186, title II, Sec. 223(7), Aug. 20, 1996, 110 Stat. 1751; Pub. L. 105-
368, title V, Sec. 512(b)(1)(C), Nov. 11, 1998, 112 Stat. 3342.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 183 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 617; June 11, 1896, ch. 420, Sec. 1, 29 Stat. 454; 
Mar. 19, 1896, No. 31, 29 Stat. 468; Feb. 17, 1897, No. 12, 29 Stat. 
700; Mar. 26, 1900, No. 15, 31 Stat. 713; Mar. 2, 1901, No. 16, 
Sec. Sec. 1, 2, 31 Stat. 1464; Jan. 30, 1903, ch. 338, 32 Stat. 786; 
Mar. 1, 1907, ch. 2284, Sec. 4, 34 Stat. 1014; Mar. 4, 1909, ch. 317, 35 
Stat. 1067; Mar. 4, 1909, No. 25, 35 Stat. 1169; Mar. 3, 1925, ch. 421, 
Sec. 7, 43 Stat. 1106; June 20, 1936, ch. 630, title II, Sec. 3, 49 
Stat. 1547; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 
June 30, 1949, ch. 288, title I, Sec. 104(a), 63 Stat. 381; Sept. 26, 
1950, ch. 1049, Sec. 2(b), 64 Stat. 1038; July 2, 1954, ch. 455, title 
I, Sec. 101, 68 Stat. 397; Aug. 1, 1956, ch. 852, Sec. 20, 70 Stat. 911; 
June 25, 1959, Pub. L. 86-70, Sec. 33, 73 Stat. 149; July 12, 1960, Pub. 
L. 86-624, Sec. 32, 74 Stat. 421; Mar. 21, 1961, Pub. L. 87-2, 75 Stat. 
5; July 11, 1961, Pub. L. 87-85, 75 Stat. 202).
    ``House of Representatives Publications Distribution Service'' is 
substituted for ``House Folding Room'' because of the change of name 
under authority of Public Law 88-652.

                       References in Text

    Provisions respecting National Homes for Disabled Volunteer 
Soldiers, referred to in text, were formerly classified to chapter 3 
(section 71 et seq.) of Title 24, Hospitals and Asylums, and were 
repealed by Pub. L. 85-857, Sec. 14, Sept. 2, 1958, 72 Stat. 1268-1272, 
and Pub. L. 85-56, title XXII, Sec. 2202, June 17, 1957, 71 Stat. 162, 
164, 166.


                               Amendments

    1998--Pub. L. 105-368 substituted ``Court of Appeals for Veterans 
Claims'' for ``Court of Veterans Appeals'' in two places.
    1996--Pub. L. 104-186 substituted ``to the Clerk and the Sergeant at 
Arms'' for ``to the Clerk, Sergeant at Arms, and Doorkeeper'' in three 
places, ``to the Clerk for use on the floor'' for ``to the Doorkeeper 
for use on the floor'', and ``and to the Secretaries to the Majority and 
the Minority of the Senate'' for ``to the Secretaries to the Majority 
and the Minority of the Senate, and to the Doorkeeper of the House of 
Representatives''.
    1994--Pub. L. 103-337 substituted ``Court of Appeals for the Armed 
Forces'' for ``Court of Military Appeals'' in two places.
    1992--Pub. L. 102-572 substituted ``United States Court of Federal 
Claims'' for ``United States Claims Court'' in two places.
    1991--Pub. L. 102-82 inserted ``the United States Court of Veterans 
Appeals,'' after ``the Tax Court of the United States,'' in two places.
    1990--Pub. L. 101-510 substituted ``each separate establishment of 
the Armed Forces Retirement Home,'' for ``the United States Soldiers' 
Home and''.
    1982--Pub. L. 97-164 substituted ``the United States Claims Court'' 
for ``the United States Court of Claims, the United States Court of 
Customs and Patent Appeals'' in two places.
    1980--Pub. L. 96-417 redesignated the United States Customs Court as 
the United States Court of International Trade.
    1977--Pub. L. 95-94 substituted ``to the Vice President, one hundred 
copies; to each Senator, fifty copies (which may be transferred only to 
public agencies and institutions);'' for ``to the Vice President and 
each Senator, one hundred copies:'' and ``to each Member of the House of 
Representatives, the Resident Commissioner from Puerto Rico, the 
Delegate from the District of Columbia, the Delegate from Guam, and the 
Delegate from the Virgin Islands, thirty-four copies (which may be 
transferred only to public agencies and institutions);'' for ``to each 
Representative and Resident Commissioner in Congress, sixty-eight 
copies''.
    1974--Pub. L. 93-314 struck out subscriptions from section 
catchline, and struck out last paragraph which authorized the Public 
Printer to furnish the daily Record to subscribers at a price determined 
by him to be based upon the cost of printing and distribution, with the 
price to be payable in advance. See section 910 of this title.
    1972--Pub. L. 92-373 provided for the furnishing of one copy of the 
daily, one semimonthly copy of the Congressional Record to the United 
States Court of Appeals library and certain other libraries.
    1970--Pub. L. 91-276 substituted provision authorizing the Public 
Printer to furnish the daily Congressional Record to subscribers at a 
price based upon cost of printing and distribution for prior 
subscription price of $1.50 per month.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-368 effective on first day of first month 
beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. 
L. 105-368, set out as a note under section 7251 of Title 38, Veterans' 
Benefits.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-510 effective one year after Nov. 5, 1990, 
see section 1541 of Pub. L. 101-510, formerly set out as an Effective 
Date note under section 401 of Title 24, Hospitals and Asylums.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable 
with respect to civil actions pending on or commenced on or after such 
date, see section 701(a) of Pub. L. 96-417, as amended, set out as a 
note under section 251 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1977 Amendment

    Section 407(b) of Pub. L. 95-94 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on October 
1, 1977.''

                    Abolition of Office of Postmaster

    Office of Postmaster of House of Representatives abolished by 
section 2 of House Resolution No. 423, One Hundred Second Congress, Apr. 
9, 1992.


 Limitation on Bound and Biweekly Copies to Senators and Representatives

    Pub. L. 95-391, title I, Sept. 30, 1978, 92 Stat. 783, provided 
that: ``Hereafter, notwithstanding any other provision of law, 
appropriations for the automatic distribution to Senators and 
Representatives (including Delegates to Congress and the Resident 
Commissioner from Puerto Rico) of the bound and biweekly Congressional 
Records shall not be available with respect to any Senator or 
Representative unless such Senator or Representative specifically, in 
writing, requests that he or she receive copies of such Records.''


 Limitation on Copies of Bound Permanent Edition for Vice President and 
             Members of Senate and House of Representatives

    Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 546, provided that: 
``Hereafter, appropriations for authorized printing and binding for 
Congress shall not be available under the authority of the Act of 
October 22, 1968 (44 U.S.C. 906) for the printing, publication, and 
distribution of more than one copy of the bound permanent editions of 
the Congressional Record for the Vice President and each Member of the 
Senate and House of Representatives.''


Sec. 907. Congressional Record: extracts for Members of 
        Congress; mailing envelopes
        
    The Public Printer may print and deliver, upon the order of a Member 
of Congress and payment of the cost, extracts from the Congressional 
Record. The Public Printer may furnish without cost to Members and the 
Resident Commissioner, envelopes, ready for mailing the Congressional 
Record or any part of it, or speeches, or reports in it, if such part, 
speeches, or reports are mailable as franked mail under section 3210 of 
title 39. Envelopes so furnished shall contain in the upper left-hand 
corner the following words: ``United States Senate'' or ``House of 
Representatives, U.S. Part of Congressional Record.'', and in the upper 
right-hand corner the letters ``U.S.S.'' or ``M.C.'', and the Public 
Printer may, at the request of a Member or Resident Commissioner, print 
in addition to the foregoing, his name and State or Commonwealth, the 
date, and the topic or subject matter, not exceeding twelve words. He 
may not print any other words on envelopes, except at the personal 
expense of the Member or Resident Commissioner ordering the envelopes, 
except to affix the official title of a document. The Public Printer 
shall deposit moneys accruing under this section in the Treasury of the 
United States to the credit of the appropriation made for the working 
capital of the Government Printing Office for the year in which the work 
is done, and accounted for in his annual report to Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1259; Pub. L. 93-191, 
Sec. 8(b), Dec. 18, 1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(c), Mar. 
27, 1974, 88 Stat. 52.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 185 (Jan. 12, 1895, ch. 23, 
Sec. 37, 28 Stat. 606; Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 961; Jan. 
30, 1904, ch. 39, 33 Stat. 9; Mar. 4, 1925, ch. 549, 43 Stat. 1300).


                               Amendments

    1974--Pub. L. 93-255 struck out ``Postage paid by Congress'' after 
``Part of Congressional Record.''.
    1973--Pub. L. 93-191 inserted at end of second sentence ``, if such 
part, speeches, or reports are mailable as franked mail under section 
3210 of title 39'' and substituted in third sentence ``Postage paid by 
Congress'' for ``Free''.


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section 14, 
of Pub. L. 93-191, set out as a note under section 3210 of Title 39, 
Postal Service.


                     Archivist of the United States

    References to Archivist of the United States deemed to refer to 
Archivist appointed under section 2103 of this title with respect to 
functions transferred by Pub. L. 98-497 or an amendment made by Pub. L. 
98-497 and exercised after Apr. 1, 1985, see sections 106 and 108 of 
Pub. L. 98-497, set out as notes under section 2102 of this title.


Sec. 908. Congressional Record: payment for printing extracts or 
        other documents
        
    If a Member or Resident Commissioner fails to pay the cost of 
printing extracts from the Congressional Record or other documents 
ordered by him to be printed, the Public Printer shall certify the 
amount due to the Chief Administrative Officer of the House of 
Representatives or the financial clerk of the Senate, as the case may 
be, who shall deduct from any salary due the delinquent the amount, or 
as much of it as the salary due may cover, and pay the amount so 
obtained to the Public Printer, to be applied by him to the satisfaction 
of the indebtedness.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1260; Pub. L. 104-186, title 
II, Sec. 223(8), Aug. 20, 1996, 110 Stat. 1752.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 163 (Mar. 4, 1911, ch. 285, 
Sec. 1, 36 Stat. 1446).


                               Amendments

    1996--Pub. L. 104-186 substituted ``Chief Administrative Officer of 
the House of Representatives'' for ``Sergeant at Arms of the House''.


Sec. 909. Congressional Record: exchange for Parliamentary 
        Hansard
        
    The Librarian of Congress may furnish a copy of the daily and bound 
Congressional Record to the Undersecretary of State for External Affairs 
of Canada in exchange for a copy of the Parliamentary Hansard, and the 
Public Printer shall honor the requisition of the Librarian of Congress 
for it. The Parliamentary Hansard so received shall be the property of 
the Department of State.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1260.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 187 (Apr. 10, 1912, No. 14, 37 
Stat. 632).


Sec. 910. Congressional Record: subscriptions; sale of current, 
        individual numbers, and bound sets; postage rate
        
    (a) Under the direction of the Joint Committee, the Public Printer 
may sell--
        (1) subscriptions to the daily Record; and
        (2) current, individual numbers, and bound sets of the 
    Congressional Record.

    (b) The price of a subscription to the daily Record and of current, 
individual numbers, and bound sets shall be determined by the Public 
Printer based upon the cost of printing and distribution. Any such price 
shall be paid in advance. The money from any such sale shall be paid 
into the Treasury and accounted for in the Public Printer's annual 
report to Congress.
    (c) The Congressional Record shall be entitled to be mailed at the 
same rates of postage at which any newspaper or other periodical 
publication, with a legitimate list of paid subscribers, is entitled to 
be mailed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1260; Pub. L. 93-314, 
Sec. 1(a), June 8, 1974, 88 Stat. 239.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 188 (Jan. 12, 1895, ch. 23, 
Sec. 40, 28 Stat. 607).


                               Amendments

    1974--Pub. L. 93-314 included subscriptions and postage rate in 
section catchline, and inserted provisions in text authorizing sale of 
subscriptions, requiring price for subscriptions to be paid in advance, 
and directing that the Congressional Record shall be entitled to be 
mailed at the same rates of postage at which any newspaper or other 
periodical publication, with a legitimate list of paid subscribers, is 
entitled to be mailed.


        CHAPTER 11--EXECUTIVE AND JUDICIARY PRINTING AND BINDING

Sec.
1101.         Printing and binding for the President.
1102.         Printing to be authorized by law and necessary to the 
                  public business, not in excess of appropriation, and 
                  on special requisition filed with the Public Printer.
1103.         Certificate of necessity; estimate of cost.
1104.         Restrictions on use of illustrations.
1105.         Form and style of work for departments.
1106.         Inserting ``compliments'' forbidden.
1107.         Appropriations chargeable for printing and binding of 
                  documents or reports.
1108.         Presidential approval required for printing of 
                  periodicals; number printed; sale to public.
1109.         Printing documents in two or more editions; full number 
                  and allotment of full quota.
1110.         Daily examination of Congressional Record for immediate 
                  ordering of documents for official use; limit; bills 
                  and resolutions.
1111.         Annual reports: time for furnishing manuscript and proofs 
                  to Public Printer.
1112.         Annual reports: type for reports of executive officers.
1113.         Annual reports: exclusion of irrelevant matter.
1114.         Annual reports: number of copies for Congress.
1115.         Annual reports: time of delivery by Public Printer to 
                  Congress.
1116.         Annual reports: limitation on number of copies printed; 
                  reports of bureau chiefs.
1117.         Annual reports: discontinuance of printing of annual or 
                  special reports to keep within appropriations.
1118.         Documents beyond scope of ordinary departmental business.
1119.         Government publications as public property.
1120.         Blanks and letterheads for judges and officers of courts.
1121.         Paper and envelopes for Government agencies in the 
                  District of Columbia.
1122.         Supplies for Government establishments.
1123.         Binding materials; bookbinding for libraries.


                               Amendments

    1984--Pub. L. 98-216, Sec. 3(d)(1), Feb. 14, 1984, 98 Stat. 6, 
substituted ``Presidential'' for ``Bureau of Budget'' in item 1108.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 1101. Printing and binding for the President

    The Public Printer shall execute such printing and binding for the 
President as he may order and make requisition for.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 211 (Jan. 12, 1895, ch. 23, 
Sec. 88, 28 Stat. 622).

                          Codification

    Section constitutes part of section 88 of act Jan. 12, 1895. 
Remainder of section is classified to section 1713 of this title.


Sec. 1102. Printing to be authorized by law and necessary to the 
        public business, not in excess of appropriation, and on special 
        requisition filed with the Public Printer
        
    (a) A head of an executive department, or of an independent agency 
or establishment of the Government may not cause to be printed, and the 
Public Printer may not print, a document or matter unless it is 
authorized by law and necessary to the public business.
    (b) Printing may not be done for an executive department, 
independent agency or establishment in a fiscal year in excess of the 
amount of the appropriation.
    (c) Printing may not be done without a special requisition signed by 
the chief of the department, independent agency or establishment and 
filed with the Public Printer.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 213, 219 (Jan. 12, 1895, 
ch. 23, Sec. 89, 94, 28 Stat. 622).
    This section incorporates the first paragraph of former section 213 
and the first clause of former section 219. The balance of former 
section 213 will be found in sections 1116, 1302, 1308, 1309, 1310, 1336 
of the revision; that of former section 219 in section 1113 of the 
revision.


Sec. 1103. Certificate of necessity; estimate of cost

    When a department, the Supreme Court, or the Library of Congress 
requires printing or binding to be done, it shall certify that it is 
necessary for the public service. The Public Printer shall then furnish 
an estimate of cost by principal items, after which requisitions may be 
made upon him for the printing or binding by the head of the department, 
the Clerk of the Supreme Court, or the Librarian of Congress, 
respectively. The Public Printer shall place the cost to the debit of 
the department in its annual appropriation for printing and binding.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261; Pub. L. 97-164, title I, 
Sec. 159, Apr. 2, 1982, 96 Stat. 48.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 117 (Jan. 12, 1895, ch. 23, 
Sec. 93, 28 Stat. 623; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; 
May 24, 1949, ch. 139, sec. 127, 63 Stat. 107).


                               Amendments

    1982--Pub. L. 97-164 struck out the Court of Claims from the 
enumeration of entities for which printing or binding may be done for 
the public service and struck out the chief judge of the Court of Claims 
from the enumeration of officials who make requisitions upon the Public 
Printer for printing or binding.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


Sec. 1104. Restrictions on use of illustrations

    Appropriations made for printing and binding may not be used for an 
illustration, engraving, or photograph in a document or report ordered 
printed by Congress unless the order to print expressly authorizes it, 
nor in a document or report of an executive department, independent 
office or establishment of the Government until the head of the 
executive department or Government establishment certifies in a letter 
transmitting the report that the illustration, engraving, or photograph 
is necessary and relates entirely to the transaction of public business.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 118 (Mar. 3, 1905, ch. 1483, 
Sec. 1, 33 Stat. 1213).
    The term ``executive department, independent office, or 
establishment of the Government'' is substituted for ``executive 
department or other Government establishment'' for uniformity.


Sec. 1105. Form and style of work for departments

    The Public Printer shall determine the form and style in which the 
printing or binding ordered by a department is executed, and the 
material and the size of type used, having proper regard to economy, 
workmanship, and the purposes for which the work is needed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 216 (Jan. 12, 1895, ch. 23, 
Sec. 51, 28 Stat. 608).


Sec. 1106. Inserting ``compliments'' forbidden

    A report, document, or publication distributed by or from an 
executive department or independent agency or establishment of the 
Government may not contain a notice that it is sent with ``the 
compliments'' of an officer of the Government, or with a special notice 
that it is so sent, except that notice that it has been sent, with a 
request for an acknowledgment of its receipt, may be given.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 218 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 620).


Sec. 1107. Appropriations chargeable for printing and binding of 
        documents or reports
        
    The cost of printing and binding of documents or reports emanating 
from executive departments, independent agencies or establishments of 
the Government which, before March 30, 1906, was charged to 
appropriations for congressional printing and binding or to 
appropriations other than to executive departments, independent agencies 
or establishments, shall be charged as follows:
        (1) the cost of illustrations, composition, stereotyping, and 
    other work involved in the actual preparation for printing, apart 
    from the creation of the manuscript, to the appropriation for 
    printing and binding of the agency in which the document or report 
    originates.
        (2) the balance of cost, to congressional printing and binding 
    appropriations or to appropriations for printing and binding of the 
    executive departments, independent agencies or establishments in 
    proportion to the number of copies delivered to each.
        (3) the cost of copies distributed other than through Congress 
    or executive agencies or independent offices, as otherwise provided.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1261.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 214 (Mar. 30, 1906, No. 13, 34 
Stat. 825).
    A proviso in the 1906 resolution, requiring annual estimates of 
probable costs for departmental printing is omitted as obsolete.


Sec. 1108. Presidential approval required for printing of 
        periodicals; number printed; sale to public
        
    The head of an executive department, independent agency or 
establishment of the Government, with the approval of the President, may 
use from the appropriations available for printing and binding such sums 
as are necessary for the printing of journals, magazines, periodicals, 
and similar publications he certifies in writing to be necessary in the 
transaction of the public business required by law of the department, 
office, or establishment. There may be printed, in addition to those 
necessary for the public business, not to exceed two thousand copies for 
free distribution by the issuing department, office, or establishment. 
The Public Printer, subject to regulation by the Joint Committee on 
Printing, shall print additional copies required for sale to the public 
by the Superintendent of Documents; but the printing of these additional 
copies may not interfere with the prompt execution of printing for the 
Government.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1262; Pub. L. 98-216, 
Sec. 3(d)(2), (3), Feb. 14, 1984, 98 Stat. 6.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 220 (May 11, 1922, ch. 189, 
Sec. 1, 42 Stat. 541; June 30, 1932, ch. 314, Sec. 307, 47 Stat. 409).


                               Amendments

    1984--Pub. L. 98-216 substituted ``Presidential'' for ``Bureau of 
Budget'' in section catchline and substituted ``President'' for 
``Director of the Bureau of the Budget'' in text.

                         Delegation of Functions

    Authority of President under this section to approve use, from 
appropriations available for printing and binding, of such sums as are 
necessary for printing of journals, magazines, periodicals, and similar 
publications delegated to Director of Office of Management and Budget, 
see section 9(7) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, 
set out as a note under section 301 of Title 3, The President.


Sec. 1109. Printing documents in two or more editions; full 
        number and allotment of full quota
        
    The number of copies of a public document or report authorized to be 
printed for an executive department, independent agency, or 
establishment of the Government may be supplied in two or more editions, 
instead of one, upon a requisition on the Public Printer by the head of 
the department or independent office, but the aggregate of the editions 
may not exceed the number of copies otherwise authorized. This section 
does not preclude the printing of the full number of a document or 
report, or the allotment of the full quota to Senators and 
Representatives, as otherwise authorized, when a legitimate demand for 
the full complement is known to exist.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1262.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 224 (Mar. 30, 1906, No. 14, 34 
Stat. 826).


Sec. 1110. Daily examination of Congressional Record for 
        immediate ordering of documents for official use; limit; bills 
        and resolutions
        
    The heads of executive departments, independent agencies and 
establishments, respectively, shall cause daily examination of the 
Congressional Record for the purpose of noting documents, reports, and 
other publications of interest to their departments, and shall cause an 
immediate order to be sent to the Public Printer for the number of 
copies of the publications required for official use, not to exceed, 
however, the number of bureaus in the department and divisions in the 
office of the head. The Public Printer shall send to each executive 
department, independent agency and establishment, as soon as printed, 
five copies of public bills and resolutions, except to the State 
Department, to which he shall send ten copies of bills and resolutions. 
When the head of a department, independent agency or establishment 
desires a greater number of a class of bills or resolutions for official 
use, the Public Printer shall furnish them on requisition promptly made.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1262.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 215 (Jan. 12, 1895, ch. 23, 
Sec. 90, 28 Stat. 623; June 20, 1936, ch. 630, title IX, Sec. 14, 49 
Stat. 1553).


Sec. 1111. Annual reports: time for furnishing manuscript and 
        proofs to Public Printer
        
    The appropriations made for printing and binding may not be used for 
an annual report or the accompanying documents unless the manuscript and 
proof is furnished to the Public Printer in the following manner:
        manuscript of the documents accompanying annual reports on or 
    before February 1, each year;
        manuscript of the annual report on or before February 15, each 
    year;
        complete revised proofs of the accompanying documents on March 
    1, each year, and of the annual reports on March 10, each year.

    Annual reports and accompanying documents shall be printed, made 
public, and available for distribution not later than within the first 
five days after the assembling of each regular session of Congress.
    This section does not apply to the annual reports of the Smithsonian 
Institution, the Comptroller of the Currency, or the Secretary of the 
Treasury.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1263; Pub. L. 94-273, Sec. 28, 
Apr. 21, 1976, 90 Stat. 380; Pub. L. 106-113, div. B, Sec. 1000(a)(9) 
[title IV, Sec. 4732(b)(22)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Supp. II, Sec. 121 (July 1, 1916, 
ch. 209, Sec. 3, 39 Stat. 336; June 20, 1936, ch. 630, Sec. 8, 49 Stat. 
1550).


                               Amendments

    1999--Pub. L. 106-113 struck out ``the Commissioner of Patents,'' 
after ``Smithsonian Institution,'' in last par.
    1976--Pub. L. 94-273 substituted ``February'' for ``November'' and 
``March'' for ``December'' wherever appearing.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of Title 35, Patents.


Sec. 1112. Annual reports: type for reports of executive 
        officers
        
    The annual reports of executive officers shall be printed in the 
same type and form as the report of the head of the department which it 
accompanies, unless otherwise ordered by the Joint Committee on 
Printing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1263.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 222 (Jan. 12, 1895, ch. 23, 
Sec. 91, 28 Stat. 623).


Sec. 1113. Annual reports: exclusion of irrelevant matter

    Executive officers, before transmitting their annual reports, shall 
carefully examine them and all accompanying documents, and exclude all 
matter, including engravings, maps, drawings, and illustrations, except 
such as they certify in their letters transmitting the reports are 
necessary and relate entirely to the transaction of the public business.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1263.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 219 (part) (Jan. 12, 1895, ch. 
23, Sec. 94, 28 Stat. 623).
    This section incorporates only the second clause of former section 
219. The balance will be found in section 1102 of the revision.


Sec. 1114. Annual reports: number of copies for Congress

    One thousand copies of the annual reports of the departments to 
Congress shall be printed for the Senate, and two thousand for the House 
of Representatives.
    The usual number only of the reports of the Chief of Engineers of 
the Army, the Commissioner of Internal Revenue, the report of the Chief 
Signal Officer of the Department of the Army, and the Chief of Ordnance 
shall be printed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1263; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(23)], Nov. 29, 1999, 113 Stat. 
1536, 1501A-585.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 212 (part) (Jan. 12, 1895, ch. 
23, Sec. 73, 28 Stat. 615).
    This section incorporates only the second sentence of former section 
212. The balance will be found in section 1115 of this revision.


                               Amendments

    1999--Pub. L. 106-113 struck out ``the Commissioner of Patents,'' 
after ``Engineers of the Army,'' in second par.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of Title 35, Patents.

                          Abolition of Offices

    Positions of Chief Signal Officer and Chief of Ordinance of Army 
Department abolished, see note set out under section 3036 of Title 10, 
Armed Forces.


Sec. 1115. Annual reports: time of delivery by Public Printer to 
        Congress
        
    The annual reports of the Executive Departments and the accompanying 
documents shall be delivered by the Public Printer to the proper officer 
of each House of Congress at its first meeting. Other reports of the 
Executive Departments shall be so delivered on or before the third 
Wednesday next after the meeting of Congress or as soon after as may be 
practicable.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1263.)


                      Historical and Revision Notes

    Based on 44 U.S. Code 1964 ed., Sec. 212 (part) (R.S. 3810).
    This section incorporates only the first sentence of former section 
212. The balance will be found in section 1114 of this revision.


Sec. 1116. Annual reports: limitation on number of copies 
        printed; reports of bureau chiefs
        
    Not to exceed five thousand copies, bound in pamphlet form, of the 
annual reports without appendices of a head of a department may be 
printed in a fiscal year. Not to exceed two thousand five hundred 
copies, bound in pamphlet form, of the reports without appendices of a 
chief of bureau may be printed in a fiscal year.
    A head of department shall direct whether reports made to him by a 
bureau chief and chief of division may be printed or not.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1263.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213 (part) (Jan. 12, 1895, ch. 
23, Sec. 89, 28 Stat. 622).
    This section incorporates only the first sentence of the second 
paragraph of former section 213 and the last paragraph of that section. 
The balance will be found in sections 1102, 1302, 1308, 1309, 1310, 1336 
of the revision.


Sec. 1117. Annual reports: discontinuance of printing of annual 
        or special reports to keep within appropriations
        
    In order to keep expenditures for printing and binding within 
appropriations, heads of executive departments, independent offices and 
establishments of the Government may discontinue the printing of annual 
or special reports under their respective jurisdictions. When the 
printing of reports is discontinued the original copy shall be kept on 
file in the office of the heads of the respective departments, 
independent offices or establishments for public inspection.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213a (Aug. 1, 1953, ch. 304, 
title I, Sec. 103, 67 Stat. 332).
    The term ``executive departments, independent offices, and 
establishments of the Government'' is substituted for ``executive 
departments, independent agencies, and establishments'' for uniformity.


Sec. 1118. Documents beyond scope of ordinary departmental 
        business
        
    A book or document not having to do with the ordinary business 
transactions of the executive departments may not be printed on the 
requisition of a department unless expressly authorized by Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 219a (Mar. 3, 1905, ch. 1484, 
Sec. 1, 33 Stat. 1249).


Sec. 1119. Government publications as public property

    Government publications of a permanent nature furnished by authority 
of law to officers other than Members of Congress of the United States 
Government, for their official use, shall be stamped ``Property of the 
United States Government,'' and shall be preserved by them and delivered 
to their successors in office as a part of the property of the office.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 92 (part) (Jan. 12, 1895, ch. 
23, Sec. 74, 28 Stat. 620; June 20, 1936, ch. 630, title VII, Sec. 11, 
49 Stat. 1552; Aug. 9, 1962, Pub. L. 87-679, Sec. 8, 76 Stat. 355).
    This section incorporates only the first sentence of former section 
92. The balance will be found in section 1911 of the revision.


Sec. 1120. Blanks and letterheads for judges and officers of 
        courts
        
    Blanks and letterheads for use by judges and other officials of the 
United States courts, other than those required to be paid for by any of 
these officers out of the emoluments of their offices, shall be printed 
at the Government Printing Office upon forms prescribed by the 
Department of Justice, and shall be distributed by it upon requisition.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 119 (Jan. 12, 1895, ch. 23, 
Sec. 97, 28 Stat. 624).


Sec. 1121. Paper and envelopes for Government agencies in the 
        District of Columbia
        
    The Public Printer may procure, under direction of the Joint 
Committee on Printing, as provided by sections 509-516 of this title, 
and furnish on requisition, paper and envelopes (not including envelopes 
printed in the course of manufacture) in common use by two or more 
departments, establishments, or services of the Government in the 
District of Columbia, and reimbursement shall be made to the Public 
Printer from appropriations or funds available for the purpose. Paper 
and envelopes so furnished by the Public Printer may not be procured in 
any other manner.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 225 (June 7, 1924, ch. 303, 
Sec. 1, 43 Stat. 592).


Sec. 1122. Supplies for Government establishments

    The Public Printer may procure and supply, on the requisition of the 
head of an executive department, independent office or establishment of 
the Government, complete manifold blanks, books, and forms required in 
duplicating processes, and complete patented devices with which to file 
money-order statements, or other uniform official papers, and charge 
them to the allotment for printing and binding of the department or 
Government establishment requiring them.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 227 (June 28, 1902, ch. 1301, 
Sec. 1, 32 Stat. 481).
    The term ``executive department, independent office, or 
establishment of the government'' is substituted for ``executive 
department or other government establishment'' for uniformity.


Sec. 1123. Binding materials; bookbinding for libraries

    Binding for the departments of the Government shall be done in plain 
sheep or cloth, except that record and account books may be bound in 
Russia leather, sheep fleshers, and skivers, when authorized by the head 
of a department. The libraries of the several departments, the Library 
of Congress, the libraries of the Surgeon General's Office, and the 
Naval Observatory may have books for the exclusive use of these 
libraries bound in half Turkey, or material no more expensive.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1264; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(24)], Nov. 29, 1999, 113 Stat. 
1536, 1501A-585.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 116 (Jan. 12, 1895, ch. 23, 
Sec. 86, 28 Stat. 622).
    This section incorporates all but the first sentence of former 
section 116. The balance will be found in section 501 of the revision.


                               Amendments

    1999--Pub. L. 106-113 struck out ``the Patent Office,'' after ``the 
Surgeon General's Office,''.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of Title 35, Patents.


              CHAPTER 13--PARTICULAR REPORTS AND DOCUMENTS

Sec.
1301.         Agriculture, Department of: report of Secretary.
1302.         Agriculture, Department of: monthly crop report and other 
                  publications.
1303.         American Historical Association: report.
1304.         Army and Navy registers.
1305.         Attorney General: opinions.
1306.         Civil Service Commission: report.
1307.         National Oceanic and Atmospheric Administration: nautical 
                  products, sale and distribution.
1308.         Coast Guard: annual report of the Commandant.
1309.         Coast Guard: notices to mariners and other special 
                  publications.
1310.         Commerce Department: navigation and weather information.
[1311.        Repealed.]
1312.         Director of Public Health of District of Columbia: report.
1313.         Education, Commissioner of: report.
1314.         Ephemeris and Nautical Almanac.
1315.         Fish and Wildlife Service: bulletins.
1316.         Fish and Wildlife Service: report of the Director.
1317.         Foreign Relations.
1318.         Geological Survey: classes and sizes of publications; 
                  report of mineral resources; number of copies; 
                  reprints; distribution.
1319.         Geological Survey: specific appropriations required for 
                  monographs and bulletins.
1320.         Geological Survey: distribution of publications to public 
                  libraries.
1320A.        Historical societies' publications.
1321.         Hydrographic Surveys; foreign surveys.
1322.         Immigration and Naturalization Service: report.
1323.         Interstate Commerce Commission: report.
1324.         Labor Statistics, Bureau of: bulletins.
1325.         Labor Statistics, Bureau of: report of Commissioner.
1326.         Librarian of Congress: reports.
1327.         Mines, Bureau of: publications.
1328.         Merchant vessels of the United States.
1329.         Mint: reports of Director.
1330.         Monthly Summary Statement of Imports and Exports.
1331.         National Academy of Sciences: report.
1332.         National encampments of Veterans' organizations; 
                  proceedings printed annually for Congress.
1333.         National high school and college debate topics.
1334.         Naval Intelligence Office: additional copies of 
                  publications.
1335.         Naval Observatory Observations.
1336.         National Geospatial-Intelligence Agency: special 
                  publications.
[1337, 
1338. 
Repealed.]
1339.         Printing of the President's message.\1\
  
---------------------------------------------------------------------------
    \1\ So in original. Does not conform to section catchline.
---------------------------------------------------------------------------
1340.         Public Printer: annual report.
1341.         Smithsonian Institution: report.
1342.         Soil area surveys: reports; congressional allotments.\2\
  
---------------------------------------------------------------------------
    \2\ Section repealed by Pub. L. 104-127 without corresponding 
amendment of chapter analysis.
---------------------------------------------------------------------------
1343.         Statistical Abstract of the United States.
1344.         Treasury Department: reports.


                               Amendments

    2003--Pub. L. 108-136, div. A, title IX, Sec. 921(g), Nov. 24, 2003, 
117 Stat. 1570, substituted ``National Geospatial-Intelligence Agency'' 
for ``National Imagery and Mapping Agency'' in item 1336.
    2000--Pub. L. 106-181, title VI, Sec. 606(d), Apr. 5, 2000, 114 
Stat. 154, struck out ``and aeronautical'' after ``nautical'' in item 
1307.
    1999--Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(25)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585, struck out 
items 1337 ``Patent Office: publications authorized to be printed'' and 
1338 ``Patent Office: limitations and conditions concerning printing and 
lithographing''.
    1996--Pub. L. 104-316, title I, Sec. 123(b)(2), Oct. 19, 1996, 110 
Stat. 3839, struck out item 1311 ``Comptroller General: decisions''.
    Pub. L. 104-201, div. A, title XI, Sec. 1123(b)(2), Sept. 23, 1996, 
110 Stat. 2688, substituted ``National Imagery and Mapping Agency'' for 
``Naval Oceanographic Office'' in item 1336.
    1986--Pub. L. 99-272, title VI, Sec. 6011(b), Apr. 7, 1986, 100 
Stat. 122, substituted ``National Oceanic and Atmospheric 
Administration: nautical and aeronautical products, sale and 
distribution'' for ``Environmental Science Service Administration: 
charts; sale and distribution'' in item 1307.
    1980--Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167, 
added item 1320A.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 1301. Agriculture, Department of: report of Secretary

    The annual report of the Secretary of Agriculture shall be submitted 
and printed in two parts, as follows:
        part 1, containing purely business and executive matter 
    necessary for the Secretary to submit to the President and Congress;
        part 2, reports from the different bureaus and divisions, and 
    papers prepared by their special agents, accompanied by suitable 
    illustrations as are, in the opinion of the Secretary, specially 
    suited to interest and instruct the farmers of the country, and to 
    include a general report of the operations of the department for 
    their information.

    In addition to the usual number, there shall be printed of part 1, 
one thousand copies for the Senate, two thousand copies for the House of 
Representatives, and three thousand copies for the Department of 
Agriculture; and of part 2, one hundred and ten thousand copies for the 
use of the Senate, three hundred and sixty thousand copies for the use 
of the House of Representatives, and thirty thousand copies for the use 
of the Department of Agriculture, the illustrations for part 2 to be 
subject to the approval of the Secretary of Agriculture, and executed 
under the supervision of the Public Printer, in accordance with 
directions of the Joint Committee on Printing, and the title of each of 
the parts shall show that each part is complete in itself.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1265.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 241 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 612).


  Unavailability of Department Funds To Produce Part 2 of Annual Report

    Funds available to Department of Agriculture not to be used to 
produce part 2 of annual report of Secretary (known as the Yearbook of 
Agriculture), see title I of Pub. L. 103-111, 107 Stat. 1048, set out as 
a note under section 2207 of Title 7, Agriculture.


Sec. 1302. Agriculture, Department of: monthly crop report and 
        other publications
        
    The Secretary of Agriculture may cause to be printed the number of 
copies of the monthly crop report, and of other reports and bulletins of 
not more than one hundred octavo pages, he considers necessary.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1266.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213 (part) (Jan. 12, 1895, ch. 
23, Sec. 89, 28 Stat. 622).
    This section incorporates only the first clause of the second 
sentence of the second paragraph of former section 213. The balance of 
section 213 will be found in sections 1102, 1116, 1308, 1309, 1310, 
1336.


Sec. 1303. American Historical Association: report

    In addition to the usual number of the report of the American 
Historical Association, five thousand five hundred copies shall be 
printed: one thousand for the Senate, two thousand for the House of 
Representatives, one thousand five hundred for distribution by the 
Association and the Smithsonian Institution, and one thousand copies for 
the use of the Association.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1266.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 243 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616; May 25, 1900, No. 27, 31 Stat. 717).


Sec. 1304. Army and Navy registers

    In addition to the usual number of the registers of the Army and 
Navy, fifteen hundred copies of each shall be printed: five hundred for 
the Senate, and one thousand for the House of Representatives.

(Pub. L. 90-620, Oct. 22, 1968, Sec. 82 Stat. 1266.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 245 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616).


Sec. 1305. Attorney General: opinions

    The Public Printer shall from time to time print an edition of one 
thousand copies of the opinions of the Attorney General, which shall be, 
as to size, quality of paper, printing, and binding, of uniform style 
and appearance, as nearly as practicable, with volume 8 of opinions, 
published in the year 1868. Each volume shall contain proper headnotes, 
a complete and full index, and such footnotes as the Attorney General 
approves. The volumes shall be distributed in the manner the Attorney 
General prescribes.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1266.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 296a (R.S. Sec. 383).


Sec. 1306. Civil Service Commission: report

    In addition to the usual number of the report of the Civil Service 
Commission twenty-three thousand copies shall be printed: one thousand 
for the Senate, two thousand for the House of Representatives, and 
twenty thousand for distribution by the Civil Service Commission.\1\
---------------------------------------------------------------------------
    \1\ See Transfer of Functions note below.
---------------------------------------------------------------------------

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1266.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 248 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614).

                          Transfer of Functions

    All functions vested by statute in the United States Civil Service 
Commission were transferred to the Director of the Office of Personnel 
Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, 
Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of 
Title 5, Government Organization and Employees, effective Jan. 1, 1979, 
as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 
F.R. 1055, set out under section 1101 of Title 5.


Sec. 1307. National Oceanic and Atmospheric Administration: 
        nautical products, sale and distribution
        
    (a)(1) All nautical products created or published by the National 
Oceanic and Atmospheric Administration shall be sold at such prices as 
the Secretary of Commerce shall establish annually, in accordance with 
the provisions of this subsection. The Secretary shall publish annually 
the prices at which nautical products are sold to the public.
    (2)(A) Subject to subparagraph (B) of this paragraph, the prices of 
nautical products may be increased over a period of not less than three 
years after the date of enactment of this section so as to recover all 
costs attributable to data base management, compilation, printing, and 
distribution of such products. The prices of such products may be 
maintained to recover all such costs thereafter.
    (B) The Secretary, after consultation with the Secretary of 
Transportation, shall adjust the prices of nautical products in such 
manner as is necessary to avoid any adverse impact on marine safety 
attributable to the prices specified in subparagraph (A) of this 
paragraph.
    (3) This section shall not be construed to require the establishment 
of any price for a nautical product where, in the judgment of the 
Secretary, furnishing of that product to a recipient is a reasonable 
exchange for voluntary contribution of information by the recipient to a 
program of the National Oceanic and Atmospheric Administration.
    (4) Prices established under this section may not include costs 
attributable to the acquisition or processing of nautical data.
    (b) Fees collected from the sale of nautical products under this 
section and from any licensing of such products which is permitted under 
any other provision of law shall be deposited in the miscellaneous 
receipts fund of the United States Treasury.
    (c) The Secretary may distribute nautical products--
        (1) without charge to each foreign government or international 
    organization with which the Secretary or a Federal department or 
    agency has an agreement for exchange of these products without cost; 
    and
        (2) at prices which the Secretary establishes, to the 
    departments and officers of the United States requiring them for 
    official use.

    (d) The fees provided for in this section are for the purpose of 
reimbursing the United States Government for the costs of creating, 
publishing or distributing nautical products of the National Oceanic and 
Atmospheric Administration. The collection of fees authorized by this 
section shall not alter or expand any duty or liability of the United 
States under existing law for the performance of functions for which 
fees are collected, nor shall the collection of fees constitute an 
express or implied undertaking by the United States to perform any 
activity in a certain manner.
    (e) For purposes of this section, the term ``nautical products'' 
includes all nautical charts, tide and tidal current tables, tidal 
current charts, coast pilots, water level products, and associated data 
bases which are created or published by the National Oceanic and 
Atmospheric Administration.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1266; Pub. L. 99-272, title VI, 
Sec. 6011(a), Apr. 7, 1986, 100 Stat. 121; Pub. L. 105-362, title II, 
Sec. 201(a), Nov. 10, 1998, 112 Stat. 3282; Pub. L. 106-181, title VI, 
Sec. 606(a)-(c), Apr. 5, 2000, 114 Stat. 154.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 246 (Jan. 12, 1895, ch. 23, 
Sec. 76, 28 Stat. 620; Feb. 14, 1903, ch. 552, Sec. Sec. 4, 10, 32 Stat. 
826, 829; July 1, 1916 ch. 209, Sec. 1, 39 Stat. 320; June 5, 1920, ch. 
235, Sec. 1, 41 Stat. 929; Oct. 31, 1951, ch. 654, Sec. 3(11), 65 Stat. 
708; July 9, 1956, ch. 528, 70 Stat. 512; Aug. 14, 1964, Pub. L. 88-441, 
78 Stat. 446).
    The reference to the Environmental Science Service Administration is 
inserted on the authority of Reorganization Plan No. 2 of 1965.

                       References in Text

    The date of enactment of this section, referred to in subsec. 
(a)(2)(A), probably means the date of enactment of Pub. L. 99-272, which 
was approved Apr. 7, 1986.


                               Amendments

    2000--Pub. L. 106-181, Sec. 606(a)(1), struck out ``and 
aeronautical'' after ``nautical'' in section catchline.
    Subsec. (a)(1), (2)(A). Pub. L. 106-181, Sec. 606(a)(2), struck out 
``and aeronautical'' after ``nautical'' wherever appearing.
    Subsec. (a)(2)(B). Pub. L. 106-181, Sec. 606(a)(2), (b), struck out 
``or aeronautical'' after ``nautical'' and ``aviation and'' after 
``impact on''.
    Subsec. (a)(3), (4). Pub. L. 106-181, Sec. 606(a)(2), struck out 
``or aeronautical'' after ``nautical''.
    Subsec. (b). Pub. L. 106-181, Sec. 606(a)(2), struck out ``or 
aeronautical'' after ``nautical''.
    Subsec. (c). Pub. L. 106-181, Sec. 606(a)(2), struck out ``and 
aeronautical'' after ``nautical'' in introductory provisions.
    Subsec. (d). Pub. L. 106-181, Sec. 606(c), struck out ``aeronautical 
and'' after ``publishing or distributing''.
    Subsec. (e). Pub. L. 106-181, Sec. 606(a)(2), struck out ``and 
aeronautical'' after ``nautical'' in two places.
    1998--Subsec. (a)(2)(A). Pub. L. 105-362 struck out at end ``At the 
end of such period and every three years thereafter, the Secretary, 
after consultation with the Secretary of Transportation, shall report to 
the Congress on the effect of imposing or maintaining such increased 
prices, including any impact on aviation and marine safety.''
    1986--Subsec. (a). Pub. L. 99-272 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``The charts published 
by the Environmental Science Service Administration shall be sold at 
cost of paper and printing as nearly as practicable. The price to the 
public shall include all expenses incurred in actual reproduction of the 
charts after the original cartography, such as photography, opaquing, 
platemaking, press time and bindery operations; the full postage rates, 
according to the rates for postal services used; and any additional cost 
factors considered appropriate by the Secretary such as overhead and 
administrative expenses allocable to the production of the charts and 
related reference materials. The costs of basic surveys and geodetic 
work done may not be included in the price of the charts and reference 
materials. The Secretary of Commerce shall publish the prices at which 
charts and reference materials are sold to the public at least once each 
calendar year.''
    Subsec. (b). Pub. L. 99-272 amended subsec. (b) generally. Prior to 
amendment, subsec. (b) read as follows: ``There may not be free 
distribution of charts except to the departments and officers of the 
United States requiring them for public use; and a number of copies of 
each sheet, not to exceed three hundred, to be presented to such foreign 
governments, libraries, and scientific associations, and institutions of 
learning as the Secretary of Commerce directs; but on the order of 
Senators and Representatives not to exceed one hundred copies to each 
may be distributed through the Environmental Science Service 
Administration.''
    Subsecs. (c) to (e). Pub. L. 99-272 added subsecs. (c) to (e).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-181 applicable only to fiscal years 
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set 
out as a note under section 106 of Title 49, Transportation.

                          Transfer of Functions

    Functions of Secretary and other officers of Department of Commerce 
under this section that relate to the Office of Aeronautical Charting 
and Cartography to provide aeronautical charts and related products and 
services for safe and efficient navigation of air commerce transferred 
to Administrator of Federal Aviation Administration effective Oct. 1, 
2000, see section 44721(c)(3) of Title 49, Transportation.


  Sale of Aeronautical Charts: Disposition of Receipts Resulting From 
                             Price Increase

    Pub. L. 103-317, title II, Aug. 26, 1994, 108 Stat. 1741, provided 
in part: ``That hereafter all receipts received from the sale of 
aeronautical charts that result from an increase in the price of 
individual charts above the level in effect for such charts on September 
30, 1993, shall be deposited in this account [National Oceanic and 
Atmospheric Administration and operations, research, and facilities] as 
an offsetting collection and shall be available for obligation.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 103-121, title II, Oct. 27, 1993, 107 Stat. 1170.


            Price Freeze on Charts and Other Products of NOAA

    Pub. L. 102-567, title IV, Sec. 405, Oct. 29, 1992, 106 Stat. 4292, 
provided that: ``Notwithstanding section 1307 of title 44, United States 
Code, the price of nautical charts or other nautical products produced 
or published by the National Oceanic and Atmospheric Administration and 
sold after the date of the enactment of this Act [Oct. 29, 1992] shall 
not exceed the price of that type of chart or product on the date of 
enactment of this Act adjusted for inflation. This section shall not 
apply after September 30, 1994.''


Sec. 1308. Coast Guard: annual report of the Commandant

    The Secretary of the department in which the Coast Guard is 
operating may authorize the printing of the annual report of the 
Commandant of the Coast Guard in such editions as the interests of the 
Government and of the public require.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267; Pub. L. 109-241, title 
IX, Sec. 902(d), July 11, 2006, 120 Stat. 567.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213 (Jan. 12, 1895, ch. 23, 
Sec. 89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 Stat. 466; Feb. 14, 
1903, ch. 552, Sec. Sec. 4, 10, 32 Stat. 826, 829; Mar. 3, 1925, ch. 
421, Sec. 4, 43 Stat. 1106; 1939 Reorg. Plan No. II, Sec. 2(a), eff. 
July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Aug. 4, 1949, ch. 393, 
Sec. Sec. 1, 20, 63 Stat. 496, 561; Oct. 15, 1966, Pub. L. 89-670, 80 
Stat. 931).
    This section incorporates only so much of the third sentence of the 
second paragraph of former section 213 as relates to the annual report 
of the Commandant of the Coast Guard. The balance will be found in 
sections 1102, 1116, 1302, 1309, 1310, 1336 of the revision.


                               Amendments

    2006--Pub. L. 109-241 substituted ``Secretary of the department in 
which the Coast Guard is operating'' for ``Secretary of the Department 
of Transportation''.

                          Transfer of Functions

    For transfer of authorities, functions, personnel, and assets of the 
Coast Guard, including the authorities and functions of the Secretary of 
Transportation relating thereto, to the Department of Homeland Security, 
and for treatment of related references, see sections 468(b), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.


Sec. 1309. Coast Guard: notices to mariners and other special 
        publications
        
    The Secretary of the department in which the Coast Guard is 
operating may authorize the printing of notices to mariners and other 
special publications of the Coast Guard in such editions as the 
interests of the Government and of the public require.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267; Pub. L. 109-241, title 
IX, Sec. 902(d), July 11, 2006, 120 Stat. 567.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213 (part) (Jan. 12, 1895, ch. 
23, Sec. 89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 Stat. 466; Feb. 14, 
1903, ch. 552, Sec. Sec. 4, 10, 32 Stat. 826, 829; Mar. 3, 1925, ch. 
421, Sec. 4, 43 Stat. 1106; 1939 Reorg. Plan No. II, Sec. 2(a), eff. 
July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Aug. 4, 1949, ch. 393, 
Sec. Sec. 1, 20, 63 Stat. 496, 561; Oct. 15, 1966, Pub. L. 89-670, 80 
Stat. 931).
    This section incorporates applicable parts of the third sentence of 
the second paragraph of former section 213. The balance will be found in 
sections 1102, 1116, 1302, 1308, 1310, 1336 of the revision.


                               Amendments

    2006--Pub. L. 109-241 substituted ``Secretary of the department in 
which the Coast Guard is operating'' for ``Secretary of the Department 
of Transportation''.

                          Transfer of Functions

    For transfer of authorities, functions, personnel, and assets of the 
Coast Guard, including the authorities and functions of the Secretary of 
Transportation relating thereto, to the Department of Homeland Security, 
and for treatment of related references, see sections 468(b), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.


Sec. 1310. Commerce Department: navigation and weather 
        information
        
    The Secretary of Commerce may cause to be printed the number of 
copies of tide tables, coast pilots, and other special publications 
relating to the Coast and Geodetic Survey, Weather Bureau maps, charts, 
bulletins of not more than one hundred octavo pages, and minor reports 
of the Weather Bureau, he considers for the best interest of the 
Government.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213 (part) (Jan. 12, 1895, ch. 
23, Sec. 89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 Stat. 466; Mar. 3, 
1925, ch. 421, Sec. 4, 43 Stat. 1106; 1940 Reorg. Plan No. IV, Sec. 8, 
eff. June 30, 1940, 54 Stat. 1234; Reorg. Plan No. 2 of 1965, eff. July 
13, 1965, 30 F.R. 8819, 79 Stat. 1318).
    This section incorporates only parts of former section 213 relating 
to Coast and Geodetic Survey and Weather Bureau. The balance will be 
found in sections 1102, 1116, 1302, 1308, 1309, 1336 of the revision.

                         Change of Name

    Weather Bureau of Department of Commerce consolidated with Coast and 
Geodetic Survey to form a new agency in Department of Commerce to be 
known as Environmental Science Services Administration and office of 
Chief of Weather Bureau abolished by Reorg. Plan No. 2 of 1965, eff. 
July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to 
Title 5, Government Organization and Employees. Functions of Bureau and 
Chief of Bureau transferred to Secretary of Commerce by the Plan.
    Environmental Science Services Administration abolished by Reorg. 
Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set 
out in the Appendix to Title 5, Government Organization and Employees, 
which created National Oceanic and Atmospheric Administration in 
Department of Commerce. By Department Organization Order 25-5A, 
republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his 
functions relating to Weather Bureau. By order of Acting Associate 
Administrator of NOAA, organization name of Weather Bureau changed to 
National Weather Service. By order of Acting Associate Administrator of 
NOAA, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey 
redesignated National Ocean Survey. For further details, see 
Codification note set out under section 311 of Title 15, Commerce and 
Trade.


[Sec. 1311. Repealed. Pub. L. 104-316, title I, Sec. 123(b)(1), 
        Oct. 19, 1996, 110 Stat. 3839]
        
    Section, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267, related to 
printing and distribution of decisions and opinions of Comptroller 
General.


Sec. 1312. Director of Public Health of District of Columbia: 
        report
        
    In addition to the usual number of the report of the Director of 
Public Health of the District of Columbia, one thousand five hundred 
copies shall be printed: one hundred for the Senate, three hundred and 
sixty for the House of Representatives, and one thousand and forty for 
the Director of Public Health.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 263 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614; Aug. 1, 1950, ch. 513, Sec. 1, 64 Stat. 393).


Sec. 1313. Education, Commissioner of: report

    In addition to the usual number of the report of the Commissioner of 
Education, thirty-five thousand copies shall be printed: five thousand 
for the Senate, ten thousand for the House of Representatives, and 
twenty thousand for distribution by the Commissioner of Education.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 253 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614).

                          Transfer of Functions

    Functions of Commissioner of Education transferred to Secretary of 
Education pursuant to section 3441(a)(1) of Title 20, Education.


Sec. 1314. Ephemeris and Nautical Almanac

    The ``usual number'' of copies of the American Ephemeris and 
Nautical Almanac may not be printed. Instead, there shall be printed and 
bound two thousand five hundred copies, uniform with the editions 
printed for the Department of the Navy, five hundred of which shall be 
for the use of the Senate, one thousand for the use of the House of 
Representatives, and one thousand for distribution or sale by the 
Department of the Navy. The Secretary of the Navy may cause to be 
published of the papers supplementary to the Ephemeris and Nautical 
Almanac, one thousand five hundred copies in addition to the usual 
number, one hundred copies for the Senate, four hundred for the House of 
Representatives, and one thousand for distribution or sale by the 
Department of the Navy. The Secretary of the Navy may cause additional 
copies of the Nautical Almanacs extracted from the Ephemeris, to be 
printed for the public service and for sale to navigators and others. 
Moneys received from sales of the Ephemeris and of the Nautical Almanacs 
shall be deposited in the Treasury and placed to the credit of the 
general fund for public printing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1267.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 254 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 613; May 13, 1902, No. 20, 32 Stat. 740; July 1, 1902, 
ch. 1368, 32 Stat. 678).


Sec. 1315. Fish and Wildlife Service: bulletins

    In addition to the usual number of the bulletins of the Fish and 
Wildlife Service, five thousand copies shall be printed: one thousand 
for the Senate, two thousand for the House of Representatives, and two 
thousand for distribution by the Service.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1268.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 258 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 
1940, 5 F.R. 2108, 54 Stat. 1232).

                          Transfer of Functions

    Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, 
Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by 
United States Fish and Wildlife Service established by act Aug. 8, 1956, 
ch. 1036, Sec. 3, 70 Stat. 1119. See section 742b of Title 16, 
Conservation.


Sec. 1316. Fish and Wildlife Service: report of the Director

    In addition to the usual number of the report of the Director of the 
Fish and Wildlife Service, eight thousand copies shall be printed: two 
thousand for the Senate, four thousand for the House of Representatives, 
and two thousand for distribution by the Service.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1268.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 259 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 
1940, 5 F.R. 2108, 54 Stat. 1232).

                          Transfer of Functions

    Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, 
Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by 
United States Fish and Wildlife Service established by act Aug. 8, 1956, 
ch. 1036, Sec. 3, 70 Stat. 1119. See section 742b of Title 16, 
Conservation.


Sec. 1317. Foreign Relations

    In addition to the usual number of Foreign Relations, three thousand 
copies of each shall be printed: one thousand for the Senate and two 
thousand for the House of Representatives.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1268.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 250 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 613).


Publication of ``Foreign Relations of the United States'' at Continuing 
                     High Standard of Documentation

    Pub. L. 95-426, title I, Sec. 120, Oct. 7, 1978, 92 Stat. 970, 
provided that:
    ``(a) The Congress finds that the Department of State publication 
`Foreign Relations of the United States' plays an important role in 
making the documentary record of United States foreign relations 
available to the Congress and the American public.
    ``(b) The Secretary of State shall therefore insure that publication 
of the `Foreign Relations of the United States' volumes is continued in 
such a manner as will maintain the high standard of comprehensive 
documentation already established by past volumes.''


                     Written Requests for Documents

    Pub. L. 94-59, title VIII, July 25, 1975, 89 Stat. 296, provided 
that: ``Hereafter, notwithstanding any other provisions of law, 
appropriations for the automatic distribution to Senators and 
Representatives (including Delegates to Congress and the Resident 
Commissioner from Puerto Rico) of copies of the Foreign Relations of the 
United States, the United States Treaties and Other International 
Agreements, the District of Columbia Code and Supplements, and more than 
one bound set of the United States Code and Supplements shall not be 
available with respect to any Senator or Representative unless such 
Senator or Representative specifically, in writing, requests that he 
receive copies of such documents.''


Sec. 1318. Geological Survey: classes and sizes of publications; 
        report of mineral resources; number of copies; reprints; 
        distribution
        
    The publications of the Geological Survey shall consist of the 
annual report of the Director, which shall be confined to one volume of 
royal octavo size; monographs, of quarto size; professional papers, of 
quarto size; bulletins, of ordinary octavo size; watersupply and 
irrigation papers, of ordinary octavo size; and maps, folios, and 
atlases required by law.
    In addition to the usual number of the report of the Geological 
Survey, ten thousand copies shall be printed: two thousand for the 
Senate, four thousand for the House of Representatives, four thousand 
for distribution by the Geological Survey.
    The reports of the Geological Survey, except the annual report of 
the Director, shall be published in editions recommended in each case by 
the Director and approved by the Secretary of the Interior, but not to 
exceed ten thousand copies.
    When the edition of a report of the Survey is exhausted, and the 
demand for it continues, there may be published, on the requisition of 
the Secretary of the Interior, as many additional copies of the report 
as the Director of the Survey states will, in his judgment, be necessary 
to meet the demand.
    The report of the mineral resources of the United States shall be 
published in two octavo volumes and as a distinct publication, the 
number of copies, printing of separate chapters, and mode of 
distribution of which shall be the same as of the annual report.
    Three thousand copies of the monographs and bulletins of the 
Geological Survey shall be published.
    The bulletins and professional papers shall be distributed 
gratuitously and of the number published one thousand copies shall be 
delivered to the Senate and two thousand copies to the House of 
Representatives, for distribution.
    The Director of the Geological Survey shall transmit to the Library 
of Congress two copies of every report of the bureau as soon as the 
first delivery to the Survey is made, in addition to those received by 
the Library of Congress under any other law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1268.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 260 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614; Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 960; June 
11, 1896, ch. 420, Sec. 1, 29 Stat. 453; June 4, 1897, ch. 2, Sec. 1, 30 
Stat. 61; Mar. 2, 1901, No. 17, 31 Stat. 1465; May 16, 1902, No. 22, 32 
Stat. 741; Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 988).

                         Change of Name

    Geological Survey redesignated United States Geological Survey by 
provision of title I of Pub. L. 102-154, set out as a note under section 
31 of Title 43, Public Lands.


Sec. 1319. Geological Survey: specific appropriations required 
        for monographs and bulletins
        
    The scientific reports known as the monographs and bulletins of the 
Geological Survey may not be published until specific and detailed 
estimates and specific appropriations based on these estimates are made 
for them. Engravings for the annual reports for monographs and 
bulletins, or of illustrations, sections, and maps, may not be made 
until specific estimates are submitted and specific appropriations made 
based on the estimates.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 261 (Jan. 12, 1895, ch. 23, 
Sec. 79, 28 Stat. 621; June 7, 1924, ch. 303, 43 Stat. 592).

                         Change of Name

    Geological Survey redesignated United States Geological Survey by 
provision of title I of Pub. L. 102-154, set out as a note under section 
31 of Title 43, Public Lands.


Sec. 1320. Geological Survey: distribution of publications to 
        public libraries
        
    The Director of the Geological Survey shall distribute to public 
libraries that have not already received them, copies of sale 
publications on hand at the expiration of five years after date of 
delivery to the Survey document room, excepting a reserve number not to 
exceed two hundred copies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 262 (Mar. 3, 1903, ch. 1007, 
Sec. 1, 32 Stat. 1146).

                         Change of Name

    Geological Survey redesignated United States Geological Survey by 
provision of title I of Pub. L. 102-154, set out as a note under section 
31 of Title 43, Public Lands.


Sec. 1320A. Historical societies' publications

    Notwithstanding any other provision of law, and with the approval of 
the Joint Committee on Printing, the Public Printer shall provide for 
such printing services and distribution with respect to publications of 
the United States Capitol Historical Society, the Supreme Court 
Historical Society, or the White House Historical Association as such 
Society or Association may request: Provided, That such Society or 
Association reimburses the Public Printer for the actual expenses 
incurred by him in providing for such services and distribution.

(Added Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167.)

                          Codification

    Section is based on section 304(a) of H.R. 7593, as passed the House 
of Representatives, July 21, 1980, and incorporated by reference in 
section 101(c) of Pub. L. 96-536, to be effective as if enacted into 
law.


Sec. 1321. Hydrographic Surveys; foreign surveys

    Appropriations made for the preparation or publication of foreign 
hydrographic surveys may be applicable only upon approval by the 
Secretary of the Navy, after a report from three competent naval 
officers that the original data for proposed charts justify their 
publication. The Secretary of the Navy shall order a board of three 
naval officers to examine and report upon the data before he approves an 
application of moneys to the preparation or publication of charts or 
hydrographic surveys.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 265 (R.S. Sec. 3686; Jan. 12, 
1895, ch. 23, Sec. 78, 28 Stat. 621).


Sec. 1322. Immigration and Naturalization Service: report

    The number of copies, not to exceed five thousand, to be printed of 
the annual reports of the Immigration and Naturalization Service of the 
Department of Justice shall be subject to the discretion of the Attorney 
General.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 266 (Mar. 3, 1905, No. 33, 33 
Stat. 1287; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 
6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, Sec. 1, eff. June 
14, 1940, 5 F.R. 2223, 54 Stat. 1238).

  Abolition of Immigration and Naturalization Service and Transfer of 
                                Functions

    For abolition of Immigration and Naturalization Service, transfer of 
functions, and treatment of related references, see note set out under 
section 1551 of Title 8, Aliens and Nationality.


Sec. 1323. Interstate Commerce Commission: report

    In addition to the usual number of the annual report of the 
Interstate Commerce Commission, three thousand copies shall be printed: 
one thousand for the Senate, two thousand for the House, and for the use 
of the Commission that number of the report and other documents incident 
to interstate commerce for distribution by it as it considers expedient.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 269 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614).

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of Title 49. References to Interstate Commerce 
Commission deemed to refer to Surface Transportation Board, a member or 
employee of the Board, or Secretary of Transportation, as appropriate, 
see section 205 of Pub. L. 104-88, set out as a note under section 701 
of Title 49.


Sec. 1324. Labor Statistics, Bureau of: bulletins

    There shall be printed one edition of fifteen thousand copies of 
each issue of the bulletin of the Bureau of Labor Statistics authorized 
by section 5 of Title 29, and extra copies not to exceed twenty thousand 
of any single issue, when in the opinion of the Commissioner of Labor 
Statistics the demand for the bulletin makes an extra edition necessary.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 270 (Mar. 2, 1895, ch. 177, 
Sec. 1, 28 Stat. 805; June 4, 1897, ch. 2, Sec. 1, 30 Stat. 61; June 6, 
1900, ch. 791, Sec. 1, 31 Stat. 644; Mar. 4, 1913, ch. 141, Sec. 3, 37 
Stat. 737).


Sec. 1325. Labor Statistics, Bureau of: report of Commissioner

    In addition to the usual number of the report of the Commissioner of 
Labor Statistics, twenty-five thousand copies shall be printed: five 
thousand for the Senate, ten thousand for the House of Representatives, 
and ten thousand for distribution by the Commissioner.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1269.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 271 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 614; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737).


Sec. 1326. Librarian of Congress: reports

    Five thousand copies of the annual and special reports of the 
Librarian of Congress submitted to Congress, shall be printed and bound 
in cloth for the Library of Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 156 (Feb. 24, 1904, No. 8, 33 
Stat. 583).


Sec. 1327. Mines, Bureau of: publications

    The publications of the Bureau of Mines shall be published in 
editions recommended by the Secretary of the Interior, but not to exceed 
ten thousand copies for the first edition. When the edition of a 
publication of the Bureau of Mines is exhausted and the demand for it 
continues, there may be published, on the requisition of the Secretary 
of the Interior, as many additional copies as the Secretary of the 
Interior considers necessary to meet the demand.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 272 (June 25, 1910, No. 36 
Sec. Sec. 1, 2, 36 Stat. 883; Ex. Ord. No. 6611, Feb. 22, 1934).

                         Change of Name

    Bureau of Mines redesignated United States Bureau of Mines by 
section 10(b) of Pub. L. 102-285, set out as a note under section 1 of 
Title 30, Mineral Lands and Mining. For provisions relating to closure 
and transfer of functions of the United States Bureau of Mines, see note 
set out under section 1 of Title 30.


Sec. 1328. Merchant vessels of the United States

    Five thousand copies of the annual list of merchant vessels of the 
United States may be printed for distribution by the Coast Guard.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 249 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; 
June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415; May 27, 1936, ch. 463, 
Sec. 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, Sec. Sec. 101-104, eff. 
July 16, 1946, 11 F.R. 7875, 60 Stat. 1097).
    The first paragraph of former section 249, act Jan. 12, 1895, ch. 
23, sec. 73, 28 Stat. 616, was omitted as obsolete. Paragraph related to 
report on Commerce and Navigation and on Internal Commerce. These 
reports were discontinued.

                          Transfer of Functions

    For transfer of authorities, functions, personnel, and assets of the 
Coast Guard, including the authorities and functions of the Secretary of 
Transportation relating thereto, to the Department of Homeland Security, 
and for treatment of related references, see sections 468(b), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.


Sec. 1329. Mint: reports of Director

    There may be printed, in the discretion of the Secretary of the 
Treasury, for distribution by the Treasury Department, two thousand 
copies of the annual report of the Director of the Mint on the 
operations of the mint and assay offices with appendices, and of the 
annual report of the Director of the Mint on the production of precious 
metals.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 273 (Mar. 4, 1907, No. 24, 34 
Stat. 1424).


Sec. 1330. Monthly Summary Statement of Imports and Exports

    There shall be printed monthly by the Public Printer thirty-five 
hundred copies of the Monthly Summary Statement of Imports and Exports 
and other statistical information prepared by the Secretary of Commerce, 
five hundred for the Senate, one thousand for the House of 
Representatives, and two thousand for the Department of Commerce.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 298 (Dec. 18, 1895, No. 1, 29 
Stat. 459; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; Aug. 23, 1912, 
ch. 350, Sec. 1, 37 Stat. 407; 1950 Reorg. Plan No. 5, Sec. Sec. 1, 2, 
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263).


Sec. 1331. National Academy of Sciences: report

    In addition to the usual number of the report of the National 
Academy of Sciences, two thousand copies shall be printed: five hundred 
for the Senate, one thousand for the House of Representatives, and five 
hundred for distribution by the National Academy of Sciences.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 275 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616).


Sec. 1332. National encampments of Veterans' organizations; 
        proceedings printed annually for Congress
        
    The proceedings of the national encampments of the Veterans of 
Foreign Wars of the United States, the American Legion, the Military 
Order of the Purple Heart, the Veterans of World War I of the United 
States of America, Incorporated, the Disabled American Veterans, and the 
AMVETS (American Veterans of World War II), respectively, shall be 
printed annually, with accompanying illustrations, as separate House 
documents of the session of the Congress to which they may be submitted.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270; Pub. L. 105-225, Sec. 3, 
Aug. 12, 1998, 112 Stat. 1498.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 275b (Mar. 2, 1931, ch. 378, 
Sec. 1, 46 Stat. 1481; Sept. 18, 1941, ch. 411, 55 Stat. 686; July 15, 
1942, ch. 505, Sec. 1, 56 Stat. 659; Aug. 27, 1963, Pub. L. 88-105, 
Sec. 1, 77 Stat. 130; Dec. 21, 1963, Pub. L. 88-224, 77 Stat. 469).


                               Amendments

    1998--Pub. L. 105-225 struck out ``the United Spanish War 
Veterans,'' before ``the Veterans of Foreign Wars of the United 
States''.


Sec. 1333. National high school and college debate topics

    (a) The Librarian of Congress shall prepare compilations of 
pertinent excerpts, bibliographical references, and other appropriate 
materials relating to:
        (1) the subject selected annually by the National University 
    Extension Association as the national high school debate topic and
        (2) the subject selected annually by the American Speech 
    Association as the national college debate topic.

    In preparing the compilations the Librarian shall include materials 
which in his judgment are representative of, and give equal emphasis to, 
the opposing points of view on the respective topics.
    (b) The compilations on the high school debate topics shall be 
printed as Senate documents and the compilations on the college debate 
topics shall be printed as House of Representatives documents, the cost 
of which shall be charged to the congressional allotment for printing 
and binding. Additional copies may be printed in the quantities and 
distributed in the manner the Joint Committee on Printing directs.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Supp. III, Sec. 170 [Sec. 276a] 
(Dec. 30, 1963, Pub. L. 88-246, Sec. Sec. 1, 2, 77 Stat. 802).


Sec. 1334. Naval Intelligence Office: additional copies of 
        publications
        
    In addition to one thousand copies previously authorized, the 
Secretary of the Navy may print extra copies of the publications of the 
Office of Naval Intelligence necessary for distribution to the naval 
service and to meet other official demands. The edition of any one 
publication may not exceed two thousand copies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1271.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 278 (Mar. 21, 1900, No. 14, 31 
Stat. 713).


Sec. 1335. Naval Observatory Observations

    In addition to the usual number of the Observations of the Naval 
Observatory, one thousand eight hundred copies shall be printed: three 
hundred for the Senate, seven hundred for the House of Representatives, 
and eight hundred for distribution by the Naval Observatory; and of the 
astronomical appendixes to the Observations, one thousand two hundred 
separate copies, and of the meteorological and magnetic observations one 
thousand separate copies, for distribution by the Naval Observatory.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1271.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 279 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 613).


Sec. 1336. National Geospatial-Intelligence Agency: special 
        publications
        
    The Director of the National Geospatial-Intelligence Agency may 
authorize the printing of notices to mariners, light lists, sailing 
directions, bulletins, and other special publications of the National 
Geospatial-Intelligence Agency in editions the interests of the 
Government and of the public may require.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1271; Pub. L. 104-201, div. A, 
title XI, Sec. Sec. 1112(e)(2), 1123(b)(1), Sept. 23, 1996, 110 Stat. 
2684, 2688; Pub. L. 108-136, div. A, title IX, Sec. 921(g), Nov. 24, 
2003, 117 Stat. 1570.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 213 (Jan. 12, 1895, ch. 23, 
Sec. 89, 28 Stat. 622; Mar. 13, 1896, No. 23, 29 Stat. 466; Mar. 3, 
1925, ch. 421, Sec. 4, 43, Stat. 1106; July 10, 1962, Pub. L. 87-533, 
Sec. Sec. 1, 2, 76 Stat. 154).
    This section incorporates only part of the third sentence, second 
paragraph of former section 213. The balance will be found in sections 
1102, 1116, 1302, 1308, 1309, 1310, of the revision.


                               Amendments

    2003--Pub. L. 108-136 substituted ``National Geospatial-Intelligence 
Agency'' for ``National Imagery and Mapping Agency'' in section 
catchline and two places in text.
    1996--Pub. L. 104-201, Sec. 1123(b)(1), substituted ``National 
Imagery and Mapping Agency'' for ``Naval Oceanographic Office'' in 
section catchline.
    Pub. L. 104-201, Sec. 1112(e)(2), substituted ``Director of the 
National Imagery and Mapping Agency'' for ``Secretary of the Navy'' and 
``National Imagery and Mapping Agency'' for ``United States Naval 
Oceanographic Office''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 
1124 of Pub. L. 104-201, set out as a note under section 193 of Title 
10, Armed Forces.


[Sec. Sec. 1337, 1338. Repealed. Pub. L. 106-113, div. B, 
        Sec. 1000(a)(9) [title IV, Sec. 4732(b)(25)], Nov. 29, 1999, 113 
        Stat. 1536, 1501A-585]
        
    Section 1337, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1271, related 
to publications authorized to be printed by the Commissioner of Patents.
    Section 1338, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1272, related 
to limitations and conditions concerning printing and lithographing by 
the Patent Office.


                        Effective Date of Repeal

    Repeal effective 4 months after Nov. 29, 1999, see section 
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an 
Effective Date of 1999 Amendment note under section 1 of Title 35, 
Patents.


Sec. 1339. Printing of the President's Message

    The message of the President without the accompanying documents and 
reports shall be printed in pamphlet form, immediately upon its receipt 
by Congress. In addition to the usual number, fifteen thousand copies 
shall be printed, of which five thousand shall be for the Senate, and 
ten thousand for the House of Representatives.
    In addition to the usual number of the President's message and 
accompanying documents, there shall be printed one thousand copies for 
the Senate and two thousand for the House of Representatives. The 
President's message shall be delivered by the printer to the appropriate 
officers of each House of Congress on or before the third Wednesday next 
after the meeting of Congress, or as soon after as may be practicable.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1272.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 285 (R.S. Sec. 3810; Jan. 12, 
1895, ch. 23, Sec. 73, 28 Stat. 615).


Sec. 1340. Public Printer: annual report

    In addition to the usual number of the annual report of the Public 
Printer, one thousand copies shall be printed to be distributed under 
his direction.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1272.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 288 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 618).


Sec. 1341. Smithsonian Institution: report

    In addition to the usual number of the report of the Smithsonian 
Institution ten thousand copies shall be printed: one thousand for the 
Senate, two thousand for the House of Representatives, five thousand for 
distribution by the Smithsonian Institution, and two thousand for 
distribution by the National Museum.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1272.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 289 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616).


[Sec. 1342. Repealed. Pub. L. 104-127, title IV, Sec. 384, Apr. 
        4, 1996, 110 Stat. 1016]
        
    Section, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1272, related to 
reports and congressional allotments for soil area surveys.


Sec. 1343. Statistical Abstract of the United States

    In addition to the usual number of the Statistical Abstract of the 
United States, twelve thousand copies shall be printed: three thousand 
for the Senate, six thousand for the House of Representatives, and three 
thousand for distribution by the Secretary of Commerce.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1273.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 291 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616; Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat. 407; 
1950 Reorg. Plan No. 5, Sec. Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 
64 Stat. 1263).


Sec. 1344. Treasury Department: reports

    In addition to the usual number of the finance report of the 
Secretary of the Treasury, one thousand copies for the Senate and two 
thousand for the House of Representatives shall be printed in addition 
to those published as part of the departmental report.
    In addition to the usual number of the annual report of the 
Comptroller of the Currency, thirteen thousand copies shall be printed: 
one thousand for the Senate, two thousand for the House of 
Representatives, and ten thousand for distribution by the Comptroller of 
the Currency.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1273.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 295 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 616; Mar. 4, 1907, No. 25, 34 Stat. 1425).


      CHAPTER 15--FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS

Sec.
1501.         Definitions.
1502.         Custody and printing of Federal documents; appointment of 
                  Director.
1503.         Filing documents with Office; notation of time; public 
                  inspection; transmission for printing.
1504.         ``Federal Register''; printing; contents; distribution; 
                  price.
1505.         Documents to be published in Federal Register.
1506.         Administrative Committee of the Federal Register; 
                  establishment and composition; powers and duties.
1507.         Filing document as constructive notice; publication in 
                  Federal Register as presumption of validity; judicial 
                  notice; citation.
1508.         Publication in Federal Register as notice of hearing.
1509.         Costs of publication, etc.
1510.         Code of Federal Regulations.
1511.         International agreements excluded from provisions of 
                  chapter.


                               Amendments

    1977--Pub. L. 95-94, title IV, Sec. 408(a)(2), Aug. 5, 1977, 91 
Stat. 683, substituted ``Costs of publication, etc.'' for ``Cost of 
publication; appropriations authorized; penalty mail privilege'' in item 
1509.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 1501. Definitions

    As used in this chapter, unless the context otherwise requires--
        ``document'' means a Presidential proclamation or Executive 
    order and an order, regulation, rule, certificate, code of fair 
    competition, license, notice, or similar instrument, issued, 
    prescribed, or promulgated by a Federal agency;
        ``Federal agency'' or ``agency'' means the President of the 
    United States, or an executive department, independent board, 
    establishment, bureau, agency, institution, commission, or separate 
    office of the administrative branch of the Government of the United 
    States but not the legislative or judicial branches of the 
    Government;
        ``person'' means an individual, partnership, association, or 
    corporation; and
        ``National Archives of the United States'' has the same meaning 
    as in section 2901(11) of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1273; Pub. L. 98-497, title I, 
Sec. 107(b)(2), Oct. 19, 1984, 98 Stat. 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 304 (July 26, 1935, ch. 417, 
Sec. 4, 49 Stat. 501).


                               Amendments

    1984--Pub. L. 98-497 inserted definition of ``National Archives of 
the United States''.


                    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.


Sec. 1502. Custody and printing of Federal documents; 
        appointment of Director
        
    The Archivist of the United States, acting through the Office of the 
Federal Register, is charged with the custody and, together with the 
Public Printer, with the prompt and uniform printing and distribution of 
the documents required or authorized to be published by section 1505 of 
this title. There shall be at the head of the Office a director, 
appointed by, and who shall act under the general direction of, the 
Archivist of the United States in carrying out this chapter and the 
regulations prescribed under it.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1273; Pub. L. 98-497, title I, 
Sec. 107(b)(3), Oct. 19, 1984, 98 Stat. 2287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 301 (July 26, 1935, ch. 417, 
Sec. 1, 49 Stat. 500; 1939 Reorg. Plan No. II, Sec. 202, eff. July 1, 
1939, 4 F.R. 2732, 53 Stat. 1435; June 30, 1949, ch. 288, title I, 
Sec. 104(a), 63 Stat. 381).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services'' wherever appearing.


                    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.


Sec. 1503. Filing documents with Office; notation of time; 
        public inspection; transmission for printing
        
    The original and two duplicate originals or certified copies of a 
document required or authorized to be published by section 1505 of this 
title shall be filed with the Office of the Federal Register, which 
shall be open for that purpose during all hours of the working days when 
the National Archives Building is open for official business. The 
Archivist of the United States shall cause to be noted on the original 
and duplicate originals or certified copies of each document the day and 
hour of filing. When the original is issued, prescribed, or promulgated 
outside the District of Columbia, and certified copies are filed before 
the filing of the original, the notation shall be of the day and hour of 
filing of the certified copies. Upon filing, at least one copy shall be 
immediately available for public inspection in the Office. The original 
shall be retained by the National Archives and Records Administration 
and shall be available for inspection under regulations prescribed by 
the Archivist, unless such original is disposed of in accordance with 
disposal schedules submitted by the Administrative Committee of the 
Federal Register and authorized by the Archivist pursuant to regulations 
issued under chapter 33 of this title; however, originals of 
proclamations of the President and Executive orders shall be permanently 
retained by the Administration as part of the National Archives of the 
United States. The Office shall transmit immediately to the Government 
Printing Office for printing, as provided by this chapter, one duplicate 
original or certified copy of each document required or authorized to be 
published by section 1505 of this title. Every Federal agency shall 
cause to be transmitted for filing the original and the duplicate 
originals or certified copies of all such documents issued, prescribed, 
or promulgated by the agency.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1274; Pub. L. 95-440, Sec. 2, 
Oct. 10, 1978, 92 Stat. 1063; Pub. L. 98-497, title I, Sec. 107(b)(4), 
Oct. 19, 1984, 98 Stat. 2287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 302 (July 26, 1935, ch. 417, 
Sec. 2, 49 Stat. 500; June 30, 1949, ch. 288, title I, Sec. 104(a), 63 
Stat. 381).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services'', ``National Archives and 
Records Administration'' for ``General Services Administration'', and 
``Archivist'' for ``Administrator'' wherever appearing.
    1978--Pub. L. 95-440 substituted provision for retention of original 
documents by the General Services Administration for prior provision for 
retention in the archives of the National Archives and inserted 
provisions dispensing with such retention when disposals are made in 
accordance with disposal schedules and requiring retention of original 
proclamations of the President and Executive orders as part of the 
National Archives.


                    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.


Sec. 1504. ``Federal Register''; printing; contents; 
        distribution; price
        
    Documents required or authorized to be published by section 1505 of 
this title shall be printed and distributed immediately by the 
Government Printing Office in a serial publication designated the 
``Federal Register.'' The Public Printer shall make available the 
facilities of the Government Printing Office for the prompt printing and 
distribution of the Federal Register in the manner and at the times 
required by this chapter and the regulations prescribed under it. The 
contents of the daily issues shall be indexed and shall comprise all 
documents, required or authorized to be published, filed with the Office 
of the Federal Register up to the time of the day immediately preceding 
the day of distribution fixed by regulations under this chapter. There 
shall be printed with each document a copy of the notation, required to 
be made by section 1503 of this title, of the day and hour when, upon 
filing with the Office, the document was made available for public 
inspection. Distribution shall be made by delivery or by deposit at a 
post office at a time in the morning of the day of distribution fixed by 
regulations prescribed under this chapter. The prices to be charged for 
the Federal Register may be fixed by the Administrative Committee of the 
Federal Register established by section 1506 of this title without 
reference to the restrictions placed upon and fixed for the sale of 
Government publications by sections 1705 and 1708 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1274.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964, ed., Sec. 303 (July 26, 1935, ch. 417, 
Sec. 3, 49 Stat. 500).


Sec. 1505. Documents to be published in Federal Register

    (a) Proclamations and Executive Orders; Documents Having General 
Applicability and Legal Effect; Documents Required To Be Published by 
Congress. There shall be published in the Federal Register--
        (1) Presidential proclamations and Executive orders, except 
    those not having general applicability and legal effect or effective 
    only against Federal agencies or persons in their capacity as 
    officers, agents, or employees thereof;
        (2) documents or classes of documents that the President may 
    determine from time to time have general applicability and legal 
    effect; and
        (3) documents or classes of documents that may be required so to 
    be published by Act of Congress.

    For the purposes of this chapter every document or order which 
prescribes a penalty has general applicability and legal effect.
    (b) Documents Authorized To Be Published by Regulations; Comments 
and News Items Excluded. In addition to the foregoing there shall also 
be published in the Federal Register other documents or classes of 
documents authorized to be published by regulations prescribed under 
this chapter with the approval of the President, but comments or news 
items of any character may not be published in the Federal Register.
    (c) Suspension of Requirements for Filing of Documents; Alternate 
Systems for Promulgating, Filing, or Publishing Documents; Preservation 
of Originals. In the event of an attack or threatened attack upon the 
continental United States and a determination by the President that as a 
result of an attack or threatened attack--
        (1) publication of the Federal Register or filing of documents 
    with the Office of the Federal Register is impracticable, or
        (2) under existing conditions publication in the Federal 
    Register would not serve to give appropriate notice to the public of 
    the contents of documents, the President may, without regard to any 
    other provision of law, suspend all or part of the requirements of 
    law or regulation for filing with the Office or publication in the 
    Federal Register of documents or classes of documents.

    The suspensions shall remain in effect until revoked by the 
President, or by concurrent resolution of the Congress. The President 
shall establish alternate systems for promulgating, filing, or 
publishing documents or classes of documents affected by such 
suspensions, including requirements relating to their effectiveness or 
validity, that may be considered under the then existing circumstances 
practicable to provide public notice of the issuance and of the contents 
of the documents. The alternate systems may, without limitation, provide 
for the use of regional or specialized publications or depositories for 
documents, or of the press, the radio, or similar mediums of general 
communication. Compliance with alternate systems of filing or 
publication shall have the same effect as filing with the Office or 
publication in the Federal Register under this chapter or other law or 
regulation. With respect to documents promulgated under alternate 
systems, each agency shall preserve the original and two duplicate 
originals or two certified copies for filing with the Office when the 
President determines that it is practicable.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1274.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964, ed., Sec. 305 (July 26, 1935, ch. 417, 
Sec. 5, 49 Stat. 501; June 25, 1956, ch. 444, 70 Stat. 337).

                         Delegation of Functions

    For delegation of functions vested in President by section 5(a) of 
Federal Register Act [now subsec. (a) of this section], to Attorney 
General and Archivist of United States, see section 6(a) of Ex. Ord. No. 
10530, May 11, 1954, 19 F.R. 2709, as amended, set out as a note under 
section 301 of Title 3, The President. See, also, section 103(b)(1) of 
Pub. L. 98-497, set out as a note under section 2102 of this title.

 Ex. Ord. No. 11030. Preparation, Presentation, Filing, and Publication 
                  of Executive Orders and Proclamations

    Ex. Ord. No. 11030, June 19, 1962, 27 F.R. 5847, as amended by Ex. 
Ord. 11354, May 23, 1967, 32 F.R. 7695; Ex. Ord. No. 12080, Sept. 18, 
1978, 43 F.R. 42235; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; 
Ex. Ord. No. 13403, Sec. 1, May 12, 2006, 71 F.R. 28543, provided:
    By virtue of the authority vested in me by the Federal Register Act 
(49 Stat. 500, as amended; 44 U.S.C. 301 et seq.) [now this chapter], 
and as President of the United States, I hereby prescribe the following 
regulations governing the preparation, presentation, filing, and 
publication of Executive orders and proclamations:
    Section 1. Form. Proposed Executive orders and proclamations shall 
be prepared in accordance with the following requirements:
    (a) The order or proclamation shall be given a suitable title.
    (b) The order or proclamation shall contain a citation of the 
authority under which it is issued.
    (c) Punctuation, capitalization, spelling, and other matters of 
style shall, in general, conform to the most recent edition of the Style 
Manual of the United States Government Printing Office.
    (d) The spelling of geographic names shall conform to the decisions 
of the Board on Geographic Names, established by Section 2 of the Act of 
July 25, 1947, 61 Stat. 456 (43 U.S.C. 364a).
    (e) Descriptions of tracts of land shall conform, so far as 
practicable, to the most recent edition of the ``Specifications for 
Descriptions of Tracts of Land for Use in Executive Orders and 
Proclamations,'' prepared by the Bureau of Land Management, Department 
of the Interior.
    (f) Proposed Executive orders and proclamations shall be prepared on 
paper approximately 8.5  x  14 inches, shall have a left-hand margin of 
approximately 1 inches [sic] and a right-hand margin of approximately 1 
inch, and shall be double-spaced, except that quotations, tabulations, 
and descriptions of land may be single-spaced.
    (g) Proclamations issued by the President shall conclude with the 
following described recitation--
    IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of 
________, in the year of our lord ________, and of the Independence of 
the United States of America, the ________.
    Sec. 2. Routing and approval of drafts. (a) A proposed Executive 
order or proclamation shall first be submitted to the Director of the 
Office of Management and Budget, together with a letter, signed by the 
head or other properly authorized officer of the originating Federal 
agency, explaining the nature, purpose, background, and effect of the 
proposed Executive order or proclamation and its relationship, if any, 
to pertinent laws and other Executive orders or proclamations.
    (b) If the Director of the Office of Management and Budget approves 
the proposed Executive order or proclamation, he shall transmit it to 
the Attorney General for his consideration as to both form and legality.
    (c) If the proposed Executive order or proclamation is disapproved 
by the Director of the Office of Management and Budget or by the 
Attorney General, it shall not thereafter be presented to the President 
unless it is accompanied by a statement of the reasons for such 
disapproval.
    Sec. 3. Routing and certification of originals and copies. (a) If 
the order or proclamation is signed by the President, the original and 
two copies thereof shall be forwarded to the Director of the Office of 
the Federal Register for publication in the Federal Register.
    (b) The Office of the Federal Register shall cause to be placed upon 
the copies of all Executive orders and proclamations forwarded as 
provided in subsection (a) of this section the following notation, to be 
signed by the Director or by some person authorized by him to sign such 
notation: ``Certified to be a true copy of the original.''
    Sec. 4. Proclamations calling for the observance of special days or 
events. Except as may be otherwise provided by law, responsibility for 
the preparation and presentation of proposed proclamations calling for 
the observance of special days, or other periods of time, or events 
shall be assigned by the Director of the Office of Management and Budget 
to such agencies as he may consider appropriate. Such proposed 
proclamations shall be submitted to the Director at least sixty days 
before the date of the specified observance. Notwithstanding the 
provisions of Section 2, the Director shall transmit any approved 
commemorative proclamations to the President.
    Sec. 5. Proclamations of treaties excluded. Consonant with the 
provisions of section 1511 of title 44, United States Code (49 Stat. 503 
[sic]; 44 U.S.C. 1511), nothing in this order shall be construed to 
apply to treaties, conventions, protocols, or other international 
agreements, or proclamations thereof by the President.
    Sec. 6. Definition. The term ``Presidential proclamations and 
Executive orders,'' as used in subsection 1505(a) of title 44, United 
States Code (44 U.S.C. 1505(a)), shall, except as the President or his 
representative may hereafter otherwise direct, be deemed to include such 
attachments thereto as are referred to in the respective proclamations 
or orders.
    Sec. 7. Prior order. Upon its publication in the Federal Register, 
this order shall supersede Executive Order No. 10006 of October 9, 1948.
    The regulations prescribed by this order shall be codified under 
Title 1 of the Code of Federal Regulations.


Sec. 1506. Administrative Committee of the Federal Register; 
        establishment and composition; powers and duties
        
    The Administrative Committee of the Federal Register shall consist 
of the Archivist of the United States or Acting Archivist, who shall be 
chairman, an officer of the Department of Justice designated by the 
Attorney General, and the Public Printer or Acting Public Printer. The 
Director of the Federal Register shall act as secretary of the 
committee. The committee shall prescribe, with the approval of the 
President, regulations for carrying out this chapter. The regulations 
shall provide, among other things--
        (1) the manner of certification of copies required to be 
    certified under section 1503 of this title, which certification may 
    be permitted to be based upon confirmed communications from outside 
    the District of Columbia;
        (2) the documents which shall be authorized under section 
    1505(b) of this title to be published in the Federal Register;
        (3) the manner and form in which the Federal Register shall be 
    printed, reprinted, and compiled, indexed, bound, and distributed;
        (4) the number of copies of the Federal Register, which shall be 
    printed, reprinted, and compiled, the number which shall be 
    distributed without charge to Members of Congress, officers and 
    employees of the United States, or Federal agency, for official use, 
    and the number which shall be available for distribution to the 
    public; and
        (5) the prices to be charged for individual copies of, and 
    subscriptions to, the Federal Register and reprints and bound 
    volumes of it.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1275; Pub. L. 98-497, title I, 
Sec. 107(b)(5), Oct. 19, 1984, 98 Stat. 2287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 306, 391 (part) (July 26, 
1935, ch. 417, Sec. 6, 49 Stat. 501; June 30, 1949, ch. 288, title I, 
Sec. 104, 63 Stat. 381).
    This section incorporates only the last sentence from former section 
391(b). The remainder of that section will be found in sections 2102, 
2301, 2501, and 2902 of the revision.


                               Amendments

    1984--Pub. L. 98-497 struck out ``The authority of the Administrator 
of General Services, under section 754 of title 40, to regroup, 
transfer, and distribute functions within the General Services 
Administration, does not extend to the Committee or its functions.''


                    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.

                         Delegation of Functions

    For delegations of functions vested in President by section 6 of 
Federal Register Act [now this section], to Attorney General and 
Archivist of United States, see section 6(b) of Ex. Ord. No. 10530, May 
11, 1954, 19 F.R. 2709, as amended, set out as a note under section 301 
of Title 3, The President. See, also, section 103(b)(1) of Pub. L. 98-
497, set out as a note under section 2102 of this title.


Sec. 1507. Filing document as constructive notice; publication 
        in Federal Register as presumption of validity; judicial notice; 
        citation
        
    A document required by section 1505(a) of this title to be published 
in the Federal Register is not valid as against a person who has not had 
actual knowledge of it until the duplicate originals or certified copies 
of the document have been filed with the Office of the Federal Register 
and a copy made available for public inspection as provided by section 
1503 of this title. Unless otherwise specifically provided by statute, 
filing of a document, required or authorized to be published by section 
1505 of this title, except in cases where notice by publication is 
insufficient in law, is sufficient to give notice of the contents of the 
document to a person subject to or affected by it. The publication in 
the Federal Register of a document creates a rebuttable presumption--
        (1) that it was duly issued, prescribed, or promulgated;
        (2) that it was filed with the Office of the Federal Register 
    and made available for public inspection at the day and hour stated 
    in the printed notation;
        (3) that the copy contained in the Federal Register is a true 
    copy of the original; and
        (4) that all requirements of this chapter and the regulations 
    prescribed under it relative to the document have been complied 
    with.

    The contents of the Federal Register shall be judicially noticed and 
without prejudice to any other mode of citation, may be cited by volume 
and page number.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1276.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 307 (July 26, 1935, ch. 417, 
Sec. 7, 49 Stat. 502).


Sec. 1508. Publication in Federal Register as notice of hearing

    A notice of hearing or of opportunity to be heard, required or 
authorized to be given by an Act of Congress, or which may otherwise 
properly be given, shall be deemed to have been given to all persons 
residing within the States of the Union and the District of Columbia, 
except in cases where notice by publication is insufficient in law, when 
the notice is published in the Federal Register at such a time that the 
period between the publication and the date fixed in the notice for the 
hearing or for the termination of the opportunity to be heard is--
        (1) not less than the time specifically prescribed for the 
    publication of the notice by the appropriate Act of Congress; or
        (2) not less than fifteen days when time for publication is not 
    specifically prescribed by the Act, without prejudice, however, to 
    the effectiveness of a notice of less than fifteen days where the 
    shorter period is reasonable.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1276.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 308 (July 26, 1935, ch. 417, 
Sec. 8, 49 Stat. 502; June 25, 1959, Pub. L. 86-70, Sec. 34, 73 Stat. 
149; July 12, 1960, Pub. L. 86-624, Sec. 33, 74 Stat. 421).


Sec. 1509. Costs of publication, etc.

    (a) The cost of printing, reprinting, wrapping, binding, and 
distributing the Federal Register and the Code of Federal Regulations, 
and, except as provided in subsection (b), other expenses incurred by 
the Government Printing Office in carrying out the duties placed upon it 
by this chapter shall be charged to the revolving fund provided in 
section 309. Reimbursements for such costs and expenses shall be made by 
the Federal agencies and credited, together with all receipts, as 
provided in section 309(b).
    (b) The cost of printing, reprinting, wrapping, binding, and 
distributing all other publications of the Federal Register program, and 
other expenses incurred by the Government Printing Office in connection 
with such publications, shall be borne by the appropriations to the 
Government Printing Office and the appropriations are made available, 
and are authorized to be increased by additional sums necessary for the 
purposes, the increases to be based upon estimates submitted by the 
Public Printer.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1277; Pub. L. 95-94, title IV, 
Sec. 408(a)(1), Aug. 5, 1977, 91 Stat. 683.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 309 (July 26, 1935, ch. 417, 
Sec. 9, 49 Stat. 502).
    A reference to section 10 of Act June 19, 1934 is deleted because of 
the repeal of that section by Act June 30, 1949.


                               Amendments

    1977--Pub. L. 95-94 substituted ``Costs of publication, etc.'' for 
``Cost of publication; appropriations authorized; penalty mail 
privilege'' in section catchline, added subsec. (a), designated former 
first paragraph as subsec. (b) and inserted provision restricting 
coverage to the other publications of the Federal Register program and 
struck out provision requiring payments for the Federal Register to be 
covered into the Treasury as miscellaneous receipts and former second 
paragraph relating to penalty mail privileges for the Federal Register.


                    Effective Date of 1977 Amendment

    Section 408(b) of Pub. L. 95-94 provided that: ``The amendments made 
by subsection (a) [amending this section] shall take effect on October 
1, 1977.''


Sec. 1510. Code of Federal Regulations

    (a) The Administrative Committee of the Federal Register, with the 
approval of the President, may require, from time to time as it 
considers necessary, the preparation and publication in special or 
supplemental editions of the Federal Register of complete codifications 
of the documents of each agency of the Government having general 
applicability and legal effect, issued or promulgated by the agency by 
publication in the Federal Register or by filing with the Administrative 
Committee, and are relied upon by the agency as authority for, or are 
invoked or used by it in the discharge of, its activities or functions, 
and are in effect as to facts arising on or after dates specified by the 
Administrative Committee.
    (b) A codification published under subsection (a) of this section 
shall be printed and bound in permanent form and shall be designated as 
the ``Code of Federal Regulations.'' The Administrative Committee shall 
regulate the binding of the printed codifications into separate books 
with a view to practical usefulness and economical manufacture. Each 
book shall contain an explanation of its coverage and other aids to 
users that the Administrative Committee may require. A general index to 
the entire Code of Federal Regulations shall be separately printed and 
bound.
    (c) The Administrative Committee shall regulate the supplementation 
and the collation and republication of the printed codifications with a 
view to keeping the Code of Federal Regulations as current as 
practicable. Each book shall be either supplemented or collated and 
republished at least once each calendar year.
    (d) The Office of the Federal Register shall prepare and publish the 
codifications, supplements, collations, and indexes authorized by this 
section.
    (e) The codified documents of the several agencies published in the 
supplemental edition of the Federal Register under this section, as 
amended by documents subsequently filed with the Office and published in 
the daily issues of the Federal Register shall be prima facie evidence 
of the text of the documents and of the fact that they are in effect on 
and after the date of publication.
    (f) The Administrative Committee shall prescribe, with the approval 
of the President, regulations for carrying out this section.
    (g) This section does not require codification of the text of 
Presidential documents published and periodically compiled in 
supplements to Title 3 of the Code of Federal Regulations.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1277.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 311 (July 26, 1935, ch. 417, 
Sec. 11, 49 Stat. 503; June 19, 1937, ch. 369, 50 Stat. 304; 1939 Reorg. 
Plan No. II, Sec. 202, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1435; 
Dec. 10, 1942, ch. 717, Sec. 2, 56 Stat. 1045; June 30, 1949, ch. 288, 
title I, Sec. 104(b), 63 Stat. 381; Aug. 5, 1953, ch. 333, 67 Stat. 388; 
Dec. 2, 1963, Pub. L. 88-190, Sec. 1, 77 Stat. 343).


                 Retroactive and Prospective Application

    Pub. L. 88-190, Sec. 2, Dec. 2, 1963, 77 Stat. 344, provided that: 
``Section 11 of the Federal Register Act [section 311 of former Title 
44, Public Printing and Documents, now this section], as amended by the 
first section of this Act [amending subsecs. (b) to (d) and (g) of such 
section 311, now subsecs. (b) to (d) and (g) of this section], shall 
apply to the Code of Federal Regulations previously authorized and 
published as well as to future publications made pursuant to that 
section as so amended.''

                         Delegation of Functions

    For delegation of functions vested in President by section 11(a), 
(f) of Federal Register Act [now subsecs. (a) and (f) of this section], 
to Attorney General and Archivist of United States, see section 6(b) of 
Ex. Ord. No. 10530, May 11, 1954, 19 F.R. 2709, as amended, set out as a 
note under section 301 of Title 3, The President. See, also, section 
103(b)(1) of Pub. L. 98-497, set out as a note under section 2102 of 
this title.


         Codification of Executive and Administrative Documents

    Under authority of section 11(d) of the Federal Register Act [now 
subsec. (d) of this section] the Administrative Committee of the Federal 
Register issued regulations for the codification of executive and 
administrative documents, approved by the President Nov. 10, 1937, and 
set out in F.R. 2849 D.I., 2450 B.V.


Sec. 1511. International agreements excluded from provisions of 
        chapter
        
    This chapter does not apply to treaties, conventions, protocols, and 
other international agreements, or proclamations thereof by the 
President.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1278.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 312 (July 26, 1935, ch. 417, 
Sec. 12, 49 Stat. 503).


          CHAPTER 17--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS

Sec.
1701.         Publications for public distribution to be distributed by 
                  the Public Printer; mailing lists.
1702.         Superintendent of Documents; sale of documents.
1703.         Superintendent of Documents: assistants, blanks, printing 
                  and binding.
1704.         Superintendent of Documents: pay of employees for night, 
                  Sunday, holiday, and overtime work.
1705.         Printing additional copies for sale to public; 
                  regulations.
1706.         Printing and sale of extra copies of documents.
1707.         Reprinting of documents required for sale.
1708.         Prices for sales copies of publications; crediting of 
                  receipts; resale by dealers; sales agents.
1709.         Blank forms: printing and sale to public.
1710.         Index of documents: number and distribution.
1711.         Catalog of Government publications.
1712.         Documents for use of the Public Printer.
1713.         Documents to be delivered to the Executive Mansion.
1714.         Publications for use of General Services 
                  Administration.\1\
  
---------------------------------------------------------------------------
    \1\ Section catchline amended by Pub. L. 98-497 without 
corresponding amendment of chapter analysis.
---------------------------------------------------------------------------
1715.         Publications for department or officer or for 
                  congressional committees.
1716.         Public documents for legations and consulates of United 
                  States.
1717.         Documents and reports for foreign legations.
1718.         Distribution of Government publications to the Library of 
                  Congress.
1719.         International exchange of Government publications.
1720.         Documents not needed by departments to be turned over to 
                  Superintendent of Documents.
1721.         Exchange of documents by heads of departments.
1722.         Departmental distribution of publications.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 1701. Publications for public distribution to be 
        distributed by the Public Printer; mailing lists
        
    Money appropriated by any Act may not be used for services in an 
executive department or other Government establishment at the District 
of Columbia, in the work of addressing, wrapping, mailing, or otherwise 
dispatching a publication for public distribution, except maps, weather 
reports, and weather cards issued by them or for the purchase of 
material or supplies to be used in this work. The Public Printer shall 
perform this work at the Government Printing Office. The head of an 
executive department, independent office, and establishment of the 
Government at the District of Columbia, shall furnish from time to time 
to the Public Printer mailing lists, in convenient form, and changes in 
them, or penalty mail slips, for use in the public distribution of 
publications issued by the department or establishment. The Public 
Printer may furnish copies of a publication only in accordance with law 
or the instruction of the head of the department or establishment 
issuing the publication.
    This section does not apply to orders, instructions, directions, 
notices, or circulars of information printed for and issued by an 
executive department or other Government establishment or to the 
distribution of public documents by Senators or Members of the House of 
Representatives or to the Senate Service Department, House of 
Representatives Publications Distribution Service, and document rooms of 
the Senate or House of Representatives.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1278.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 95 (Aug. 23, 1912, ch. 350, 
Sec. 8, 37 Stat. 414; July 2, 1954, ch. 455, title I, Sec. 101, 68 Stat. 
397).
    ``House of Representatives Publications Distribution Service'' is 
substituted for ``House Folding Room'' because of the change of name 
under authority of Public Law 88-652.
    The term ``executive department, independent office, and 
establishment of the Government'' is substituted for ``executive 
department and other Government establishment'' for uniformity.


Sec. 1702. Superintendent of Documents; sale of documents

    The Public Printer shall appoint a competent person to act as 
Superintendent of Documents who shall be under the control of the Public 
Printer.
    When an officer of the Government having in his charge documents 
published for sale desires to be relieved of them, he may turn them over 
to the Superintendent of Documents, who shall receive and sell them 
under this section. Moneys received from the sale of documents shall be 
returned to the Public Printer on the first day of each month and be 
covered into the Treasury monthly.
    The Superintendent of Documents shall also report monthly to the 
Public Printer the number of documents received by him and the 
disposition made of them. He shall have general supervision of the 
distribution of all public documents, and to his custody shall be 
committed all documents subject to distribution, excepting those printed 
for the special official use of the executive departments, which shall 
be delivered to the departments, and those printed for the use of the 
two Houses of Congress, which shall be delivered to the Senate Service 
Department and House of Representatives Publications Distribution 
Service and distributed or delivered ready for distribution to Members 
upon their order by the superintendents of the Senate Service Department 
and House Publications Distribution Service, respectively.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1279.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 71, 73 (part) (Jan. 12, 
1895, ch. 23, Sec. 61, 28 Stat. 610; June 25, 1910, ch. 384, Sec. 1, 36 
Stat. 770; Aug. 7, 1946, ch. 770, Sec. 1(62), 60 Stat. 871).
    This section incorporates only part of former section 73. The 
balance will be found in section 308 of the revision.
    ``House of Representatives Publications Distribution Service'' is 
substituted for ``House Folding Room'' because of the change of name 
under authority of Public Law 88-652.


Sec. 1703. Superintendent of Documents: assistants, blanks, 
        printing and binding
        
    The Public Printer, upon the requisition of the Superintendent of 
Documents, shall appoint necessary assistants, furnish blanks, and do 
the printing and binding required by his office. The Public Printer 
shall provide convenient office, storage, and distributing rooms for the 
use of the Superintendent of Documents.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1279; Pub. L. 101-520, title 
II, Sec. 208, Nov. 5, 1990, 104 Stat. 2274.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 74 (Jan. 12, 1895, ch. 23, 
Sec. 66, 28 Stat. 611).


                               Amendments

    1990--Pub. L. 101-520 struck out before period at end of first 
sentence ``, the cost to be charged against the appropriation for 
printing and binding for Congress''.


Sec. 1704. Superintendent of Documents: pay of employees for 
        night, Sunday, holiday, and overtime work
        
    Employees in the office of the Superintendent of Documents may be 
paid for night, Sunday, holiday, and overtime work at rates not in 
excess of the rates of additional pay for this work allowed other 
employees of the Government Printing Office under section 305 of this 
title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1279.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 75 (Mar. 4, 1925, ch. 549, 
Sec. 1, 43 Stat. 1300; May 13, 1926, ch. 294, Sec. 1, 44 Stat. 552; Feb. 
23, 1927, ch. 166, 44 Stat. 1160).


Sec. 1705. Printing additional copies for sale to public; 
        regulations
        
    The Public Printer shall print additional copies of a Government 
publication, not confidential in character, required for sale to the 
public by the Superintendent of Documents, subject to regulation by the 
Joint Committee on Printing and without interference with the prompt 
execution of printing for the Government.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1279.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 72 (May 11, 1922, ch. 189, 
Sec. 1, 42 Stat. 541; June 30, 1932, ch. 314, Sec. 307, 47 Stat. 409).


Sec. 1706. Printing and sale of extra copies of documents

    The Public Printer shall furnish to applicants giving notice before 
the matter is put to press, not exceeding two hundred and fifty to any 
one applicant, copies of bills, reports, and documents. The applicants 
shall pay in advance the price of the printing. The printing of these 
copies for private parties may not interfere with the printing for the 
Government.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1279.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 114 (Jan. 12, 1895, ch. 23, 
Sec. 42, 28 Stat. 607; June 30, 1932, ch. 314, Sec. 307, 47 Stat. 409).


Sec. 1707. Reprinting of documents required for sale

    The Superintendent of Documents may order reprinted, from time to 
time, public documents required for sale, subject to the approval of the 
Secretary or head of the department in which the public document 
originated. The Revolving Fund shall be reimbursed for the cost of 
reprints from the moneys received by the Superintendent of Documents 
from the sale of public documents.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1280; Pub. L. 101-520, title 
II, Sec. 208, Nov. 5, 1990, 104 Stat. 2274.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 79 (Mar. 28, 1904, No. 11, 33 
Stat. 584).


                               Amendments

    1990--Pub. L. 101-520 substituted ``The Revolving Fund'' for ``The 
appropriation for printing and binding''.


Sec. 1708. Prices for sales copies of publications; crediting of 
        receipts; resale by dealers; sales agents
        
    The price at which additional copies of Government publications are 
offered for sale to the public by the Superintendent of Documents shall 
be based on the cost as determined by the Public Printer plus 50 
percent. A discount may be allowed as determined by the Superintendent 
of Documents, but the printing may not interfere with prompt execution 
of work for the Government.
    The Superintendent of Documents may prescribe terms and conditions 
under which he authorizes the resale of Government publications by book 
dealers, and he may designate any Government officer his agent for the 
sale of Government publications under regulations agreed upon by the 
Superintendent of Documents and the head of the respective department or 
establishment of the Government.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1280; Pub. L. 95-94, title IV, 
Sec. 409(a), Aug. 5, 1977, 91 Stat. 683; Pub. L. 103-69, title II, 
Sec. 207(b), Aug. 11, 1993, 107 Stat. 708; Pub. L. 108-447, div. G, 
title I, Sec. 1301, Dec. 8, 2004, 118 Stat. 3191.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 72a (June 30, 1932, ch. 314, 
Sec. 307, 47 Stat. 409).


                               Amendments

    2004--Pub. L. 108-447, in first par., substituted ``may be allowed 
as determined by the Superintendent of Documents'' for ``of not to 
exceed 25 percent may be allowed to book dealers and quantity 
purchasers''.
    1993--Pub. L. 103-69, in first par., struck out at end ``Receipts 
from general sales of publications in excess of the total costs and 
expenses incurred in connection with the publication and sale thereof, 
as determined by the Public Printer, shall be deposited in the Treasury 
of the United States to the credit of miscellaneous receipts.''
    1977--Pub. L. 95-94 substituted ``Receipts from general sales of 
publications in excess of the total costs and expenses incurred in 
connection with the publication and sale thereof, as determined by the 
Public Printer,'' for ``Surplus receipts from sales''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-69 effective Oct. 1, 1993, see section 
207(c) of Pub. L. 103-69, set out as a note under section 309 of this 
title.


                    Effective Date of 1977 Amendment

    Section 409(b) of Pub. L. 95-94 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on October 
1, 1977.''


Sec. 1709. Blank forms: printing and sale to public

    The Public Printer may print for sale by the Superintendent of 
Documents to the public, upon prepayment, additional copies of approved 
Government blank forms.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1280.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 94 (June 7, 1924, ch. 303, 
Sec. 1, 43 Stat. 592).


Sec. 1710. Index of documents: number and distribution

    The Superintendent of Documents, at the close of each regular 
session of Congress, shall prepare and publish a comprehensive index of 
public documents, upon a plan approved by the Joint Committee on 
Printing. The Public Printer shall, immediately upon its publication, 
deliver to him a copy of every document printed by the Government 
Printing Office. The head of each executive department, independent 
agency and establishment of the Government shall deliver to him a copy 
of every document issued or published by the department, bureau, or 
office not confidential in character. He shall also prepare and print in 
one volume a consolidated index of Congressional documents, and shall 
index single volumes of documents as the Joint Committee on Printing 
directs. Two thousand copies each of the comprehensive index and of the 
consolidated index shall be printed and bound in addition to the usual 
number, two hundred for the Senate, eight hundred for the House of 
Representatives and one thousand for distribution by the Superintendent 
of Documents.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1280.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 76 (Jan. 12, 1895, ch. 23, 
Sec. 62, 28 Stat. 610).


Sec. 1711. Catalog of Government publications

    On the first day of each month the Superintendent of Documents shall 
prepare a catalog of Government publications which shall show the 
documents printed during the preceding month, where obtainable, and the 
price. Two thousand copies of the catalog shall be printed in pamphlet 
form for distribution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1280.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 77 (Jan. 12 1895, ch. 23, 
Sec. 69, 28 Stat. 612).


Sec. 1712. Documents for use of the Public Printer

    The Public Printer may retain out of all documents, bills, and 
resolutions printed the number of copies absolutely needful for the 
official use of the Government Printing Office, not exceeding five of 
each.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1281.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 81 (Jan. 12, 1895, ch. 23, 
Sec. 73, 28 Stat. 618).


Sec. 1713. Documents to be delivered to the Executive Mansion

    The Public Printer shall deliver to the Executive Mansion two copies 
of each document, bill, and resolution as soon as printed and ready for 
distribution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1281.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 80 (Jan. 12, 1895, ch. 23, 
Sec. 88, 28 Stat. 622).


Sec. 1714. Publications for use of National Archives and Records 
        Administration
        
    The Public Printer shall print and deliver to the National Archives 
and Records Administration for use by the Archivist of the United 
States, including use by the Presidential Library established for the 
President during whose term the documents were issued, which shall be 
chargeable to Congress three copies each of the following publications:
        House documents and public reports, bound;
        Senate documents and public reports, bound;
        Senate and House journals, bound;
        United States Code and Supplements, bound;
        United States Statutes at Large, bound;
        the United States Reports, bound;
        all other documents bearing a congressional number, or printed 
    upon order of a committee in either House of Congress, or of a 
    department, independent agency or establishment, commission, or 
    officer of the Government, except confidential matter, blank forms, 
    and circular letters not of a public character; and
        public bills and resolutions in Congress in each parliamentary 
    stage.

    The Superintendent of Documents shall furnish, without cost, copies 
of publications available for free distribution.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1281; Pub. L. 98-497, title I, 
Sec. 107(b)(6), Oct. 19, 1984, 98 Stat. 2287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 215a (Jan. 12, 1895, ch. 23, 
Sec. --, as added June 17, 1935, ch. 267, 49 Stat. 386, and amended June 
30, 1949, ch. 288, title I, Sec. 104(a), 63 Stat. 381; Oct. 15, 1966, 
Pub. L. 89-678, 80 Stat. 956.)


                               Amendments

    1984--Pub. L. 98-497 substituted ``National Archives and Records 
Administration'' for ``General Services Administration'' in section 
catchline and text.


                    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.


Sec. 1715. Publications for department or officer or for 
        congressional committees
        
    When printing not bearing a congressional number, except 
confidential matter, blank forms, and circular letters not of a public 
character, is done for a department or officer of the Government, or not 
of a confidential character, is done for use of congressional 
committees, two copies shall be sent, unless withheld by order of the 
committee, by the Public Printer to the Senate and House of 
Representatives libraries, respectively, and one copy each to the 
document rooms of the Senate and House of Representatives, for 
reference; and these copies may not be removed.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1281.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 217 (part) (Jan. 12, 1895, ch. 
23, Sec. 58, 28 Stat. 610; Mar. 1, 1907, ch. 2284, Sec. 4, 34 Stat. 
1014).
    The last clause of this section is eliminated, as superseded by 
former section 85, now found in section 1903 of the revision.


Sec. 1716. Public documents for legations and consulates of 
        United States
        
    Only books published by the Government, and usually known by the 
name of ``Public Documents,'' may be supplied to a legation or consulate 
of the United States as are first designated by the Secretary of State, 
by an order to be recorded in the State Department, as suitable for and 
required by the legation and consulate.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1281.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 91a (R.S. Sec. 504).


Sec. 1717. Documents and reports for foreign legations

    Documents and reports may be furnished to foreign legations to the 
United States upon request stating those desired and requisition upon 
the Public Printer by the Secretary of State. Gratuitous distribution 
may only be made to legations whose Governments furnish to legations 
from the United States copies of their printed and legislative documents 
desired.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1281.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 91 (Jan. 12, 1895, ch. 23, 
Sec. 75, 28 Stat. 620).


Sec. 1718. Distribution of Government publications to the 
        Library of Congress
        
    There shall be printed and furnished to the Library of Congress for 
official use in the District of Columbia not to exceed twenty-five 
copies of:
        House documents and reports, bound;
        Senate documents and reports, bound;
        Senate and House journals, bound;
        public bills and resolutions;
        the United States Code and supplements, bound; and
        all other publications and maps which are printed, or otherwise 
    reproduced, under authority of law, upon the requisition of a 
    Congressional committee, executive department, bureau, independent 
    office, establishment, commission, or officer of the Government.

    Confidential matter, blank forms, and circular letters not of a 
public character shall be excepted.
    In addition, there shall be delivered as printed to the Library of 
Congress:
        ten copies of each House document and report, unbound;
        ten copies of each Senate document and report, unbound; and
        ten copies of each private bill and resolution and fifty copies 
    of the laws in slip form.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1282; Pub. L. 97-276, 
Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 139 (Jan. 28, 1899, No. 12, 30 
Stat. 1388; Mar. 2, 1901, No. 16, Sec. Sec. 1, 2, 31 Stat. 1464; June 
20, 1936, ch. 630, title IV, Sec. 6, 49 Stat. 1550).
    Reference to the Official Register is omitted as obsolete. The 
authorization for its compilation was repealed by Public Law 88-626.

                          Codification

    The 1982 amendment by Pub. L. 97-276 is based on section 305(a) of 
S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 
1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, 
to be effective as if enacted into law.


                               Amendments

    1982--Pub. L. 97-276 substituted ``not to exceed twenty-five copies 
of'' for ``, and for international exchange as provided by section 1719 
of this title, not to exceed one hundred and fifty copies of''.


Sec. 1719. International exchange of Government publications

    For the purpose of more fully carrying into effect the convention 
concluded at Brussels on March 15, 1886, and proclaimed by the President 
of the United States on January 15, 1889, there shall be supplied to the 
Superintendent of Documents not to exceed one hundred and twenty-five 
copies each of all Government publications, including the daily and 
bound copies of the Congressional Record, for distribution to those 
foreign governments which agree, as indicated by the Library of 
Congress, to send to the United States similar publications of their 
governments for delivery to the Library of Congress. Confidential 
matter, blank forms, circular letters not of a public character, 
publications determined by their issuing department, office, or 
establishment to be required for official use only or for strictly 
administrative or operational purposes which have no public interest or 
educational value, and publications classified for reasons of national 
security shall be exempted from this requirement. The printing, binding, 
and distribution costs of any publications distributed in accordance 
with this section shall be charged to appropriations provided the 
Superintendent of Documents for that purpose.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1282; Pub. L. 97-276, 
Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189; Pub. L. 99-500, Sec. 101(j), 
Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 
30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 
11, 1987, 101 Stat. 425.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964, ed., Sec. 139a (Mar. 2, 1901, No. 16, 
Sec. 3, 31 Stat. 1465; Mar. 3, 1925, ch. 421, Sec. 7, 43 Stat. 1106; 
June 20, 1936, ch. 630, title IV, Sec. 6, 49 Stat. 1550).

                       References in Text

    There were two conventions concluded at Brussels on Mar. 15, 1886, 
and proclaimed by the President on Jan. 15, 1889: one was a convention 
``for the international exchange of official documents, scientific, and 
literary publications''; the other was ``for the immediate exchange of 
the official journals, parliamentary annals, and documents.''

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    The 1986 amendment is based on section 306 of title III of H.R. 5203 
(see House Report 99-805 as filed in the House on Aug. 15, 1986), and 
incorporated by reference in section 101(j) of Pub. L. 99-500 and 99-
591, as amended by Pub. L. 100-71, to be effective as if enacted into 
law.
    The 1982 amendment by Pub. L. 97-276 is based on section 305(b) of 
S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 
1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, 
to be effective as if enacted into law.


                               Amendments

    1986--Pub. L. 99-500 and 99-591, as amended by Pub. L. 100-71, 
amended last sentence generally, substituting ``charged to 
appropriations provided the Superintendent of Documents for that 
purpose'' for ``chargeable to the department, office, or establishment 
issuing the publication''. See Codification note above.
    1982--Pub. L. 97-276 substituted ``Superintendent of Documents'' for 
first reference to ``Library of Congress'' and ``for distribution to 
those foreign governments which agree, as indicated by the Library of 
Congress, to send to the United States similar publications of their 
governments for delivery to the Library of Congress'' for ``for 
distribution, through the Smithsonian Institution, to foreign 
governments which agree to send to the United States similar 
publications of their governments for delivery to the Library of 
Congress'', and inserted ``Confidential matter, blank forms, circular 
letters not of a public character, publications determined by their 
issuing department, office, or establishment to be required for official 
use only or for strictly administrative or operational purposes which 
have no public interest or educational value, and publications 
classified for reasons of national security shall be exempted from this 
requirement. The printing, binding, and distribution costs of any 
publication distributed in accordance with this section shall be 
chargeable to the department, office, or establishment issuing the 
publication.''


Sec. 1720. Documents not needed by departments to be turned over 
        to Superintendent of Documents
        
    Public documents accumulating in the several executive departments, 
bureaus, and offices, not needed for official use, shall be turned over 
to the Superintendent of Documents annually for distribution or sale.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1282.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 78 (Jan. 12, 1895, ch. 23, 
Sec. 67, 28 Stat. 611).


Sec. 1721. Exchange of documents by heads of departments

    Heads of departments may exchange surplus documents for other 
documents and books required by them, when it is to the advantage of the 
public service.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1282.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 93 (Jan. 12, 1895, ch. 23, 
Sec. 95, 28 Stat. 623).


Sec. 1722. Departmental distribution of publications

    Government publications printed for or received by the executive 
departments, whether for official use or for distribution, except those 
required by section 1701 of this title to be distributed by the Public 
Printer, shall be distributed by a competent person detailed to this 
duty in each department by the head of the department. He shall prevent 
duplication and make detailed report to the head of the department.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1282.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 96 (Jan. 12, 1895, ch. 23, 
Sec. 92, 28 Stat. 623; May 29, 1928, ch. 901, Sec. 1(2), 45 Stat. 986).


                 CHAPTER 19--DEPOSITORY LIBRARY PROGRAM

Sec.
1901.         Definition of Government publication.
1902.         Availability of Government publications through 
                  Superintendent of Documents; lists of publications not 
                  ordered from Government Printing Office.
1903.         Distribution of publications to depositories; notice to 
                  Government components; cost of printing and binding.
1904.         Classified list of Government publications for selection 
                  by depositories.
1905.         Distribution to depositories; designation of additional 
                  libraries; justification; authorization for certain 
                  designations.
1906.         Land-grant colleges constituted depositories.
1907.         Libraries of executive departments, service academies, and 
                  independent agencies constituted depositories; 
                  certifications of need; disposal of unwanted 
                  publications.
1908.         American Antiquarian Society to receive certain 
                  publications.
1909.         Requirements of depository libraries; reports on 
                  conditions; investigations; termination; replacement.
1910.         Designations of replacement depositories; limitations on 
                  numbers; conditions.
1911.         Free use of Government publications in depositories; 
                  disposal of unwanted publications.
1912.         Regional depositories; designation; functions; disposal of 
                  publications.
1913.         Appropriations for supplying depository libraries; 
                  restriction.
1914.         Implementation of depository library program by Public 
                  Printer.
1915.         Highest State appellate court libraries as depository 
                  libraries.
1916.         Designation of libraries of accredited law schools as 
                  depository libraries.


                               Amendments

    1978--Pub. L. 95-261, Sec. 2, Apr. 17, 1978, 92 Stat. 199, added 
item 1916.
    1972--Pub. L. 92-368, Sec. 1(b), Aug. 10, 1972, 86 Stat. 507, added 
item 1915.


     Federal Records Management Provisions Without Effect on Chapter

    Authority and responsibilities under chapter not limited or repealed 
by Federal Records Management Amendments of 1976, see section 5(b) of 
Pub. L. 94-575, set out as a note under section 2901 of this title.


Sec. 1901. Definition of Government publication

    ``Government publication'' as used in this chapter, means 
informational matter which is published as an individual document at 
Government expense, or as required by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 81a (Pub. L. 87-579, Sec. 1, 
Aug. 9, 1962, 76 Stat. 352).


Sec. 1902. Availability of Government publications through 
        Superintendent of Documents; lists of publications not ordered 
        from Government Printing Office
        
    Government publications, except those determined by their issuing 
components to be required for official use only or for strictly 
administrative or operational purposes which have no public interest or 
educational value and publications classified for reasons of national 
security, shall be made available to depository libraries through the 
facilities of the Superintendent of Documents for public information. 
Each component of the Government shall furnish the Superintendent of 
Documents a list of such publications it issued during the previous 
month, that were obtained from sources other than the Government 
Printing Office.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 81b (Pub. L. 87-579, Sec. 1, 
Aug. 9, 1962, 76 Stat. 352).


Sec. 1903. Distribution of publications to depositories; notice 
        to Government components; cost of printing and binding
        
    Upon request of the Superintendent of Documents, components of the 
Government ordering the printing of publications shall either increase 
or decrease the number of copies of publications furnished for 
distribution to designated depository libraries and State libraries so 
that the number of copies delivered to the Superintendent of Documents 
is equal to the number of libraries on the list. The number thus 
delivered may not be restricted by any statutory limitation in force on 
August 9, 1962. Copies of publications furnished the Superintendent of 
Documents for distribution to designated depository libraries shall 
include--
        the journals of the Senate and House of Representatives;
        all publications, not confidential in character, printed upon 
    the requisition of a congressional committee;
        Senate and House public bills and resolutions; and
        reports on private bills, concurrent or simple resolutions;

but not so-called cooperative publications which must necessarily be 
sold in order to be self-sustaining.
    The Superintendent of Documents shall currently inform the 
components of the Government ordering printing of publications as to the 
number of copies of their publications required for distribution to 
depository libraries. The cost of printing and binding those 
publications distributed to depository libraries obtained elsewhere than 
from the Government Printing Office, shall be borne by components of the 
Government responsible for their issuance; those requisitioned from the 
Government Printing Office shall be charged to appropriations provided 
the Superintendent of Documents for that purpose.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 85 (part) (Mar. 1, 1907, ch. 
2284, Sec. 4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 1206; Aug. 
9, 1962, Pub. L. 87-579, Sec. 5, 76 Stat. 354).
    The last paragraph of former section 85 will be found in section 
1906 of the revision.


Sec. 1904. Classified list of Government publications for 
        selection by depositories
        
    The Superintendent of Documents shall currently issue a classified 
list of Government publications in suitable form, containing annotations 
of contents and listed by item identification numbers to facilitate the 
selection of only those publications needed by depository libraries. The 
selected publications shall be distributed to depository libraries in 
accordance with regulations of the Superintendent of Documents, as long 
as they fulfill the conditions provided by law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964, ed. Sec. 83 (R.S. Sec. 502; Jan. 12, 
1895, ch. 23, Sec. Sec. 53, 61, 28 Stat. 608, 610; Aug. 9, 1962, Pub. L. 
87-579, Sec. 3, 76 Stat. 353).


Sec. 1905. Distribution to depositories; designation of 
        additional libraries; justification; authorization for certain 
        designations
        
    The Government publications selected from lists prepared by the 
Superintendent of Documents, and when requested from him, shall be 
distributed to depository libraries specifically designated by law and 
to libraries designated by Senators, Representatives, and the Resident 
Commissioner from Puerto Rico, by the Commissioner of the District of 
Columbia,\1\ and by the Governors of Guam, American Samoa, and the 
Virgin Islands, respectively. Additional libraries within areas served 
by Representatives or the Resident Commissioner from Puerto Rico may be 
designated by them to receive Government publications to the extent that 
the total number of libraries designated by them does not exceed two 
within each area. Not more than two additional libraries within a State 
may be designated by each Senator from the State. Before an additional 
library within a State, congressional district or the Commonwealth of 
Puerto Rico is designated as a depository for Government publications, 
the head of that library shall furnish his Senator, Representative, or 
the Resident Commissioner from Puerto Rico, as the case may be, with 
justification of the necessity for the additional designation. The 
justification, which shall also include a certification as to the need 
for the additional depository library designation, shall be signed by 
the head of every existing depository library within the congressional 
district or the Commonwealth of Puerto Rico or by the head of the 
library authority of the State or the Commonwealth of Puerto Rico, 
within which the additional depository library is to be located. The 
justification for additional depository library designations shall be 
transmitted to the Superintendent of Documents by the Senator, 
Representative, or the Resident Commissioner from Puerto Rico, as the 
case may be. The Commissioner of the District of Columbia may designate 
two depository libraries in the District of Columbia, the Governor of 
Guam and the Governor of American Samoa may each designate one 
depository library in Guam and American Samoa, respectively, and the 
Governor of the Virgin Islands may designate one depository library on 
the island of Saint Thomas and one on the island of Saint Croix.
---------------------------------------------------------------------------
    \1\ See Transfer of Functions note below.
---------------------------------------------------------------------------

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 82 (R.S. Sec. 501; Mar. 1, 
1907, ch. 2284, Sec. 4, 34 Stat. 1014; Aug. 9, 1962, Pub. L. 87-579, 
Sec. 2, 76 Stat. 353).

                          Transfer of Functions

    Office of Commissioner of District of Columbia, as established under 
Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part), 32 F.R. 11669, 
81 Stat. 948, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, 
title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office 
of Mayor of District of Columbia by section 421 of Pub. L. 93-198.


                 Northern Marianas College as Depository

    Pub. L. 101-219, title II, Sec. 202, Dec. 12, 1989, 103 Stat. 1874, 
provided that: ``The Northern Marianas College is hereby constituted a 
depository to receive Government publications, and the Superintendent of 
Documents shall supply to the Northern Marianas College one copy of each 
such publication in the same form as supplied to other designated 
depositories.''


            District of Columbia Public Library as Depository

    Act Sept. 28, 1943, ch. 243, 57 Stat. 568, provided: ``That the 
Public Library of the District of Columbia is hereby constituted a 
designated depository of governmental publications, and the 
Superintendent of Documents shall supply to such library one copy of 
each such publication, in the same form as supplied to other designated 
depositories.''


Sec. 1906. Land-grant colleges constituted depositories

    Land-grant colleges are constituted depositories to receive 
Government publications subject to the depository laws.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 85 (part) (Mar. 1, 1907, ch. 
2284, Sec. 4, 34 Stat. 1014; June 25, 1938, ch. 708, 52 Stat. 1206; Aug. 
9, 1962, Pub. L. 87-579, 76 Stat. 354).
    This section is from the last paragraph of former section 85; the 
remainder of that section will be found in section 1903 of the revision.


Sec. 1907. Libraries of executive departments, service 
        academies, and independent agencies constituted depositories; 
        certifications of need; disposal of unwanted publications
        
    The libraries of the executive departments, of the United States 
Military Academy, of the United States Naval Academy, of the United 
States Air Force Academy, of the United States Coast Guard Academy, and 
of the United States Merchant Marine Academy are designated depositories 
of Government publications. A depository library within each independent 
agency may be designated upon certification of need by the head of the 
independent agency to the Superintendent of Documents. Additional 
depository libraries within executive departments and independent 
agencies may be designated to receive Government publications to the 
extent that the number so designated does not exceed the number of major 
bureaus or divisions of the departments and independent agencies. These 
designations may be made only after certification by the head of each 
executive department or independent agency to the Superintendent of 
Documents as to the justifiable need for additional depository 
libraries. Depository libraries within executive departments and 
independent agencies may dispose of unwanted Government publications 
after first offering them to the Library of Congress and the Archivist 
of the United States.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1285.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 87 (Jan. 12, 1895, ch. 23, 
Sec. 98, 28 Stat. 624; Aug. 9, 1962, Pub. L. 87-579, Sec. 7, 76 Stat. 
355).

                          Transfer of Functions

    For transfer of authorities, functions, personnel, and assets of the 
Coast Guard, including the authorities and functions of the Secretary of 
Transportation relating thereto, to the Department of Homeland Security, 
and for treatment of related references, see sections 468(b), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.


                     Archivist of the United States

    References to Archivist of the United States deemed to refer to 
Archivist appointed under section 2103 of this title with respect to 
functions transferred by Pub. L. 98-497 or an amendment made by Pub. L. 
98-497 and exercised after Apr. 1, 1985, see sections 106 and 108 of 
Pub. L. 98-497, set out as notes under section 2102 of this title.


Sec. 1908. American Antiquarian Society to receive certain 
        publications
        
    One copy of the public journals of the Senate and of the House of 
Representatives, and of the documents published under the orders of the 
Senate and House of Representatives, respectively, shall be transmitted 
to the Executive of the Commonwealth of Massachusetts for the use and 
benefit of the American Antiquarian Society of the Commonwealth.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1285.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 88 (Dec. 1, 1814, No. 7, 3 
Stat. 248).


Sec. 1909. Requirements of depository libraries; reports on 
        conditions; investigations; termination; replacement
        
    Only a library able to provide custody and service for depository 
materials and located in an area where it can best serve the public 
need, and within an area not already adequately served by existing 
depository libraries may be designated by Senators, Representatives, the 
Resident Commissioner from Puerto Rico, the Commissioner of the District 
of Columbia,\1\ or the Governors of Guam, American Samoa, or the Virgin 
Islands as a depository of Government publications. The designated 
depository libraries shall report to the Superintendent of Documents at 
least every two years concerning their condition.
---------------------------------------------------------------------------
    \1\ See Transfer of Functions note below.
---------------------------------------------------------------------------
    The Superintendent of Documents shall make firsthand investigation 
of conditions for which need is indicated and include the results of 
investigations in his annual report. When he ascertains that the number 
of books in a depository library is below ten thousand, other than 
Government publications, or it has ceased to be maintained so as to be 
accessible to the public, or that the Government publications which have 
been furnished the library have not been properly maintained, he shall 
delete the library from the list of depository libraries if the library 
fails to correct the unsatisfactory conditions within six months. The 
Representative or the Resident Commissioner from Puerto Rico in whose 
area the library is located or the Senator who made the designation, or 
a successor of the Senator, and, in the case of a library in the 
District of Columbia, the Commissioner of the District of Columbia, and, 
in the case of a library in Guam, American Samoa, or the Virgin Islands, 
the Governor, shall be notified and shall then be authorized to 
designate another library within the area served by him, which shall 
meet the conditions herein required, but which may not be in excess of 
the number of depository libraries authorized by laws within the State, 
district, territory, or the Commonwealth of Puerto Rico, as the case may 
be.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1285.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 86 (Jan. 12, 1895, ch. 23, 
Sec. 70, 28 Stat. 612; Aug. 9, 1962, Pub. L. 87-579, Sec. 6, 76 Stat. 
354).

                          Transfer of Functions

    Office of Commissioner of District of Columbia, as established under 
Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part), 32 F.R. 11669, 
81 Stat. 948, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, 
title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office 
of Mayor of District of Columbia by section 421 of Pub. L. 93-198.


Sec. 1910. Designations of replacement depositories; limitations 
        on numbers; conditions
        
    The designation of a library to replace a depository library, other 
than a depository library specifically designated by law, may be made 
only within the limitations on total numbers specified by section 1905 
of this title, and only when the library to be replaced ceases to exist, 
or when the library voluntarily relinquishes its depository status, or 
when the Superintendent of Documents determines that it no longer 
fulfills the conditions provided by law for depository libraries.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 84 (June 23, 1913, ch. 3, 
Sec. 5, 38 Stat. 75; Aug. 9, 1962, Pub. L. 87-579, Sec. 4, 76 Stat. 
353).


Sec. 1911. Free use of Government publications in depositories; 
        disposal of unwanted publications
        
    Depository libraries shall make Government publications available 
for the free use of the general public, and may dispose of them after 
retention for five years under section 1912 of this title, if the 
depository library is served by a regional depository library. 
Depository libraries not served by a regional depository library, or 
that are regional depository libraries themselves, shall retain 
Government publications permanently in either printed form or in 
microfacsimile form, except superseded publications or those issued 
later in bound form which may be discarded as authorized by the 
Superintendent of Documents.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 92 (part) (Jan. 12, 1895, ch. 
23, Sec. 74, 28 Stat. 620; June 20, 1936, ch. 630, title VII, Sec. 11, 
49 Stat. 1552; Aug. 9, 1962, Pub. L. 87-579, Sec. 8, 76 Stat. 355).
    The first sentence of section 92, is classified to section 1119; the 
remainder comprises this section of the revision.


Sec. 1912. Regional depositories; designation; functions; 
        disposal of publications
        
    Not more than two depository libraries in each State and the 
Commonwealth of Puerto Rico may be designated as regional depositories, 
and shall receive from the Superintendent of Documents copies of all new 
and revised Government publications authorized for distribution to 
depository libraries. Designation of regional depository libraries may 
be made by a Senator or the Resident Commissioner from Puerto Rico 
within the areas served by them, after approval by the head of the 
library authority of the State or the Commonwealth of Puerto Rico, as 
the case may be, who shall first ascertain from the head of the library 
to be so designated that the library will, in addition to fulfilling the 
requirements for depository libraries, retain at least one copy of all 
Government publications either in printed or microfacsimile form (except 
those authorized to be discarded by the Superintendent of Documents); 
and within the region served will provide interlibrary loan, reference 
service, and assistance for depository libraries in the disposal of 
unwanted Government publications. The agreement to function as a 
regional depository library shall be transmitted to the Superintendent 
of Documents by the Senator or the Resident Commissioner from Puerto 
Rico when the designation is made.
    The libraries designated as regional depositories may permit 
depository libraries, within the areas served by them, to dispose of 
Government publications which they have retained for five years after 
first offering them to other depository libraries within their area, 
then to other libraries.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 84a (Pub. L. 87-579, Sec. 9, 
Aug. 9, 1962, 76 Stat. 355.)


Sec. 1913. Appropriations for supplying depository libraries; 
        restriction
        
    Appropriations available for the Office of Superintendent of 
Documents may not be used to supply depository libraries documents, 
books, or other printed matter not requested by them, and their requests 
shall be subject to approval by the Superintendent of Documents.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 85a (June 27, 1956, ch. 453, 
Sec. 101, 70 Stat. 369).


Sec. 1914. Implementation of depository library program by 
        Public Printer
        
    The Public Printer, with the approval of the Joint Committee on 
Printing, as provided by section 103 of this title, may use any measures 
he considers necessary for the economical and practical implementation 
of this chapter.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 81c (Pub. L. 87-579, Sec. 10, 
Aug. 9, 1962, 76 Stat. 356).


Sec. 1915. Highest State appellate court libraries as depository 
        libraries
        
    Upon the request of the highest appellate court of a State, the 
Public Printer is authorized to designate the library of that court as a 
depository library. The provisions of section 1911 of this title shall 
not apply to any library so designated.

(Added Pub. L. 92-368, Sec. 1(a), Aug. 10, 1972, 86 Stat. 507.)


Sec. 1916. Designation of libraries of accredited law schools as 
        depository libraries
        
    (a) Upon the request of any accredited law school, the Public 
Printer shall designate the library of such law school as a depository 
library. The Public Printer may not make such designation unless he 
determines that the library involved meets the requirements of this 
chapter, other than those requirements of the first undesignated 
paragraph of section 1909 of this title which relate to the location of 
such library.
    (b) For purposes of this section, the term ``accredited law school'' 
means any law school which is accredited by a nationally recognized 
accrediting agency or association approved by the Commissioner of 
Education for such purpose or accredited by the highest appellate court 
of the State in which the law school is located.

(Added Pub. L. 95-261, Sec. 1, Apr. 17, 1978, 92 Stat. 199.)


                             Effective Date

    Section 3 of Pub. L. 95-261 provided that: ``The amendments made by 
this Act [enacting this section] shall take effect on October 1, 1978.''

                          Transfer of Functions

    Functions of Commissioner of Education transferred to Secretary of 
Education pursuant to section 3441(a)(1) of Title 20, Education.


        CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Sec.
2101.         Definitions.
2102.         Establishment.
2103.         Officers.
2104.         Administrative provisions.
2105.         Personnel and services.
2106.         Reports to Congress.
2107.         Acceptance of records for historical preservation.
2108.         Responsibility for custody, use, and withdrawal of 
                  records.
2109.         Preservation, arrangement, duplication, exhibition of 
                  records.
2110.         Servicing records.
2111.         Material accepted for deposit.
2112.         Presidential archival depository.
2113.         Depository for agreements between States.
2114.         Preservation of motion-picture films, still pictures, and 
                  sound recordings.
2115.         Reports; correction of violations.
2116.         Legal status of reproductions; official seal; fees for 
                  copies and reproductions.
2117.         Limitation on liability.
2118.         Records of Congress.
2119.         Cooperative agreements.


                               Amendments

    2004--Pub. L. 108-383, Sec. 5(b), Oct. 30, 2004, 118 Stat. 2219, 
added item 2119.
    1984--Pub. L. 98-497, title I, Sec. 102(c)(1), Oct. 19, 1984, 98 
Stat. 2282, amended analysis generally, substituting ``National Archives 
and Records'' in chapter heading, adding items 2102 to 2106 and 
redesignating former items 2103 to 2114 as 2107 to 2118, respectively.


Sec. 2101. Definitions

    As used in this chapter--
        (1) ``Presidential archival depository'' means an institution 
    operated by the United States to house and preserve the papers and 
    books of a President or former President of the United States, 
    together with other historical materials belonging to a President or 
    former President of the United States, or related to his papers or 
    to the events of his official or personal life, and may include 
    research facilities and museum facilities in accordance with this 
    chapter;
        (2) ``historical materials'' including books, correspondence, 
    documents, papers, pamphlets, works of art, models, pictures, 
    photographs, plats, maps, films, motion pictures, sound recordings, 
    and other objects or materials having historical or commemorative 
    value;
        (3) ``Archivist'' means the Archivist of the United States 
    appointed under section 2103 of this title; and
        (4) ``Administration'' means the National Archives and Records 
    Administration established under section 2102 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98-497, title I, 
Sec. 102(b), Oct. 19, 1984, 98 Stat. 2282; Pub. L. 99-323, Sec. 2, May 
27, 1986, 100 Stat. 495.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(j) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583, and amended July 12, 1962, ch. 703, Sec. 1(o), (p), 66 Stat. 
594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 
Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494; June 13, 1957, 
Pub. L. 85-51, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85-341, Sec. 1(1), 72 
Stat. 34).


                               Amendments

    1986--Par. (1). Pub. L. 99-323 inserted ``, and may include research 
facilities and museum facilities in accordance with this chapter'' after 
``or personal life''.
    1984--Pub. L. 98-497 substituted ``this chapter'' for ``sections 
2103-2113 of this title'', designated two existing paragraphs as pars. 
(1) and (2), respectively, and added pars. (3) and (4).


                    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.


Sec. 2102. Establishment

    There shall be an independent establishment in the executive branch 
of the Government to be known as the National Archives and Records 
Administration. The Administration shall be administered under the 
supervision and direction of the Archivist.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98-497, title I, 
Sec. 101, Oct. 19, 1984, 98 Stat. 2280.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 391(a) (June 30, 1949, ch. 
288, title I, Sec. 104, 63 Stat. 381).
    This section incorporates only the last sentence of paragraph (a) of 
former section 391. The balance of that section will be found in 
sections 1506, 2301, 2501, and 2902 of the revision.


                               Amendments

    1984--Pub. L. 98-497 substituted provisions directing that there 
shall be an independent establishment in the executive branch of the 
Government to be known as the National Archives and Records 
Administration and that the Administration shall be administered under 
the supervision and direction of the Archivist for provisions which had 
formerly directed only that the Administrator of General Services 
appoint the Archivist of the United States.


                    Effective Date of 1984 Amendment

    Section 301 of Pub. L. 98-497 provided that: ``The provisions of 
this Act [enacting sections 2103 to 2106 of this title and provisions 
set out as notes under this section and section 101 of this title, 
redesignating existing sections 2103 to 2114 as sections 2107 to 2118 of 
this title, amending this section, sections 710, 711, 729, 1501 to 1503, 
1506, 1714, 2101, 2107 to 2118, 2204, 2205, 2301 to 2305, 2307, 2501, 
2504, 2506, 2901 to 2909, 3102 to 3106, 3302 to 3303a, 3308, 3310, 3311, 
3504, and 3513 of this title, provisions set out as a note under section 
2111 of this title, sections 106a, 106b, 112, 113, and 201 of Title 1, 
General Provisions, sections 6 and 11 to 13 of Title 3, The President, 
sections 141 to 145 of Title 4, Flag and Seal, Seat of Government, and 
the States, sections 552a and 5314 of Title 5, Government Organization 
and Employees, section 199a of Title 25, Indians, and repealing section 
2507 of this title] (including the amendments made by this Act) shall be 
effective on April 1, 1985.''


                            Savings Provision

    Section 105 of Pub. L. 98-497 provided that:
    ``(a) All orders, determinations, rules, regulations, grants, 
contracts, agreements, permits, licenses, privileges, and other actions 
which have been issued, granted, made, undertaken, or entered into in 
the performance of any function transferred by this Act [Pub. L. 98-497] 
or the amendments made by this Act shall continue in effect according to 
their terms until modified, terminated, superseded, set aside, or 
revoked in accordance with law by any authorized official, a court of 
competent jurisdiction, or by operation of law.
    ``(b)(1) The transfer of functions by this Act [Pub. L. 98-497] and 
by the amendments made by this Act shall not affect any proceedings, 
including notices of proposed rulemaking, or any application for any 
license, permit, certificate, or financial assistance pending on the 
effective date of this Act [Apr. 1, 1985] before the General Services 
Administration; but such proceedings and applications, to the extent 
that they relate to the functions so transferred, shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursuant to such orders, as if 
this Act had not been enacted; and orders issued in any such proceedings 
shall continue in effect until modified, terminated, superseded, or 
revoked by the Archivist, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection shall be deemed to prohibit 
the discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    ``(2) The Archivist is authorized to promulgate regulations 
providing for the orderly transfer of proceedings continued under 
paragraph (1) from the General Services Administration to the 
Administration.
    ``(c) Except as provided in subsection (e)--
        ``(1) the provisions of this Act [Pub. L. 98-497] and of the 
    amendments made by this Act shall not affect actions commenced prior 
    to the effective date of this Act [Apr. 1, 1985], and
        ``(2) in all such actions, proceedings shall be had, appeals 
    taken, and judgments rendered in the same manner and effect as if 
    this Act had not been enacted.
    ``(d) No action or other proceeding lawfully commenced by or against 
any officer of the United States acting in the official capacity of such 
officer shall abate by reason of any transfer of functions by this Act 
[Pub. L. 98-497] or by an amendment made by this Act. No cause of action 
by or against the General Services Administration or by or against any 
officer thereof in the official capacity of such officer shall abate by 
reason of any such transfer of functions.
    ``(e) If, before the date on which this Act takes effect [Apr. 1, 
1985], the General Services Administration or any officer thereof in the 
official capacity of such officer, is a party to an action, and under 
this Act [Pub. L. 98-497] or the amendments made by this Act any 
function in connection with such action is transferred to the Archivist 
or any other official of the Administration, then such action shall be 
continued with the Archivist or other appropriate official of the 
Administration substituted or added as a party.
    ``(f) Orders and actions of the Archivist in the exercise of 
functions transferred by this Act [Pub. L. 98-497] or by amendments made 
by this Act shall be subject to judicial review to the same extent and 
in the same manner as if such orders and actions had been by the 
individual holding the office of Archivist of the United States on the 
day before the effective date of this Act [Apr. 1, 1985] or the 
Administrator of General Services in the exercise of such functions 
immediately preceding their transfer. Any statutory requirements 
relating to notice, hearings, action upon the record, or administrative 
review that apply to any function transferred by this Act or by any 
amendment made by this Act shall apply to the exercise of such function 
by the Archivist.''

   Transfer of Functions, Personnel, Assets, Liabilities, Contracts, 
            Property, Records, and Unexpended Balances, Etc.

    Sections 103, 104 of Pub. L. 98-497 provided that:
    ``Sec. 103. (a) The National Archives and Records Service of the 
General Services Administration is transferred to the National Archives 
and Records Administration.
    ``(b)(1) All functions which were assigned to the Administrator of 
General Services by section 6 of Executive Order No. 10530 of May 11, 
1954 (19 Fed. Reg. 2709 [set out as a note under section 301 of Title 3, 
The President]; relating to documents and the Administrative Committee 
of the Federal Register), and by Executive Order Nunbered [sic] 11440 of 
December 11, 1968 (33 Fed. Reg. 18475 [set out as a note under section 
2109 of this title]; relating to supplemental use of Federal exhibits 
and displays), shall be exercised by the Archivist of the United States.
    ``(2) All functions pertaining to the maintenance, operation, and 
protection of a Presidential archival depository which were assigned to 
the Administrator of General Services by the Act of September 6, 1965 
(Public Law 89-169, 79 Stat. 648) [set out as a note under section 2112 
of this title], relating to the Lyndon Baines Johnson Presidential 
Archival Depository, and by the Act of August 27, 1966 (Public Law 89-
547, 80 Stat. 370) [set out as a note under section 2112 of this title] 
and the Act of May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating 
to the John Fitzgerald Kennedy Library, shall be exercised by the 
Archivist of the United States.
    ``(c) In the exercise of the functions transferred by this Act [Pub. 
L. 98-497] and the amendments made by this Act, the Archivist shall have 
the same authority as had the Administrator of General Services prior to 
the transfer of such functions, and the actions of the Archivist shall 
have the same force and effect as when exercised by such Administrator.
    ``(d) Prior to the appointment and confirmation of an individual to 
serve as Archivist of the United States under section 2103 of title 44, 
United States Code, the individual holding the office of Archivist of 
the United States on the day before the effective date of this Act [Apr. 
1, 1985] may serve as Archivist under such section, and while so serving 
shall be compensated at the rate provided under subsection (b) of such 
section.
    ``Sec. 104. (a) Except as otherwise provided in this Act [Pub. L. 
98-497], the personnel employed in connection with, and the assets, 
liabilities, contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
held, used, arising from, available to or to be made available in 
connection with the functions and agencies transferred by this Act and 
the amendments made by this Act, subject to section 1531 of title 31, 
United States Code, are transferred to the Archivist for appropriate 
allocation. Pursuant to the preceding sentence, there shall be 
transferred to the Archivist for appropriate allocation (1) for the 
remainder of fiscal year 1985, an amount equal to not less than 
$2,760,000 (adjusted to reflect actual salaries and benefits of 
transferred employees and other costs) from the unexpended balances of 
the fiscal year 1985 funds and appropriations available to the General 
Services Administration, and (2) 115.5 full-time equivalent employee 
positions, of which not less than 30 percent shall be vacant. Unexpended 
funds transferred pursuant to this subsection shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.
    ``(b) The transfer pursuant to this title [title I (Sec. Sec. 101-
108) of Pub. L. 98-497] of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employees to be separated or reduced 
in grade or compensation for one year after such transfer or after the 
effective date of this Act [Apr. 1, 1985], whichever is later.''


  Establishment of Positions of Director of the Center for Legislative 
            Archives and Specialist in Congressional History

    Pub. L. 101-509, title IV, Sec. 1(a)-(c), Nov. 5, 1990, 104 Stat. 
1416, 1417, as amended by Pub. L. 103-329, title V, Sec. 541, Sept. 30, 
1994, 108 Stat. 2415, provided that:
    ``(a)(1) The Director of the Center for Legislative Archives within 
the National Archives and Records Administration shall be established 
without regard to chapter 51 of title 5 and shall be paid at a rate 
determined without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5 governing General Schedule classification 
and pay rates: Provided, That such pay shall be no less than 120 percent 
of the rate of pay for GS-15, step 1 of the General Schedule nor more 
than the rate of pay in effect for level one of the Senior Executive 
Schedule.
    ``(2) There is established within the Center for Legislative 
Archives within the National Archives and Records Administration the 
position of Specialist in Congressional History.
    ``(b) There shall be made available from funds appropriated in each 
fiscal year to the National Archives and Records Administration, $20,000 
for the administrative expenses of the Advisory Committee on the Records 
of Congress established under section 2701 of title 44, United States 
Code.
    ``(c) There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of subsections (a) and (b) of this 
section.''


                        References in Other Laws

    Section 106 of Pub. L. 98-497 provided that: ``With respect to any 
functions transferred by this Act [Pub. L. 98-497] or by an amendment 
made by this Act and exercised after the effective date of this Act 
[Apr. 1, 1985], reference in any other Federal law to the office of the 
Archivist of the United States as in existence on the date before the 
effective date of this Act, or the National Archives and Records Service 
of the General Services Administration, or any office or officer 
thereof, shall be deemed to refer to the Archivist or the 
Administration.''


                           Spending Authority

    Section 302 of Pub. L. 98-497 provided that: ``Any new spending 
authority (within the meaning of section 401 of the Congressional Budget 
Act of 1974 [2 U.S.C. 651]) which is provided under this Act shall be 
effective for any fiscal year only to the extent or in such amounts as 
provided in appropriations Acts.''


                               Definitions

    Section 108 of Pub. L. 98-497 provided that: ``For purposes of 
sections 103 through 106 [set out as notes above]--
        ``(1) the term `Archivist' means the Archivist of the United 
    States appointed under section 2103 of title 44, United States Code, 
    as added by section 102(a)(2) of this Act;
        ``(2) the term `Administration' means the National Archives and 
    Records Administration established under section 2102 of such title 
    (as amended by section 101 of this Act); and
        ``(3) the term `function' includes any duty, obligation, power, 
    authority, responsibility, right, privilege, activity, or program.''


Sec. 2103. Officers

    (a) The Archivist of the United States shall be appointed by the 
President by and with the advice and consent of the Senate. The 
Archivist shall be appointed without regard to political affiliations 
and solely on the basis of the professional qualifications required to 
perform the duties and responsibilities of the office of Archivist. The 
Archivist may be removed from office by the President. The President 
shall communicate the reasons for any such removal to each House of the 
Congress.
    (b) The Archivist shall be compensated at the rate provided for 
level III of the Executive Schedule under section 5314 of title 5.
    (c) There shall be in the Administration a Deputy Archivist of the 
United States, who shall be appointed by and who shall serve at the 
pleasure of the Archivist. The Deputy Archivist shall be established as 
a career reserved position in the Senior Executive Service within the 
meaning of section 3132(a)(8) of title 5. The Deputy Archivist shall 
perform such functions as the Archivist shall designate. During any 
absence or disability of the Archivist, the Deputy Archivist shall act 
as Archivist. In the event of a vacancy in the office of the Archivist, 
the Deputy Archivist shall act as Archivist until an Archivist is 
appointed under subsection (a).

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98 Stat. 
2280.)


                            Prior Provisions

    A prior section 2103 was renumbered section 2107 of this title.


                             Effective Date

    Section effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, 
set out as an Effective Date of 1984 Amendment note under section 2102 
of this title.


Sec. 2104. Administrative provisions

    (a) The Archivist shall prescribe such regulations as the Archivist 
deems necessary to effectuate the functions of the Archivist, and the 
head of each executive agency shall cause to be issued such orders and 
directives as such agency head deems necessary to carry out such 
regulations.
    (b) Except as otherwise expressly provided by law, the Archivist may 
delegate any of the functions of the Archivist to such officers and 
employees of the Administration as the Archivist may designate, and may 
authorize such successive redelegations of such functions as the 
Archivist may deem to be necessary or appropriate. A delegation of 
functions by the Archivist shall not relieve the Archivist of 
responsibility for the administration of such functions.
    (c) The Archivist may organize the Administration as the Archivist 
finds necessary or appropriate.
    (d) The Archivist is authorized to establish, maintain, alter, or 
discontinue such regional, local, or other field offices as the 
Archivist finds necessary or appropriate to perform the functions of the 
Archivist or the Administration.
    (e) The Archivist shall cause a seal of office to be made for the 
Administration of such design as the Archivist shall approve. Judicial 
notice shall be taken of such seal.
    (f) The Archivist may establish advisory committees to provide 
advice with respect to any function of the Archivist or the 
Administration. Members of any such committee shall serve without 
compensation but shall be entitled to transportation expenses and per 
diem in lieu of subsistence in accordance with section 5703 of title 5.
    (g) The Archivist shall advise and consult with interested Federal 
agencies with a view to obtaining their advice and assistance in 
carrying out the purposes of this chapter.
    (h) If authorized by the Archivist, officers and employees of the 
Administration having investigatory functions are empowered, while 
engaged in the performance of their duties in conducting investigations, 
to administer oaths.

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98 Stat. 
2281.)


                            Prior Provisions

    A prior section 2104 was renumbered section 2108 of this title.


                             Effective Date

    Section effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, 
set out as an Effective Date of 1984 Amendment note under section 2102 
of this title.

                    Emergency Preparedness Functions

    For assignment of certain emergency preparedness functions to 
Archivist of United States, see Parts 1, 2, and 20 of Ex. Ord. No. 
12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 
5195 of Title 42, The Public Health and Welfare.


Sec. 2105. Personnel and services

    (a)(1) The Archivist is authorized to select, appoint, employ, and 
fix the compensation of such officers and employees, pursuant to part 
III of title 5, as are necessary to perform the functions of the 
Archivist and the Administration.
    (2) Notwithstanding paragraph (1), the Archivist is authorized to 
appoint, subject to the consultation requirements set forth in paragraph 
(f)(2) of section 2203 of this title, a director at each Presidential 
archival depository established under section 2112 of this title. The 
Archivist may appoint a director without regard to subchapter I and 
subchapter VIII of chapter 33 of title 5, United States Code, governing 
appointments in the competitive service and the Senior Executive 
Service. A director so appointed shall be responsible for the care and 
preservation of the Presidential records and historical materials 
deposited in a Presidential archival depository, shall serve at the 
pleasure of the Archivist and shall perform such other functions as the 
Archivist may specify.
    (b) The Archivist is authorized to obtain the services of experts 
and consultants under section 3109 of title 5.
    (c) Notwithstanding the provisions of section 973 of title 10 or any 
other provision of law, the Archivist, in carrying out the functions of 
the Archivist or the Administration, is authorized to utilize in the 
Administration the services of officials, officers, and other personnel 
in other Federal agencies, including personnel of the armed services, 
with the consent of the head of the agency concerned.
    (d) Notwithstanding section 1342 of title 31, United States Code, 
the Archivist is authorized to accept and utilize voluntary and 
uncompensated services.

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98 Stat. 
2281; amended Pub. L. 107-67, title VI, Sec. 649, Nov. 12, 2001, 115 
Stat. 556.)


                            Prior Provisions

    A prior section 2105 was renumbered section 2109 of this title.


                               Amendments

    2001--Subsec. (a). Pub. L. 107-67 amended subsec. (a) generally, 
designating existing provisions as par. (1) and adding par. (2).


                             Effective Date

    Section effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, 
set out as an Effective Date of 1984 Amendment note under section 2102 
of this title.


Sec. 2106. Reports to Congress

    The Archivist shall submit to the Congress, in January of each year 
and at such other times as the Archivist finds appropriate, a report 
concerning the administration of functions of the Archivist, the 
Administration, the National Historical Publications and Records 
Commission, and the National Archives Trust Fund. Such report shall 
describe--
        (1) program administration and expenditures of funds, both 
    appropriated and nonappropriated, by the Administration, the 
    Commission, and the Trust Fund Board;
        (2) research projects and publications undertaken by Commission 
    grantees, and by Trust Fund grantees, including detailed information 
    concerning the receipt and use of all appropriated and 
    nonappropriated funds;
        (3) by account, the moneys, securities, and other personal 
    property received and held by the National Archives Trust Fund 
    Board, and of its operations, including a listing of the purposes 
    for which funds are transferred to the National Archives and Records 
    Administration for expenditure to other Federal agencies; and
        (4) the matters specified in section 2904(c)(8) of this title.

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98 Stat. 
2282.)


                            Prior Provisions

    A prior section 2106 was renumbered section 2110 of this title.


                             Effective Date

    Section effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, 
set out as an Effective Date of 1984 Amendment note under section 2102 
of this title.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in this 
section relating to the requirement that the Archivist submit a report 
to Congress in January of each year, 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 last item on page 179 of House Document No. 103-7.


Sec. 2107. Acceptance of records for historical preservation

    When it appears to the Archivist to be in the public interest, he 
may--
        (1) accept for deposit with the National Archives of the United 
    States the records of a Federal agency, the Congress, the Architect 
    of the Capitol, or the Supreme Court determined by the Archivist of 
    the United States to have sufficient historical or other value to 
    warrant their continued preservation by the United States 
    Government;
        (2) direct and effect the transfer to the National Archives of 
    the United States of records of a Federal agency that have been in 
    existence for more than thirty years and determined by the Archivist 
    of the United States to have sufficient historical or other value to 
    warrant their continued preservation by the United States 
    Government, unless the head of the agency which has custody of them 
    certified in writing to the Archivist that they must be retained in 
    his custody for use in the conduct of the regular current business 
    of the agency;
        (3) direct and effect, with the approval of the head of the 
    originating agency, or if the existence of the agency has been 
    terminated, then with the approval of his successor in function, if 
    any, the transfer of records, deposited or approved for deposit with 
    the National Archives of the United States to public or educational 
    institutions or associations; title to the records to remain vested 
    in the United States unless otherwise authorized by Congress; and
        (4) transfer materials from private sources authorized to be 
    received by the Archivist by section 2111 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287, Sec. 2103; Pub. L. 94-
575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95-416, Sec. 1(a), 
Oct. 5, 1978, 92 Stat. 915; renumbered Sec. 2107 and amended Pub. L. 98-
497, title I, Sec. Sec. 102(a)(1), 107(a)(1), Oct. 19, 1984, 98 Stat. 
2280, 2285.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(a) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p), 66 Stat. 
594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 
Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494; June 13, 1957, 
Pub. L. 85-51, 71 Stat. 69).


                            Prior Provisions

    A prior section 2107 was renumbered section 2111 of this title.


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(1), substituted ``Archivist'' for 
``Administrator of General Services'' in provisions preceding par. (1), 
substituted ``, the Congress, the Architect of the Capitol, or the 
Supreme Court'' for ``or of the Congress'' in par. (1), substituted 
``Archivist'' for ``Administrator'' in par. (2), and substituted 
``Archivist'' for ``Administrator'' and ``section 2111'' for ``section 
2107'' in par. (4).
    1978--Par. (2). Pub. L. 95-416 substituted ``thirty years'' for 
``fifty years''.
    1976--Par. (4). Pub. L. 94-575 substituted reference to section 
``2107'' for ``3106''.


                    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.


                      Short Title of 1994 Amendment

    Pub. L. 103-345, Sec. 1, Oct. 6, 1994, 108 Stat. 3128, provided 
that: ``This Act [amending provisions set out as a note below] may be 
cited as the `President John F. Kennedy Assassination Records Collection 
Extension Act of 1994'.''


       President John F. Kennedy Assassination Records Collection

    Pub. L. 102-526, Oct. 26, 1992, 106 Stat. 3443, as amended by Pub. 
L. 103-345, Sec. Sec. 2-5, Oct. 6, 1994, 108 Stat. 3128-3130; Pub. L. 
105-25, Sec. 1, July 3, 1997, 111 Stat. 240; Pub. L. 109-313, 
Sec. 2(c)(1), Oct. 6, 2006, 120 Stat. 1735, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `President John F. Kennedy 
Assassination Records Collection Act of 1992'.
``SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.
    ``(a) Findings and Declarations.--The Congress finds and declares 
that--
        ``(1) all Government records related to the assassination of 
    President John F. Kennedy should be preserved for historical and 
    governmental purposes;
        ``(2) all Government records concerning the assassination of 
    President John F. Kennedy should carry a presumption of immediate 
    disclosure, and all records should be eventually disclosed to enable 
    the public to become fully informed about the history surrounding 
    the assassination;
        ``(3) legislation is necessary to create an enforceable, 
    independent, and accountable process for the public disclosure of 
    such records;
        ``(4) legislation is necessary because congressional records 
    related to the assassination of President John F. Kennedy would not 
    otherwise be subject to public disclosure until at least the year 
    2029;
        ``(5) legislation is necessary because the Freedom of 
    Information Act [5 U.S.C. 552], as implemented by the executive 
    branch, has prevented the timely public disclosure of records 
    relating to the assassination of President John F. Kennedy;
        ``(6) legislation is necessary because Executive Order No. 12356 
    [50 U.S.C. 435 note], entitled `National Security Information' has 
    eliminated the declassification and downgrading schedules relating 
    to classified information across government and has prevented the 
    timely public disclosure of records relating to the assassination of 
    President John F. Kennedy; and
        ``(7) most of the records related to the assassination of 
    President John F. Kennedy are almost 30 years old, and only in the 
    rarest cases is there any legitimate need for continued protection 
    of such records.
    ``(b) Purposes.--The purposes of this Act are--
        ``(1) to provide for the creation of the President John F. 
    Kennedy Assassination Records Collection at the National Archives 
    and Records Administration; and
        ``(2) to require the expeditious public transmission to the 
    Archivist and public disclosure of such records.
``SEC. 3. DEFINITIONS.
    ``In this Act:
        ``(1) `Archivist' means the Archivist of the United States.
        ``(2) `Assassination record' means a record that is related to 
    the assassination of President John F. Kennedy, that was created or 
    made available for use by, obtained by, or otherwise came into the 
    possession of--
            ``(A) the Commission to Investigate the Assassination of 
        President John F. Kennedy (the `Warren Commission');
            ``(B) the Commission on Central Intelligence Agency 
        Activities Within the United States (the `Rockefeller 
        Commission');
            ``(C) the Senate Select Committee to Study Governmental 
        Operations with Respect to Intelligence Activities (the `Church 
        Committee');
            ``(D) the Select Committee on Intelligence (the `Pike 
        Committee') of the House of Representatives;
            ``(E) the Select Committee on Assassinations (the `House 
        Assassinations Committee') of the House of Representatives;
            ``(F) the Library of Congress;
            ``(G) the National Archives and Records Administration;
            ``(H) any Presidential library;
            ``(I) any Executive agency;
            ``(J) any independent agency;
            ``(K) any other office of the Federal Government; and
            ``(L) any State or local law enforcement office that 
        provided support or assistance or performed work in connection 
        with a Federal inquiry into the assassination of President John 
        F. Kennedy,
    but does not include the autopsy records donated by the Kennedy 
    family to the National Archives pursuant to a deed of gift 
    regulating access to those records, or copies and reproductions made 
    from such records.
        ``(3) `Collection' means the President John F. Kennedy 
    Assassination Records Collection established under section 4.
        ``(4) `Executive agency' means an Executive agency as defined in 
    subsection 552(f) of title 5, United States Code, and includes any 
    Executive department, military department, Government corporation, 
    Government controlled corporation, or other establishment in the 
    executive branch of the Government, including the Executive Office 
    of the President, or any independent regulatory agency.
        ``(5) `Government office' means any office of the Federal 
    Government that has possession or control of assassination records, 
    including--
            ``(A) the House Committee on Administration with regard to 
        the Select Committee on Assassinations of the records of the 
        House of Representatives;
            ``(B) the Select Committee on Intelligence of the Senate 
        with regard to records of the Senate Select Committee to Study 
        Governmental Operations with Respect to Intelligence Activities 
        and other assassination records;
            ``(C) the Library of Congress;
            ``(D) the National Archives as custodian of assassination 
        records that it has obtained or possesses, including the 
        Commission to Investigate the Assassination of President John F. 
        Kennedy and the Commission on Central Intelligence Agency 
        Activities in the United States; and
            ``(E) any other executive branch office or agency, and any 
        independent agency.
        ``(6) `Identification aid' means the written description 
    prepared for each record as required in section 4.
        ``(7) `National Archives' means the National Archives and 
    Records Administration and all components thereof, including 
    Presidential archival depositories established under section 2112 of 
    title 44, United States Code.
        ``(8) `Official investigation' means the reviews of the 
    assassination of President John F. Kennedy conducted by any 
    Presidential commission, any authorized congressional committee, and 
    any Government agency either independently, at the request of any 
    Presidential commission or congressional committee, or at the 
    request of any Government official.
        ``(9) `Originating body' means the Executive agency, government 
    commission, congressional committee, or other governmental entity 
    that created a record or particular information within a record.
        ``(10) `Public interest' means the compelling interest in the 
    prompt public disclosure of assassination records for historical and 
    governmental purposes and for the purpose of fully informing the 
    American people about the history surrounding the assassination of 
    President John F. Kennedy.
        ``(11) `Record' includes a book, paper, map, photograph, sound 
    or video recording, machine readable material, computerized, 
    digitized, or electronic information, regardless of the medium on 
    which it is stored, or other documentary material, regardless of its 
    physical form or characteristics.
        ``(12) `Review Board' means the Assassination Records Review 
    Board established by section 7.
        ``(13) `Third agency' means a Government agency that originated 
    an assassination record that is in the possession of another agency.
``SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION AT 
        THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
    ``(a) In General.--(1) Not later than 60 days after the date of 
enactment of this Act [Oct. 26, 1992], the National Archives and Records 
Administration shall commence establishment of a collection of records 
to be known as the President John F. Kennedy Assassination Records 
Collection. In so doing, the Archivist shall ensure the physical 
integrity and original provenance of all records. The Collection shall 
consist of record copies of all Government records relating to the 
assassination of President John F. Kennedy, which shall be transmitted 
to the National Archives in accordance with section 2107 of title 44, 
United States Code. The Archivist shall prepare and publish a subject 
guidebook and index to the collection.
    ``(2) The Collection shall include--
        ``(A) all assassination records--
            ``(i) that have been transmitted to the National Archives or 
        disclosed to the public in an unredacted form prior to the date 
        of enactment of this Act;
            ``(ii) that are required to be transmitted to the National 
        Archives; or
            ``(iii) the disclosure of which is postponed under this Act;
        ``(B) a central directory comprised of identification aids 
    created for each record transmitted to the Archivist under section 
    5; and
        ``(C) all Review Board records as required by this Act.
    ``(b) Disclosure of Records.--All assassination records transmitted 
to the National Archives for disclosure to the public shall be included 
in the Collection and shall be available to the public for inspection 
and copying at the National Archives within 30 days after their 
transmission to the National Archives.
    ``(c) Fees for Copying.--The Archivist shall--
        ``(1) charge fees for copying assassination records; and
        ``(2) grant waivers of such fees pursuant to the standards 
    established by section 552(a)(4) of title 5, United States Code.
    ``(d) Additional Requirements.--(1) The Collection shall be 
preserved, protected, archived, and made available to the public at the 
National Archives using appropriations authorized, specified, and 
restricted for use under the terms of this Act.
    ``(2) The National Archives, in consultation with the Information 
Security Oversight Office, shall ensure the security of the postponed 
assassination records in the Collection.
    ``(e) Oversight.--The Committee on Government Operations [now 
Committee on Oversight and Government Reform] of the House of 
Representatives and the Committee on Governmental Affairs [now Committee 
on Homeland Security and Governmental Affairs] of the Senate shall have 
continuing oversight jurisdiction with respect to the Collection.
``SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES, 
        AND PUBLIC DISCLOSURE OF ASSASSINATION RECORDS BY GOVERNMENT 
        OFFICES.
    ``(a) In General.--(1) As soon as practicable after the date of 
enactment of this Act [Oct. 26, 1992], each Government office shall 
identify and organize its records relating to the assassination of 
President John F. Kennedy and prepare them for transmission to the 
Archivist for inclusion in the Collection.
    ``(2) No assassination record shall be destroyed, altered, or 
mutilated in any way.
    ``(3) No assassination record made available or disclosed to the 
public prior to the date of enactment of this Act may be withheld, 
redacted, postponed for public disclosure, or reclassified.
    ``(4) No assassination record created by a person or entity outside 
government (excluding names or identities consistent with the 
requirements of section 6) shall be withheld, redacted, postponed for 
public disclosure, or reclassified.
    ``(b) Custody of Assassination Records Pending Review.--During the 
review by Government offices and pending review activity by the Review 
Board, each Government office shall retain custody of its assassination 
records for purposes of preservation, security, and efficiency, unless--
        ``(1) the Review Board requires the physical transfer of records 
    for purposes of conducting an independent and impartial review;
        ``(2) transfer is necessary for an administrative hearing or 
    other Review Board function; or
        ``(3) it is a third agency record described in subsection 
    (c)(2)(C).
    ``(c) Review.--(1) Not later than 300 days after the date of 
enactment of this Act [Oct. 26, 1992], each Government office shall 
review, identify and organize each assassination record in its custody 
or possession for disclosure to the public, review by the Review Board, 
and transmission to the Archivist.
    ``(2) In carrying out paragraph (1), a Government office shall--
        ``(A) determine which of its records are assassination records;
        ``(B) determine which of its assassination records have been 
    officially disclosed or publicly available in a complete and 
    unredacted form;
        ``(C)(i) determine which of its assassination records, or 
    particular information contained in such a record, was created by a 
    third agency or by another Government office; and
        ``(ii) transmit to a third agency or other Government office 
    those records, or particular information contained in those records, 
    or complete and accurate copies thereof;
        ``(D)(i) determine whether its assassination records or 
    particular information in assassination records are covered by the 
    standards for postponement of public disclosure under this Act; and
        ``(ii) specify on the identification aid required by subsection 
    (d) the applicable postponement provision contained in section 6;
        ``(E) organize and make available to the Review Board all 
    assassination records identified under subparagraph (D) the public 
    disclosure of which in whole or in part may be postponed under this 
    Act;
        ``(F) organize and make available to the Review Board any record 
    concerning which the office has any uncertainty as to whether the 
    record is an assassination record governed by this Act;
        ``(G) give priority to--
            ``(i) the identification, review, and transmission of all 
        assassination records publicly available or disclosed as of the 
        date of enactment of this Act in a redacted or edited form; and
            ``(ii) the identification, review, and transmission, under 
        the standards for postponement set forth in this Act, of 
        assassination records that on the date of enactment of this Act 
        are the subject of litigation under section 552 of title 5, 
        United States Code; and
        ``(H) make available to the Review Board any additional 
    information and records that the Review Board has reason to believe 
    it requires for conducting a review under this Act.
    ``(3) The Director of each archival depository established under 
section 2112 of title 44, United States Code, shall have as a priority 
the expedited review for public disclosure of assassination records in 
the possession and custody of the depository, and shall make such 
records available to the Review Board as required by this Act.
    ``(d) Identification Aids.--(1)(A) Not later than 45 days after the 
date of enactment of this Act [Oct. 26, 1992], the Archivist, in 
consultation with the appropriate Government offices, shall prepare and 
make available to all Government offices a standard form of 
identification or finding aid for use with each assassination record 
subject to review under this Act.
    ``(B) The Archivist shall ensure that the identification aid program 
is established in such a manner as to result in the creation of a 
uniform system of electronic records by Government offices that are 
compatible with each other.
    ``(2) Upon completion of an identification aid, a Government office 
shall--
        ``(A) attach a printed copy to the record it describes;
        ``(B) transmit to the Review Board a printed copy; and
        ``(C) attach a printed copy to each assassination record it 
    describes when it is transmitted to the Archivist.
    ``(3) Assassination records which are in the possession of the 
National Archives on the date of enactment of this Act, and which have 
been publicly available in their entirety without redaction, shall be 
made available in the Collection without any additional review by the 
Review Board or another authorized office under this Act, and shall not 
be required to have such an identification aid unless required by the 
Archivist.
    ``(e) Transmission to the National Archives.--Each Government office 
shall--
        ``(1) transmit to the Archivist, and make immediately available 
    to the public, all assassination records that can be publicly 
    disclosed, including those that are publicly available on the date 
    of enactment of this Act [Oct. 26, 1992], without any redaction, 
    adjustment, or withholding under the standards of this Act; and
        ``(2) transmit to the Archivist upon approval for postponement 
    by the Review Board or upon completion of other action authorized by 
    this Act, all assassination records the public disclosure of which 
    has been postponed, in whole or in part, under the standards of this 
    Act, to become part of the protected Collection.
    ``(f) Custody of Postponed Assassination Records.--An assassination 
record the public disclosure of which has been postponed shall, pending 
transmission to the Archivist, be held for reasons of security and 
preservation by the originating body until such time as the information 
security program has been established at the National Archives as 
required in section 4(e)(2).
    ``(g) Periodic Review of Postponed Assassination Records.--(1) All 
postponed or redacted records shall be reviewed periodically by the 
originating agency and the Archivist consistent with the recommendations 
of the Review Board under section 9(c)(3)(B).
    ``(2)(A) A periodic review shall address the public disclosure of 
additional assassination records in the Collection under the standards 
of this Act.
    ``(B) All postponed assassination records determined to require 
continued postponement shall require an unclassified written description 
of the reason for such continued postponement. Such description shall be 
provided to the Archivist and published in the Federal Register upon 
determination.
    ``(C) The periodic review of postponed assassination records shall 
serve to downgrade and declassify security classified information.
    ``(D) Each assassination record shall be publicly disclosed in full, 
and available in the Collection no later than the date that is 25 years 
after the date of enactment of this Act [Oct. 26, 1992], unless the 
President certifies, as required by this Act, that--
        ``(i) continued postponement is made necessary by an 
    identifiable harm to the military defense, intelligence operations, 
    law enforcement, or conduct of foreign relations; and
        ``(ii) the identifiable harm is of such gravity that it 
    outweighs the public interest in disclosure.
    ``(h) Fees for Copying.--Executive branch agencies shall--
        ``(1) charge fees for copying assassination records; and
        ``(2) grant waivers of such fees pursuant to the standards 
    established by section 552(a)(4) of title 5, United States Code.
``SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
    ``Disclosure of assassination records or particular information in 
assassination records to the public may be postponed subject to the 
limitations of this Act if there is clear and convincing evidence that--
        ``(1) the threat to the military defense, intelligence 
    operations, or conduct of foreign relations of the United States 
    posed by the public disclosure of the assassination record is of 
    such gravity that it outweighs the public interest, and such public 
    disclosure would reveal--
            ``(A) an intelligence agent whose identity currently 
        requires protection;
            ``(B) an intelligence source or method which is currently 
        utilized, or reasonably expected to be utilized, by the United 
        States Government and which has not been officially disclosed, 
        the disclosure of which would interfere with the conduct of 
        intelligence activities; or
            ``(C) any other matter currently relating to the military 
        defense, intelligence operations or conduct of foreign relations 
        of the United States, the disclosure of which would demonstrably 
        impair the national security of the United States;
        ``(2) the public disclosure of the assassination record would 
    reveal the name or identity of a living person who provided 
    confidential information to the United States and would pose a 
    substantial risk of harm to that person;
        ``(3) the public disclosure of the assassination record could 
    reasonably be expected to constitute an unwarranted invasion of 
    personal privacy, and that invasion of privacy is so substantial 
    that it outweighs the public interest;
        ``(4) the public disclosure of the assassination record would 
    compromise the existence of an understanding of confidentiality 
    currently requiring protection between a Government agent and a 
    cooperating individual or a foreign government, and public 
    disclosure would be so harmful that it outweighs the public 
    interest; or
        ``(5) the public disclosure of the assassination record would 
    reveal a security or protective procedure currently utilized, or 
    reasonably expected to be utilized, by the Secret Service or another 
    Government agency responsible for protecting Government officials, 
    and public disclosure would be so harmful that it outweighs the 
    public interest.
``SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION RECORDS REVIEW 
        BOARD.
    ``(a) Establishment.--There is established as an independent agency 
a board to be known as the Assassinations Records Review Board.
    ``(b) Appointment.--(1) The President, by and with the advice and 
consent of the Senate, shall appoint, without regard to political 
affiliation, 5 citizens to serve as members of the Review Board to 
ensure and facilitate the review, transmission to the Archivist, and 
public disclosure of Government records related to the assassination of 
President John F. Kennedy.
    ``(2) The President shall make nominations to the Review Board not 
later than 90 calendar days after the date of enactment of this Act 
[Oct. 26, 1992].
    ``(3) If the Senate votes not to confirm a nomination to the Review 
Board, the President shall make an additional nomination not later than 
30 days thereafter.
    ``(4)(A) The President shall make nominations to the Review Board 
after considering persons recommended by the American Historical 
Association, the Organization of American Historians, the Society of 
American Archivists, and the American Bar Association.
    ``(B) If an organization described in subparagraph (A) does not 
recommend at least 2 nominees meeting the qualifications stated in 
paragraph (5) by the date that is 45 days after the date of enactment of 
this Act, the President shall consider for nomination the persons 
recommended by the other organizations described in subparagraph (A).
    ``(C) The President may request an organization described in 
subparagraph (A) to submit additional nominations.
    ``(5) Persons nominated to the Review Board--
        ``(A) shall be impartial private citizens, none of whom is 
    presently employed by any branch of the Government, and none of whom 
    shall have had any previous involvement with any official 
    investigation or inquiry conducted by a Federal, State, or local 
    government, relating to the assassination of President John F. 
    Kennedy;
        ``(B) shall be distinguished persons of high national 
    professional reputation in their respective fields who are capable 
    of exercising the independent and objective judgment necessary to 
    the fulfillment of their role in ensuring and facilitating the 
    review, transmission to the public, and public disclosure of records 
    related to the assassination of President John F. Kennedy and who 
    possess an appreciation of the value of such material to the public, 
    scholars, and government; and
        ``(C) shall include at least 1 professional historian and 1 
    attorney.
    ``(c) Security Clearances.--(1) All Review Board nominees shall be 
granted the necessary security clearances in an accelerated manner 
subject to the standard procedures for granting such clearances.
    ``(2) All nominees shall qualify for the necessary security 
clearance prior to being considered for confirmation by the Committee on 
Governmental Affairs [now Committee on Homeland Security and 
Governmental Affairs] of the Senate.
    ``(d) Confirmation Hearings.--(1) The Committee on Governmental 
Affairs [now Committee on Homeland Security and Governmental Affairs] of 
the Senate shall hold confirmation hearings within 30 days in which the 
Senate is in session after the nomination of 3 Review Board members.
    ``(2) The Committee on Governmental Affairs shall vote on the 
nominations within 14 days in which the Senate is in session after the 
confirmation hearings, and shall report its results to the full Senate 
immediately.
    ``(3) The Senate shall vote on each nominee to confirm or reject 
within 14 days in which the Senate is in session after reported by the 
Committee on Governmental Affairs.
    ``(e) Vacancy.--A vacancy on the Review Board shall be filled in the 
same manner as specified for original appointment within 30 days of the 
occurrence of the vacancy.
    ``(f) Chairperson.--The Members of the Review Board shall elect one 
of its members as chairperson at its initial meeting.
    ``(g) Removal of Review Board Member.--(1) No member of the Review 
Board shall be removed from office, other than--
        ``(A) by impeachment and conviction; or
        ``(B) by the action of the President for inefficiency, neglect 
    of duty, malfeasance in office, physical disability, mental 
    incapacity, or any other condition that substantially impairs the 
    performance of the member's duties.
    ``(2)(A) If a member of the Review Board is removed from office, and 
that removal is by the President, not later than 10 days after the 
removal the President shall submit to the Committee on Government 
Operations [now Committee on Oversight and Government Reform] of the 
House of Representatives and the Committee on Governmental Affairs [now 
Committee on Homeland Security and Governmental Affairs] of the Senate a 
report specifying the facts found and the grounds for the removal.
    ``(B) The President shall publish in the Federal Register a report 
submitted under paragraph (2)(A), except that the President may, if 
necessary to protect the rights of a person named in the report or to 
prevent undue interference with any pending prosecution, postpone or 
refrain from publishing any or all of the report until the completion of 
such pending cases or pursuant to privacy protection requirements in 
law.
    ``(3)(A) A member of the Review Board removed from office may obtain 
judicial review of the removal in a civil action commenced in the United 
States District Court for the District of Columbia.
    ``(B) The member may be reinstated or granted other appropriate 
relief by order of the court.
    ``(h) Compensation of Members.--(1) A member of the Review Board 
shall be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each day 
(including travel time) during which the member is engaged in the 
performance of the duties of the Review Board.
    ``(2) A member of the Review Board shall be allowed reasonable 
travel expenses, including per diem in lieu of subsistence, at rates for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from the member's home or regular place 
of business in the performance of services for the Review Board.
    ``(i) Duties of the Review Board.--(1) The Review Board shall 
consider and render decisions on a determination by a Government office 
to seek to postpone the disclosure of assassination records.
    ``(2) In carrying out paragraph (1), the Review Board shall consider 
and render decisions--
        ``(A) whether a record constitutes an assassination record; and
        ``(B) whether an assassination record or particular information 
    in a record qualifies for postponement of disclosure under this Act.
    ``(j) Powers.--(1) The Review Board shall have the authority to act 
in a manner prescribed under this Act including authority to--
        ``(A) direct Government offices to complete identification aids 
    and organize assassination records;
        ``(B) direct Government offices to transmit to the Archivist 
    assassination records as required under this Act, including 
    segregable portions of assassination records, and substitutes and 
    summaries of assassination records that can be publicly disclosed to 
    the fullest extent;
        ``(C)(i) obtain access to assassination records that have been 
    identified and organized by a Government office;
        ``(ii) direct a Government office to make available to the 
    Review Board, and if necessary investigate the facts surrounding, 
    additional information, records, or testimony from individuals, 
    which the Review Board has reason to believe is required to fulfill 
    its functions and responsibilities under this Act; and
        ``(iii) request the Attorney General to subpoena private persons 
    to compel testimony, records, and other information relevant to its 
    responsibilities under this Act;
        ``(D) require any Government office to account in writing for 
    the destruction of any records relating to the assassination of 
    President John F. Kennedy;
        ``(E) receive information from the public regarding the 
    identification and public disclosure of assassination records;
        ``(F) hold hearings, administer oaths, and subpoena witnesses 
    and documents; and
        ``(G) use the Federal Acquisition Service in the same manner and 
    under the same conditions as other departments and agencies of the 
    United States; and
        ``(H) use the United States mails in the same manner and under 
    the same conditions as other departments and agencies of the United 
    States.
    ``(2) A subpoena issued under paragraph (1)(C)(iii) may be enforced 
by any appropriate Federal court acting pursuant to a lawful request of 
the Review Board.
    ``(k) Witness Immunity.--The Review Board shall be considered to be 
an agency of the United States for purposes of section 6001 of title 18, 
United States Code.
    ``(l) Oversight.--(1) The Committee on Government Operations [now 
Committee on Oversight and Government Reform] of the House of 
Representatives and the Committee on Governmental Affairs [now Committee 
on Homeland Security and Governmental Affairs] of the Senate shall have 
continuing oversight jurisdiction with respect to the official conduct 
of the Review Board and the disposition of postponed records after 
termination of the Review Board, and shall have access to any records 
held or created by the Review Board.
    ``(2) The Review Board shall have the duty to cooperate with the 
exercise of such oversight jurisdiction.
    ``(m) Support Services.--The Administrator of the General Services 
Administration shall provide administrative services for the Review 
Board on a reimbursable basis.
    ``(n) Interpretive Regulations.--The Review Board may issue 
interpretive regulations.
    ``(o) Termination and Winding Up.--(1) The Review Board and the 
terms of its members shall terminate not later than September 30, 1998.
    ``(2) Upon its termination, the Review Board shall submit reports to 
the President and the Congress including a complete and accurate 
accounting of expenditures during its existence, and shall complete all 
other reporting requirements under this Act.
    ``(3) Upon termination and winding up, the Review Board shall 
transfer all of its records to the Archivist for inclusion in the 
Collection, and no record of the Review Board shall be destroyed.
``SEC. 8. ASSASSINATION RECORDS REVIEW BOARD PERSONNEL.
    ``(a) Executive Director.--(1) Not later than 45 days after the 
initial meeting of the Review Board, the Review Board shall appoint one 
citizen, without regard to political affiliation, to the position of 
Executive Director.
    ``(2) The person appointed as Executive Director shall be a private 
citizen of integrity and impartiality who is a distinguished 
professional and who is not a present employee of any branch of the 
Government and has had no previous involvement with any official 
investigation or inquiry relating to the assassination of President John 
F. Kennedy.
    ``(3)(A) A candidate for Executive Director shall be granted the 
necessary security clearances in an accelerated manner subject to the 
standard procedures for granting such clearances.
    ``(B) A candidate shall qualify for the necessary security clearance 
prior to being approved by the Review Board.
    ``(4) The Executive Director shall--
        ``(A) serve as principal liaison to Government offices;
        ``(B) be responsible for the administration and coordination of 
    the Review Board's review of records;
        ``(C) be responsible for the administration of all official 
    activities conducted by the Review Board; and
        ``(D) have no authority to decide or determine whether any 
    record should be disclosed to the public or postponed for 
    disclosure.
    ``(5) The Executive Director shall not be removed for reasons other 
than by a majority vote of the Review Board for cause on the grounds of 
inefficiency, neglect of duty, malfeasance in office, physical 
disability, mental incapacity, or any other condition that substantially 
impairs the performance of the responsibilities of the Executive 
Director or the staff of the Review Board.
    ``(b) Staff.--(1) The Review Board, without regard to the civil 
service laws, may appoint and terminate additional personnel as are 
necessary to enable the Review Board and its Executive Director to 
perform the duties of the Review Board.
    ``(2)(A) Except as provided in subparagraph (B), a person appointed 
to the staff of the Review Board shall be a private citizen of integrity 
and impartiality who is not a present employee of any branch of the 
Government and who has had no previous involvement with any official 
investigation or inquiry relating to the assassination of President John 
F. Kennedy.
    ``(B) An individual who is an employee of the Government may be 
appointed to the staff of the Review Board if in that position the 
individual will perform only administrative functions.
    ``(3)(A) A candidate for staff shall be granted the necessary 
security clearances in an accelerated manner subject to the standard 
procedures for granting such clearances.
    ``(B)(i) The Review Board may offer conditional employment to a 
candidate for a staff position pending the completion of security 
clearance background investigations. During the pendency of such 
investigations, the Review Board shall ensure that any such employee 
does not have access to, or responsibility involving, classified or 
otherwise restricted assassination record materials.
    ``(ii) If a person hired on a conditional basis under clause (i) is 
denied or otherwise does not qualify for all security clearances 
necessary to carry out the responsibilities of the position for which 
conditional employment has been offered, the Review Board shall 
immediately terminate the person's employment.
    ``(c) Compensation.--Subject to such rules as may be adopted by the 
Review Board, the chairperson, without regard to the provisions of title 
5, United States Code, governing appointments in the competitive service 
and without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of that title relating to classification and General Schedule 
pay rates, may--
        ``(1) appoint an Executive Director, who shall be paid at a rate 
    not to exceed the rate of basic pay for level V of the Executive 
    Schedule; and
        ``(2) appoint and fix compensation of such other personnel as 
    may be necessary to carry out this Act.
    ``(d) Advisory Committees.--(1) The Review Board shall have the 
authority to create advisory committees to assist in fulfilling the 
responsibilities of the Review Board under this Act.
    ``(2) Any advisory committee created by the Review Board shall be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(e) Security Clearance Required.--An individual employed in any 
position by the Review Board (including an individual appointed as 
Executive Director) shall be required to qualify for any necessary 
security clearance prior to taking office in that position, but may be 
employed conditionally in accordance with subsection (b)(3)(B) before 
qualifying for that clearance.
``SEC. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW BOARD.
    ``(a) Custody of Records Reviewed by Board.--Pending the outcome of 
the Review Board's review activity, a Government office shall retain 
custody of its assassination records for purposes of preservation, 
security, and efficiency, unless--
        ``(1) the Review Board requires the physical transfer of records 
    for reasons of conducting an independent and impartial review; or
        ``(2) such transfer is necessary for an administrative hearing 
    or other official Review Board function.
    ``(b) Startup Requirements.--The Review Board shall--
        ``(1) not later than 90 days after the date of its appointment, 
    publish a schedule for review of all assassination records in the 
    Federal Register; and
        ``(2) not later than 180 days after the date of enactment of 
    this Act [Oct. 26, 1992], begin its review of assassination records 
    under this Act.
    ``(c) Determinations of the Review Board.--(1) The Review Board 
shall direct that all assassination records be transmitted to the 
Archivist and disclosed to the public in the Collection in the absence 
of clear and convincing evidence that--
        ``(A) a Government record is not an assassination record; or
        ``(B) a Government record or particular information within an 
    assassination record qualifies for postponement of public disclosure 
    under this Act.
    ``(2) In approving postponement of public disclosure of an 
assassination record, the Review Board shall seek to--
        ``(A) provide for the disclosure of segregable parts, 
    substitutes, or summaries of such a record; and
        ``(B) determine, in consultation with the originating body and 
    consistent with the standards for postponement under this Act, which 
    of the following alternative forms of disclosure shall be made by 
    the originating body:
            ``(i) Any reasonably segregable particular information in an 
        assassination record.
            ``(ii) A substitute record for that information which is 
        postponed.
            ``(iii) A summary of an assassination record.
    ``(3) With respect to each assassination record or particular 
information in assassination records the public disclosure of which is 
postponed pursuant to section 6, or for which only substitutions or 
summaries have been disclosed to the public, the Review Board shall 
create and transmit to the Archivist a report containing--
        ``(A) a description of actions by the Review Board, the 
    originating body, the President, or any Government office (including 
    a justification of any such action to postpone disclosure of any 
    record or part of any record) and of any official proceedings 
    conducted by the Review Board with regard to specific assassination 
    records; and
        ``(B) a statement, based on a review of the proceedings and in 
    conformity with the decisions reflected therein, designating a 
    recommended specified time at which or a specified occurrence 
    following which the material may be appropriately disclosed to the 
    public under this Act.
    ``(4)(A) Following its review and a determination that an 
assassination record shall be publicly disclosed in the Collection or 
postponed for disclosure and held in the protected Collection, the 
Review Board shall notify the head of the originating body of its 
determination and publish a copy of the determination in the Federal 
Register within 14 days after the determination is made.
    ``(B) Contemporaneous notice shall be made to the President for 
Review Board determinations regarding executive branch assassination 
records, and to the oversight committees designated in this Act in the 
case of legislative branch records. Such notice shall contain a written 
unclassified justification for public disclosure or postponement of 
disclosure, including an explanation of the application of any standards 
contained in section 6.
    ``(d) Presidential Authority Over Review Board Determination.--
        ``(1) Public disclosure or postponement of disclosure.--After 
    the Review Board has made a formal determination concerning the 
    public disclosure or postponement of disclosure of an executive 
    branch assassination record or information within such a record, or 
    of any information contained in an assassination record, obtained or 
    developed solely within the executive branch, the President shall 
    have the sole and nondelegable authority to require the disclosure 
    or postponement of such record or information under the standards 
    set forth in section 6, and the President shall provide the Review 
    Board with an unclassified written certification specifying the 
    President's decision within 30 days after the Review Board's 
    determination and notice to the executive branch agency as required 
    under this Act, stating the justification for the President's 
    decision, including the applicable grounds for postponement under 
    section 6, accompanied by a copy of the identification aid required 
    under section 4.
        ``(2) Periodic review.--Any executive branch assassination 
    record postponed by the President shall be subject to the 
    requirements of periodic review, downgrading and declassification of 
    classified information, and public disclosure in the collection set 
    forth in section 4.
        ``(3) Record of presidential postponement.--The Review Board 
    shall, upon its receipt, publish in the Federal Register a copy of 
    any unclassified written certification, statement, and other 
    materials transmitted by or on behalf of the President with regard 
    to postponement of assassination records.
    ``(e) Notice to Public.--Every 30 calendar days, beginning on the 
date that is 60 calendar days after the date on which the Review Board 
first approves the postponement of disclosure of an assassination 
record, the Review Board shall publish in the Federal Register a notice 
that summarizes the postponements approved by the Review Board or 
initiated by the President, the House of Representatives, or the Senate, 
including a description of the subject, originating agency, length or 
other physical description, and each ground for postponement that is 
relied upon.
    ``(f) Reports by the Review Board.--(1) The Review Board shall 
report its activities to the leadership of the Congress, the Committee 
on Government Operations [now Committee on Oversight and Government 
Reform] of the House of Representatives, the Committee on Governmental 
Affairs [now Committee on Homeland Security and Governmental Affairs] of 
the Senate, the President, the Archivist, and the head of any Government 
office whose records have been the subject of Review Board activity.
    ``(2) The first report shall be issued on the date that is 1 year 
after the date of enactment of this Act [Oct. 26, 1992], and subsequent 
reports every 12 months thereafter until termination of the Review 
Board.
    ``(3) A report under paragraph (1) shall include the following 
information:
        ``(A) A financial report of the expenses for all official 
    activities and requirements of the Review Board and its personnel.
        ``(B) The progress made on review, transmission to the 
    Archivist, and public disclosure of assassination records.
        ``(C) The estimated time and volume of assassination records 
    involved in the completion of the Review Board's performance under 
    this Act.
        ``(D) Any special problems, including requests and the level of 
    cooperation of Government offices, with regard to the ability of the 
    Review Board to operate as required by this Act.
        ``(E) A record of review activities, including a record of 
    postponement decisions by the Review Board or other related actions 
    authorized by this Act, and a record of the volume of records 
    reviewed and postponed.
        ``(F) Suggestions and requests to Congress for additional 
    legislative authority needs.
        ``(G) An appendix containing copies of reports of postponed 
    records to the Archivist required under section 9(c)(3) made since 
    the date of the preceding report under this subsection.
    ``(4) At least 90 calendar days before completing its work, the 
Review Board shall provide written notice to the President and Congress 
of its intention to terminate its operations at a specified date.
``SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.
    ``(a) Materials Under Seal of Court.--
        ``(1) The Review Board may request the Attorney General to 
    petition any court in the United States or abroad to release any 
    information relevant to the assassination of President John F. 
    Kennedy that is held under seal of the court.
        ``(2)(A) The Review Board may request the Attorney General to 
    petition any court in the United States to release any information 
    relevant to the assassination of President John F. Kennedy that is 
    held under the injunction of secrecy of a grand jury.
        ``(B) A request for disclosure of assassination materials under 
    this Act shall be deemed to constitute a showing of particularized 
    need under Rule 6 of the Federal Rules of Criminal Procedure [18 
    U.S.C. App.].
    ``(b) Sense of Congress.--It is the sense of the Congress that--
        ``(1) the Attorney General should assist the Review Board in 
    good faith to unseal any records that the Review Board determines to 
    be relevant and held under seal by a court or under the injunction 
    of secrecy of a grand jury;
        ``(2) the Secretary of State should contact the Government of 
    the Republic of Russia and seek the disclosure of all records of the 
    government of the former Soviet Union, including the records of the 
    Komitet Gosudarstvennoy Bezopasnosti (KGB) and the Glaynoye 
    Razvedyvatelnoye Upravleniye (GRU), relevant to the assassination of 
    President Kennedy, and contact any other foreign government that may 
    hold information relevant to the assassination of President Kennedy 
    and seek disclosure of such information; and
        ``(3) all Executive agencies should cooperate in full with the 
    Review Board to seek the disclosure of all information relevant to 
    the assassination of President John F. Kennedy consistent with the 
    public interest.
``SEC. 11. RULES OF CONSTRUCTION.
    ``(a) Precedence Over Other Law.--When this Act requires 
transmission of a record to the Archivist or public disclosure, it shall 
take precedence over any other law (except section 6103 of the Internal 
Revenue Code [26 U.S.C. 6103]), judicial decision construing such law, 
or common law doctrine that would otherwise prohibit such transmission 
or disclosure, with the exception of deeds governing access to or 
transfer or release of gifts and donations of records to the United 
States Government.
    ``(b) Freedom of Information Act.--Nothing in this Act shall be 
construed to eliminate or limit any right to file requests with any 
executive agency or seek judicial review of the decisions pursuant to 
section 552 of title 5, United States Code.
    ``(c) Judicial Review.--Nothing in this Act shall be construed to 
preclude judicial review, under chapter 7 of title 5, United States 
Code, of final actions taken or required to be taken under this Act.
    ``(d) Existing Authority.--Nothing in this Act revokes or limits the 
existing authority of the President, any executive agency, the Senate, 
or the House of Representatives, or any other entity of the Government 
to publicly disclose records in its possession.
    ``(e) Rules of the Senate and House of Representatives.--To the 
extent that any provision of this Act establishes a procedure to be 
followed in the Senate or the House of Representatives, such provision 
is adopted--
        ``(1) as an exercise of the rulemaking power of the Senate and 
    House of Representatives, respectively, and is deemed to be part of 
    the rules of each House, respectively, but applicable only with 
    respect to the procedure to be followed in that House, and it 
    supersedes other rules only to the extent that it is inconsistent 
    with such rules; and
        ``(2) with full recognition of the constitutional right of 
    either House to change the rules (so far as they relate to the 
    procedure of that House) at any time, in the same manner, and to the 
    same extent as in the case of any other rule of that House.
``SEC. 12. TERMINATION OF EFFECT OF ACT.
    ``(a) Provisions Pertaining to the Review Board.--The provisions of 
this Act that pertain to the appointment and operation of the Review 
Board shall cease to be effective when the Review Board and the terms of 
its members have terminated pursuant to section 7(o).
    ``(b) Other Provisions.--The remaining provisions of this Act shall 
continue in effect until such time as the Archivist certifies to the 
President and the Congress that all assassination records have been made 
available to the public in accordance with this Act.
``SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
    ``(a) In General.--There are authorized to be appropriated to carry 
out the provisions of this Act $1,600,000 for fiscal year 1998.
    ``(b) Interim Funding.--Until such time as funds are appropriated 
pursuant to subsection (a), the President may use such sums as are 
available for discretionary use to carry out this Act.
``SEC. 14. SEVERABILITY.
    ``If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act and 
the application of that provision to other persons not similarly 
situated or to other circumstances shall not be affected by the 
invalidation.''
    [For transfer of the functions, personnel, assets, and obligations 
of the United States Secret Service, including the functions of the 
Secretary of the Treasury relating thereto, to the Secretary of Homeland 
Security, and for treatment of related references, see sections 381, 
551(d), 552(d), and 557 of Title 6, Domestic Security, and the 
Department of Homeland Security Reorganization Plan of November 25, 
2002, as modified, set out as a note under section 542 of Title 6.]

                Classified National Security Information

    For provisions authorizing Archivist to review, downgrade, and 
declassify information of former Presidents under control of Archivist 
pursuant to this section, see Ex. Ord. No. 12958, Sec. 3.6(b)(4), Apr. 
17, 1995, 60 F.R. 19835, set out as a note under section 435 of Title 
50, War and National Defense.


Sec. 2108. Responsibility for custody, use, and withdrawal of 
        records
        
    (a) The Archivist shall be responsible for the custody, use, and 
withdrawal of records transferred to him. When records, the use of which 
is subject to statutory limitations and restrictions, are so 
transferred, permissive and restrictive statutory provisions with 
respect to the examination and use of records applicable to the head of 
the agency from which the records were transferred or to employees of 
that agency are applicable to the Archivist and to the employees of the 
National Archives and Records Administration, respectively. Except as 
provided in subsection (b) of this section, when the head of a Federal 
agency states, in writing, restrictions that appear to him to be 
necessary or desirable in the public interest with respect to the use or 
examination of records being considered for transfer from his custody to 
the Archivist, the Archivist shall, if he concurs,,\1\ impose such 
restrictions on the records so transferred, and may not relax or remove 
such restrictions without the written concurrence of the head of the 
agency from which the material was transferred, or of his successor in 
function, if any. In the event that a Federal agency is terminated and 
there is no successor in function, the Archivist is authorized to relax, 
remove, or impose restrictions on such agency's records when he 
determines that such action is in the public interest. Statutory and 
other restrictions referred to in this subsection shall remain in force 
until the records have been in existence for thirty years unless the 
Archivist by order, having consulted with the head of the transferring 
Federal agency or his successor in function, determines, with respect to 
specific bodies of records, that for reasons consistent with standards 
established in relevant statutory law, such restrictions shall remain in 
force for a longer period. Restriction on the use or examination of 
records deposited with the National Archives of the United States 
imposed by section 3 of the National Archives Act, approved June 19, 
1934, shall continue in force regardless of the expiration of the tenure 
of office of the official who imposed them but may be removed or relaxed 
by the Archivist with the concurrence in writing of the head of the 
agency from which material was transferred or of his successor in 
function, if any.
---------------------------------------------------------------------------
    \1\ So in original.
---------------------------------------------------------------------------
    (b) With regard to the census and survey records of the Bureau of 
the Census containing data identifying individuals enumerated in 
population censuses, any release pursuant to this section of such 
identifying information contained in such records shall be made by the 
Archivist pursuant to the specifications and agreements set forth in the 
exchange of correspondence on or about the date of October 10, 1952, 
between the Director of the Bureau of the Census and the Archivist of 
the United States, together with all amendments thereto, now or 
hereafter entered into between the Director of the Bureau of the Census 
and the Archivist of the United States. Such amendments, if any, shall 
be published in the Register.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2104; Pub. L. 95-
416, Sec. 1(b), Oct. 5, 1978, 92 Stat. 915; renumbered Sec. 2108 and 
amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 107(a)(2), Oct. 
19, 1984, 98 Stat. 2280, 2285.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(b) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583).

                       References in Text

    Section 3 of the National Archives Act, approved June 19, 1934, 
referred to in subsec. (a), was classified to section 300c of former 
Title 44, Public Printing and Documents, and was repealed by act June 
30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 
5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590.


                            Prior Provisions

    A prior section 2108 was renumbered section 2112 of this title.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-497, Sec. 107(a)(2), substituted ``the 
Archivist and to the employees of the National Archives and Records 
Administration'' for ``the Administrator, the Archivist of the United 
States, and to the employees of the General Services Administration'', 
struck out ``and in consultation with the Archivist of the United 
States'' before ``impose such restrictions'' in third sentence, struck 
out ``the Archivist and'' after ``having consulted with'' in fifth 
sentence, substituted ``Archivist'' for ``Administrator of General 
Services'' wherever appearing, and substituted ``Archivist'' for 
``Administrator'' wherever appearing.
    Subsec. (b). Pub. L. 98-497, Sec. 107(a)(2)(D), substituted 
``Archivist'' for ``Administrator of General Services''.
    1978--Pub. L. 95-416 designated existing provisions as subsec. (a), 
inserted provisions permitting the Administrator to relax, remove, or 
impose restrictions in the public interest of records of agencies which 
have been terminated and requiring the Administrator with regard to 
duration of restrictions to consult with the Archivist and the head of 
the transferring Federal agency or his successor in function, and 
substituted ``thirty years'' for ``fifty years'', and added subsec. (b).


                    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.


Sec. 2109. Preservation, arrangement, duplication, exhibition of 
        records
        
    The Archivist shall provide for the preservation, arrangement, 
repair and rehabilitation, duplication and reproduction (including 
microcopy publications), description, and exhibition of records or other 
documentary material transferred to him as may be needful or 
appropriate, including the preparation and publication of inventories, 
indexes, catalogs, and other finding aids or guides to facilitate their 
use. He may also prepare guides and other finding aids to Federal 
records and, when approved by the National Historical Publications and 
Records Commission, publish such historical works and collections of 
sources as seem appropriate for printing or otherwise recording at the 
public expense.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2105; renumbered 
Sec. 2109 and amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 
107(a)(3), Oct. 19, 1984, 98 Stat. 2280, 2285.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(c) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583; July 12, 1952, ch. 703, Sec. 1(o), 66 Stat. 594).


                            Prior Provisions

    A prior section 2109 was renumbered section 2113 of this title.


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(3), substituted ``Archivist'' for 
``Administrator of General Services'' and inserted ``and Records'' after 
``National Historical Publications''.


                    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.

Ex. Ord. No. 11440. Supplemental Use of Exhibits and Displays Created in 
Furtherance of Authorized Programs of Executive Departments and Agencies

    Ex. Ord. No. 11440, Dec. 11, 1968, 33 F.R. 18475, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
    WHEREAS the executive departments and agencies of the Government, in 
discharging their various responsibilities, create a large volume of 
materials (including books, correspondence, documents, papers, 
pamphlets, works of art, models, pictures, photographs, plats, maps, 
films, motion pictures, sound recordings, and other objects of 
historical or commemorative value) which from time to time are 
incorporated into or reproduced for use in exhibits or other types of 
visual displays needed for use in carrying out their programs; and
    WHEREAS under Chapter 21 of Title 44, United States Code, the 
Archivist of the United States is authorized to accept for deposit in 
the National Archives of the United States the records of any Federal 
agency or of the Congress of the United States that are determined by 
the Archivist to have sufficient historical or other value to warrant 
their continued preservation by the United States Government, as well as 
the papers and other historical materials of any official or former 
official of the Government, and to make provisions for the exhibition of 
materials transferred to him; and.
    WHEREAS many of the exhibits and displays so prepared, produced, or 
otherwise created by the executive departments and agencies possess 
historical significance which warrants their preservation and exhibition 
as part of the archival and cultural heritage of the United States:
    NOW, THEREFORE, by virtue of the authority vested in me, as 
President of the United States, it is hereby ordered as follows:
    Section 1. The heads of all executive departments and agencies are 
directed--
    (a) when initiating plans for the preparation, production, or other 
creation of exhibits and displays in furtherance of their program 
missions, to confer with the Archivist of the United States, or his 
designee, for the purpose of assuring that any such exhibits or displays 
which the Archivist finds appropriate for supplemental exhibition as 
part of the archival and cultural heritage of the United States are 
prepared, produced, or otherwise created in a manner which assures, to 
the maximum possible extent, their appropriateness, after they have 
served their primary program purpose, for such supplemental exhibition, 
and
    (b) to transfer to the Archivist, without reimbursement, such 
exhibits or displays as he determines are appropriate for such 
supplemental exhibition after they have served their primary program 
purpose, subject to such conditions requiring return to the department 
or agency of all or any of the materials incorporated in the exhibits or 
displays as may be mutually agreeable.
    Sec. 2. The Archivist of the United States is directed to--
    (a) provide advice, counsel, and assistance to the heads of 
executive departments and agencies in the preparation, production, or 
other creation of exhibits and displays which he finds will have future 
value for exhibition as part of the archival and cultural heritage of 
the United States; and
    (b) accept any such exhibit or display when it has served its 
primary program purpose and (1) arrange for its supplemental exhibition 
as appropriate, (2) preserve any such exhibit or display which possesses 
sufficient historical or other value to warrant continued preservation, 
or (3) dispose of any such exhibit or display when, in his judgment, the 
reasons for its continued preservation or exhibition cease to exist, all 
subject to the conditions agreed upon incident to transfer to the 
Archivist of the United States of the exhibit or display.


Sec. 2110. Servicing records

    The Archivist shall provide and maintain facilities he considers 
necessary or desirable for servicing records in his custody that are not 
exempt from examination by statutory or other restrictions.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2106; renumbered 
Sec. 2110 and amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 
107(a)(4), Oct. 19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(d) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583).


                            Prior Provisions

    A prior section 2110 was renumbered section 2114 of this title.


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(4), substituted ``Archivist'' for 
``Administrator of General Services''.


                    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.


Sec. 2111. Material accepted for deposit

    When the Archivist considers it to be in the public interest he may 
accept for deposit--
        (1) the papers and other historical materials of a President or 
    former President of the United States, or other official or former 
    official of the Government, and other papers relating to and 
    contemporary with a President or former President of the United 
    States, subject to restrictions agreeable to the Archivist as to 
    their use; and
        (2) documents, including motion-picture films, still pictures, 
    and sound recordings, from private sources that are appropriate for 
    preservation by the Government as evidence of its organization, 
    functions, policies, decisions, procedures, and transactions.

This section shall not apply in the case of any Presidential records 
which are subject to the provisions of chapter 22 of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2107; Pub. L. 95-
591, Sec. 2(b)(2), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec. 2111 and 
amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 107(a)(5), Oct. 
19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code 1964 ed., Sec. 397(e) (June 30, 1949, ch. 288, 
title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 
583; July 12, 1952, ch. 703, Sec. 1(p), 66 Stat. 594; July 12, 1955, ch. 
329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695).


                            Prior Provisions

    A prior section 2111 was renumbered section 2115 of this title.


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(5), substituted ``Archivist'' for 
``Administrator of General Services'' in provisions preceding par. (1), 
and substituted ``Archivist'' for ``Administrator'' in par. (1).
    1978--Pub. L. 95-591 inserted provision excluding Presidential 
records which are subject to provisions of chapter 22 of this title from 
application of this section.


                    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.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-591 effective with respect to Presidential 
records created during a term of office of President beginning on or 
after Jan. 20, 1981, see section 3 of Pub. L. 95-591, set out as an 
Effective Date note under section 2201 of this title.


         Presidential Recordings and Materials Preservation Act

    Pub. L. 93-526, title I, Sec. Sec. 101-106, Dec. 19, 1974, 88 Stat. 
1695-1698, as amended by Pub. L. 98-497, title I, Sec. 107(c), Oct. 19, 
1984, 98 Stat. 2291; Pub. L. 108-199, div. F, title V, Sec. 543(a), Jan. 
23, 2004, 118 Stat. 346, provided: ``That this Act [enacting this note, 
sections 3315 to 3324 of this title, and provisions set out as a note 
under section 3315 of this title] may be cited as the `Presidential 
Recordings and Materials Preservation Act'.


    ``Title I--Preservation of Presidential Recordings and Materials

       ``delivery and retention of certain presidential materials

    ``Sec. 101. (a) Notwithstanding any other law or any agreement or 
understanding made pursuant to section 2111 of title 44, United States 
Code any Federal employee in possession shall deliver, and the Archivist 
of the United States (hereinafter referred to as the `Archivist') shall 
receive, obtain, or retain, complete possession and control of all 
original tape recordings of conversations which were recorded or caused 
to be recorded by any officer or employee of the Federal Government and 
which--
        ``(1) involve former President Richard M. Nixon or other 
    individuals who, at the time of the conversation, were employed by 
    the Federal Government;
        ``(2) were recorded in the White House or in the office of the 
    President in the Executive Office Buildings located in Washington, 
    District of Columbia; Camp David, Maryland; Key Biscayne, Florida; 
    or San Clemente, California; and
        ``(3) were recorded during the period beginning January 20, 
    1969, and ending August 9, 1974.
    ``(b)(1) Notwithstanding any other law or any agreement or 
understanding made pursuant to section 2111 of title 44, United States 
Code, the Archivist shall receive, retain, or make reasonable efforts to 
obtain, complete possession and control of all papers, documents, 
memorandums, transcripts, and other objects and materials which 
constitute the Presidential historical materials of Richard M. Nixon, 
covering the period beginning January 20, 1969, and ending August 9, 
1974.
    ``(2) For purposes of this subsection, the term `historical 
materials' has the meaning given it by section 2101 of title 44, United 
States Code.


            ``availability of certain presidential materials

    ``Sec. 102. (a) None of the tape recordings or other materials 
referred to in section 101 shall be destroyed, except as hereafter may 
be provided by law.
    ``(b) Notwithstanding any other provision of this title, any other 
law, or any agreement or understanding made pursuant to section 2111 of 
title 44, United States Code, the tape recordings and other materials 
referred to in section 101 shall, immediately upon the date of enactment 
of this title, be made available, subject to any rights, defenses, or 
privileges which the Federal Government or any person may invoke, for 
use in any judicial proceeding or otherwise subject to court subpena or 
other legal process. Any request by the Office of Watergate Special 
Prosecution Force, whether by court subpena or other lawful process, for 
access to such recordings or materials shall at all times have priority 
over any other request for such recordings or materials.
    ``(c) Richard M. Nixon, or any person whom he may designate in 
writing, shall at all times have access to the tape recordings and other 
materials referred to in section 101 for any purpose which is consistent 
with the provisions of this title, subsequent and subject to the 
regulations which the Archivist shall issue pursuant to section 103.
    ``(d) Any agency or department in the executive branch of the 
Federal Government shall at all times have access to the tape recordings 
and other materials referred to in section 101 for lawful Government 
use, subject to the regulations which the Archivist shall issue pursuant 
to section 103.


  ``regulations to protect certain tape recordings and other materials

    ``Sec. 103. The Archivist shall issue at the earliest possible date 
such regulations as may be necessary to assure the protection of the 
tape recordings and other materials referred to in section 101 from loss 
or destruction, and to prevent access to such recordings and materials 
by unauthorized persons. The Archivist may transfer such recordings and 
materials to a Presidential archival depository in accordance with 
section 2112 of title 44, United States Code.


                 ``regulations relating to public access

    ``Sec. 104. (a) The Archivist shall, within ninety days after the 
date of enactment of this title [Dec. 19, 1974], submit to each House of 
the Congress a report proposing and explaining regulations that would 
provide public access to the tape recordings and other materials 
referred to in section 101. Such regulations shall take into account the 
following factors:
        ``(1) the need to provide the public with the full truth, at the 
    earliest reasonable date, of the abuses of governmental power 
    popularly identified under the generic term `Watergate';
        ``(2) the need to make such recordings and materials available 
    for use in judicial proceedings;
        ``(3) the need to prevent general access, except in accordance 
    with appropriate procedures established for use in judicial 
    proceedings to information relating to the Nation's security;
        ``(4) the need to protect every individual's right to a fair and 
    impartial trial;
        ``(5) the need to protect any party's opportunity to assert any 
    legally or constitutionally based right or privilege which would 
    prevent or otherwise limit access to such recordings and materials;
        ``(6) the need to provide public access to those materials which 
    have general historical significance, and which are not likely to be 
    related to the need described in paragraph (1); and
        ``(7) the need to give to Richard M. Nixon, or his heirs, for 
    his sole custody and use, tape recordings and other materials which 
    are not likely to be related to the need described in paragraph (1) 
    and are not otherwise of general historical significance.
    ``(b) The regulations proposed by the Archivist in the report 
required by subsection (a) shall not take effect until the expiration of 
the first period of 60 calendar days of continuous session of the 
Congress after the date of the submission of such regulations to each 
House of the Congress. For the purposes of this subsection, continuity 
of session is broken only by an adjournment of Congress sine die, but 
the days on which either House is not in session because of an 
adjournment of more than three days to a day certain are excluded.
    ``(c) The provisions of this title shall not apply, on and after the 
date upon which regulations proposed by the Administrator take effect 
under subsection (b), to any tape recordings or other materials given to 
Richard M. Nixon, or his heirs, pursuant to subsection (a)(7).
    ``(d) The provisions of this title shall not in any way affect the 
rights, limitations or exemptions applicable under the Freedom of 
Information Act, 5 U.S.C. Sec. 552 et seq.


                            ``judicial review

    ``Sec. 105. (a) The United States District Court for the District of 
Columbia shall have exclusive jurisdiction to hear challenges to the 
legal or constitutional validity of this title or of any regulation 
issued under the authority granted by this title, and any action or 
proceeding involving the question of title, ownership, custody, 
possession, or control of any tape recording or material referred to in 
section 101 or involving payment of any just compensation which may be 
due in connection therewith. Any such challenge shall be treated by the 
court as a matter requiring immediate consideration and resolution, and 
such challenge shall have priority on the docket of such court over 
other cases.
    ``(b) If, under the procedures established by subsection (a), a 
judicial decision is rendered that a particular provision of this title, 
or a particular regulation issued under the authority granted by this 
title, is unconstitutional or otherwise invalid, such decision shall not 
affect in any way the validity or enforcement of any other provision of 
this title or any regulation issued under the authority granted by this 
title.
    ``(c) If a final decision of such court holds that any provision of 
this title has deprived an individual of private property without just 
compensation, then there shall be paid out of the general fund of the 
Treasury of the United States such amount or amounts as may be adjudged 
just by that Court.


                    ``authorization of appropriations

    ``Sec. 106. There is authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this title.''
    [Pub. L. 108-199, div. F, title V, Sec. 543(b), Jan. 23, 2004, 118 
Stat. 346, provided that: ``Nothing in section 103 of the Presidential 
Recordings and Materials Preservation Act (Public Law 93-526; 44 U.S.C. 
2111 note), as amended by subsection (a), may be construed as affecting 
public access to the recordings and materials referred to in that 
section as provided in regulations promulgated pursuant to section 104 
of such Act.]''

                Classified National Security Information

    For provisions authorizing Archivist to review, downgrade, and 
declassify information of former Presidents under control of Archivist 
pursuant to this section or provisions set out as a note under this 
section, see Ex. Ord. No. 12958, Sec. 3.6(b)(4), Apr. 17, 1995, 60 F.R. 
19835, set out as a note under section 435 of Title 50, War and National 
Defense.


Sec. 2112. Presidential archival depository

    (a)(1) When the Archivist considers it to be in the public interest, 
the Archivist may--
        (A)(i) accept, for and in the name of the United States, land, a 
    facility, and equipment offered as a gift to the United States for 
    the purpose of creating a Presidential archival depository;
        (ii) take title to the land, facility, and equipment on behalf 
    of the United States; and
        (iii) maintain, operate, and protect the land, facility, and 
    equipment as a Presidential archival depository and as part of the 
    national archives system;
        (B)(i) make agreements, upon terms and conditions the Archivist 
    considers proper, with a State, political subdivision, university, 
    institution of higher learning, institute, or foundation to use as a 
    Presidential archival depository land, a facility, and equipment of 
    the State, subdivision, university, or other organization, to be 
    made available by it without transfer of title to the United States; 
    and
        (ii) maintain, operate, and protect the depository as a part of 
    the national archives system; and
        (C) accept, for and in the name of the United States, gifts 
    offered for the purpose of making any physical or material change or 
    addition to a Presidential archival depository.

    (2) The Archivist shall promulgate architectural and design 
standards applicable to Presidential archival depositories in order to 
ensure that such depositories (A) preserve Presidential records subject 
to chapter 22 of this title and papers and other historical materials 
accepted for deposit under section 2111 of this title and (B) contain 
adequate research facilities.
    (3) Prior to accepting and taking title to any land, facility, or 
equipment under subparagraph (A) of paragraph (1), or prior to entering 
into any agreement under subparagraph (B) of such paragraph or any other 
agreement to accept or establish a Presidential archival depository, the 
Archivist shall submit a written report on the proposed Presidential 
archival depository to the President of the Senate and the Speaker of 
the House of Representatives. The report shall include--
        (A) a description of the land, facility, and equipment offered 
    as a gift or to be made available without transfer of title;
        (B) a statement specifying the estimated total cost of the 
    proposed depository and the amount of the endowment for the 
    depository required pursuant to subsection (g) of this section;
        (C) a statement of the terms of the proposed agreement, if any;
        (D) a general description of the types of papers, documents, or 
    other historical materials proposed to be deposited in the 
    depository to be created, and of the terms of the proposed deposit;
        (E) a statement of any additional improvements and equipment 
    associated with the development and operation of the depository, an 
    estimate of the costs of such improvements and equipment, and a 
    statement as to the extent to which such costs will be incurred by 
    any Federal or State government agency;
        (F) an estimate of the total annual cost to the United States of 
    maintaining, operating, and protecting the depository; and
        (G) a certification that such facility and equipment (whether 
    offered as a gift or made available without transfer of title) 
    comply with standards promulgated by the Archivist pursuant to 
    paragraph (2) of this subsection.

    (4) Prior to accepting any gift under subparagraph (C) of paragraph 
(1) for the purpose of making any physical or material change or 
addition to a Presidential archival depository, or prior to implementing 
any provision of law requiring the making of such a change or addition, 
the Archivist shall submit a report in writing on the proposed change or 
addition to the President of the Senate and the Speaker of the House of 
Representatives. The report shall include--
        (A) a description of such gift;
        (B) a statement specifying the estimated total cost of the 
    proposed physical or material change or addition and the amount of 
    the deposit in an endowment for the depository required pursuant to 
    subsection (g) of this section in order to meet the cost of such 
    change or addition;
        (C) a statement of the purpose of the proposed change or 
    addition and a general description of any papers, documents, or 
    historical materials proposed to be deposited in the depository as a 
    result of such change or addition;
        (D) a statement of any additional improvements or equipment for 
    the depository associated with such change or addition;
        (E) an estimate of the increase in the total annual cost to the 
    United States of maintaining, operating, and protecting the 
    depository that will result from such change or addition; and
        (F) a certification that the depository, and the equipment 
    therein will, after such change or addition, comply with the 
    standards promulgated by the Archivist pursuant to paragraph (2) of 
    this subsection.

    (5) The Archivist may not--
        (A) accept or take title to land, a facility, or equipment under 
    subparagraph (A) of paragraph (1) for the purpose of creating a 
    Presidential archival depository;
        (B) enter into any agreement under subparagraph (B) of such 
    paragraph or any other agreement to accept or establish a 
    Presidential archival depository; or
        (C) accept any gift under subparagraph (C) of such paragraph for 
    the purpose of making any physical or material change to a 
    Presidential archival depository,

until the expiration of a period of 60 days of continuous session of 
Congress beginning on the date on which the Archivist transmits the 
report required under paragraph (3) of this subsection with respect to 
such Presidential archival depository or the report required under 
paragraph (4) of this subsection with respect to such change or 
addition, as the case may be.
    (b) When the Archivist considers it to be in the public interest, he 
may deposit in a Presidential archival depository papers, documents, or 
other historical materials accepted under section 2111 of this title, or 
Federal records appropriate for preservation.
    (c) When the Archivist considers it to be in the public interest, he 
may exercise, with respect to papers, documents, or other historical 
materials deposited under this section, or otherwise, in a Presidential 
archival depository, all the functions and responsibilities otherwise 
vested in him pertaining to Federal records or other documentary 
materials in his custody or under his control. The Archivist, in 
negotiating for the deposit of Presidential historical materials, shall 
take steps to secure to the Government, as far as possible, the right to 
have continuous and permanent possession of the materials. Papers, 
documents, or other historical materials accepted and deposited under 
section 2111 of this title and this section are subject to restrictions 
as to their availability and use stated in writing by the donors or 
depositors, including the restriction that they shall be kept in a 
Presidential archival depository. The restrictions shall be respected 
for the period stated, or until revoked or terminated by the donors or 
depositors or by persons legally qualified to act on their behalf. 
Subject to the restrictions, the Archivist may dispose by sale, 
exchange, or otherwise, of papers, documents, or other materials which 
the Archivist determines to have no permanent value or historical 
interest or to be surplus to the needs of a Presidential archival 
depository. Only the first two sentences of this subsection shall apply 
to Presidential records as defined in section 2201(2) of this title.
    (d) When the Archivist considers it to be in the public interest, he 
may cooperate with and assist a university, institution of higher 
learning, institute, foundation, or other organization or qualified 
individual to further or to conduct study or research in historical 
materials deposited in a Presidential archival depository.
    (e) When the Archivist considers it to be in the public interest, he 
may charge and collect reasonable fees for the privilege of visiting and 
viewing exhibit rooms or museum space, or for the occasional, non-
official use of rooms and spaces (and services related to such use), in 
a Presidential archival depository.
    (f) When the Archivist considers it to be in the public interest, he 
may provide reasonable office space in a Presidential archival 
depository for the personal use of a former President of the United 
States.
    (g)(1) When the Archivist considers it to be in the public interest, 
the Archivist may solicit and accept gifts or bequests of money or other 
property for the purpose of maintaining, operating, protecting, or 
improving a Presidential archival depository. The proceeds of gifts or 
bequests, together with the proceeds from fees or from sales of 
historical materials, copies or reproductions, catalogs, or other items, 
having to do with a Presidential archival depository, shall be paid into 
an account in the National Archives Trust Fund and shall be held, 
administered, and expended for the benefit and in the interest of the 
Presidential archival depository in connection with which they were 
received, and for the same purposes and objects, including custodial and 
administrative services for which appropriations for the maintenance, 
operation, protection, or improvement of Presidential archival 
depositories might be expended.
    (2) The Archivist shall provide for the establishment in such Trust 
Fund of separate endowments for the maintenance of the land, facility, 
and equipment of each Presidential archival depository, to which shall 
be credited any gifts or bequests received under paragraph (1) that are 
offered for that purpose. Income to each such endowment shall be 
available to cover the cost of facility operations, but shall not be 
available for the performance of archival functions under this title.
    (3) The Archivist shall not accept or take title to any land, 
facility, or equipment under subparagraph (A) of subsection (a)(1), or 
enter into any agreement to use any land, facility, or equipment under 
subparagraph (B) of such subsection for the purpose of creating a 
Presidential archival depository, unless the Archivist determines that 
there is available, by gift or bequest for deposit under paragraph (2) 
of this subsection in an endowment with respect to such depository, an 
amount for the purpose of maintaining such land, facility, and equipment 
equal to--
        (A) the product of--
            (i) the total cost of acquiring or constructing such 
        facility and of acquiring and installing such equipment, 
        multiplied by
            (ii) 20 percent; plus

        (B)(i) if title to the land is to be vested in the United 
    States, the product of--
            (I) the total cost of acquiring the land upon which such 
        facility is located, or such other measure of the value of such 
        land as is mutually agreed upon by the Archivist and the donor, 
        multiplied by
            (II) 20 percent; or

        (ii) if title to the land is not to be vested in the United 
    States, the product of--
            (I) the total cost to the donor of any improvements to the 
        land upon which such facility is located (other than such 
        facility and equipment), multiplied by
            (II) 20 percent; plus

        (C) if the Presidential archival depository will exceed 70,000 
    square feet in area, an amount equal to the product of--
            (i) the sum of--
                (I) the total cost described in clause (i) of 
            subparagraph (A); plus
                (II) the total cost described in subclause (I) or (II) 
            of subparagraph (B)(i), as the case may be, multiplied by

            (ii) the percentage obtained by dividing the number of 
        square feet by which such depository will exceed 70,000 square 
        feet by 70,000.

    (4) If a proposed physical or material change or addition to a 
Presidential archival depository would result in an increase in the 
costs of facility operations, the Archivist may not accept any gift 
under subparagraph (C) of paragraph (1) for the purpose of making such a 
change or addition, or may not implement any provision of law requiring 
the making of such a change or addition, unless the Archivist determines 
that there is available, by gift or bequest for deposit under paragraph 
(2) of this subsection in an endowment with respect to such depository, 
an amount for the purpose of maintaining the land, facility, and 
equipment of such depository equal to the difference between--
        (A) the amount which, pursuant to paragraph (3) of this 
    subsection, would have been required to have been available for 
    deposit in such endowment with respect to such depository if such 
    change or addition had been included in such depository on--
            (i) the date on which the Archivist took title to the land, 
        facility, and equipment for such depository under subparagraph 
        (A) of subsection (a)(1); or
            (ii) the date on which the Archivist entered into an 
        agreement for the creation of such depository under subparagraph 
        (B) of such paragraph,

    as the case may be; minus
        (B) the amount which, pursuant to paragraph (3) of this 
    subsection, was required to be available for deposit in such 
    endowment with respect to such depository on the date the Archivist 
    took such title or entered into such agreement, as the case may be.

    (5)(A) Notwithstanding paragraphs (3) and (4) (to the extent that 
such paragraphs are inconsistent with this paragraph), this subsection 
shall be administered in accordance with this paragraph with respect to 
any Presidential archival depository created as a depository for the 
papers, documents, and other historical materials and Presidential 
records pertaining to any President who takes the oath of office as 
President for the first time on or after July 1, 2002.
    (B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and 
(B)(ii)(II) of paragraph (3) the percentage of 40 percent shall apply 
instead of 20 percent.
    (C)(i) In this subparagraph, the term ``base endowment amount'' 
means the amount of the endowment required under paragraph (3).
    (ii)(I) The Archivist may give credits against the base endowment 
amount if the Archivist determines that the proposed Presidential 
archival depository will have construction features or equipment that 
are expected to result in quantifiable long-term savings to the 
Government with respect to the cost of facility operations.
    (II) The features and equipment described under subclause (I) shall 
comply with the standards promulgated by the Archivist under subsection 
(a)(2).
    (III) The Archivist shall promulgate standards to be used in 
calculating the dollar amount of any credit to be given, and shall 
consult with all donors of the endowment before giving any credits. The 
total dollar amount of credits given under this paragraph may not exceed 
20 percent of the base endowment amount.
    (D)(i) In calculating the additional endowment amount required under 
paragraph (4), the Archivist shall take into account credits given under 
subparagraph (C), and may also give credits against the additional 
endowment amount required under paragraph (4), if the Archivist 
determines that construction features or equipment used in making or 
equipping the physical or material change or addition are expected to 
result in quantifiable long-term savings to the Government with respect 
to the cost of facility operations.
    (ii) The features and equipment described under clause (i) shall 
comply with the standards promulgated by the Archivist under subsection 
(a)(2).
    (iii) The Archivist shall promulgate standards to be used in 
calculating the dollar amount of any credit to be given, and shall 
consult with all donors of the endowment before giving any credits. The 
total dollar amount of credits given under this paragraph may not exceed 
20 percent of the additional endowment amount required under paragraph 
(4).

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108; Pub. L. 94-
575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95-591, 
Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec. 2112 and 
amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 107(a)(6), Oct. 
19, 1984, 98 Stat. 2280, 2286; Pub. L. 99-323, Sec. 3, May 27, 1986, 100 
Stat. 495; Pub. L. 108-7, div. J, title V, Sec. 513, Feb. 20, 2003, 117 
Stat. 462; Pub. L. 108-383, Sec. 4(a), Oct. 30, 2004, 118 Stat. 2218.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(f) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p), 66 Stat. 
594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 
Stat. 695).


                            Prior Provisions

    A prior section 2112 was renumbered section 2116 of this title.


                               Amendments

    2004--Subsec. (e). Pub. L. 108-383 substituted ``space, or for the 
occasional, non-official use of rooms and spaces (and services related 
to such use),'' for ``space''.
    2003--Subsec. (g)(5). Pub. L. 108-7 added par. (5).
    1986--Subsec. (a). Pub. L. 99-323, Sec. 3(a), amended subsec. (a) 
generally, revising and restating as pars. (1) to (5) provisions of 
former undesignated pars. containing similar subject matter.
    Subsec. (g). Pub. L. 99-323, Sec. 3(b), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``When the 
Archivist considers it be in the public interest, he may accept gifts or 
bequests of money or other property for the purpose of maintaining, 
operating, protecting, or improving a Presidential archival depository. 
The proceeds of gifts or bequests, together with the proceeds from fees 
or from sales of historical materials, copies or reproductions, 
catalogs, or other items, having to do with a Presidential archival 
depository, shall be paid into the National Archives Trust Fund to be 
held, administered, and expended for the benefit and in the interest of 
the Presidential archival depository in connection with which they were 
received, including administrative and custodial expenses as the 
Archivist determines.''
    1984--Subsec. (a). Pub. L. 98-497, Sec. 107(a)(6), substituted 
``Archivist'' for ``Administrator of General Services'' and 
``Archivist'' for ``Administrator'' wherever appearing.
    Subsecs. (b), (c). Pub. L. 98-497, Sec. 107(a)(6), substituted 
``Archivist'' for ``Administrator'' and ``section 2111'' for ``section 
2107'' wherever appearing.
    Subsecs. (d) to (g). Pub. L. 98-497, Sec. 107(a)(6), substituted 
``Archivist'' for ``Administrator'' wherever appearing.
    1978--Subsec. (c). Pub. L. 95-591 limited application of subsec. (c) 
when dealing with Presidential records.
    1976--Subsecs. (b), (c). Pub. L. 94-575 substituted reference to 
section ``2107'' for ``3106''.


                    Effective Date of 1986 Amendment

    Section 4 of Pub. L. 99-323 provided that: ``Paragraphs (3) and (4) 
of section 2112(g) of title 44, United States Code (as added by the 
amendment made by section 3(b) of this Act) shall apply with respect to 
any Presidential archival depository created as a depository for the 
papers, documents, and other historical materials and Federal records 
pertaining to any President who takes the oath of office as President 
for the first time on or after January 20, 1985.''


                    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.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-591 effective with respect to Presidential 
records created during a term of office of President beginning on or 
after Jan. 20, 1981, see section 3 of Pub. L. 95-591, set out as an 
Effective Date note under section 2201 of this title.


                     John Fitzgerald Kennedy Library

    Pub. L. 89-547, Aug. 27, 1966, 80 Stat. 370, provided: ``That the 
Administrator of General Services is hereby authorized to accept title 
to the structure or structures to be erected and equipped at Cambridge, 
Massachusetts, by the John Fitzgerald Kennedy Library, Incorporated, to 
be transferred to the United States Government, without reimbursement, 
for use as a Presidential archival depository to be known as the John 
Fitzgerald Kennedy Library, and to maintain, operate, and protect such 
depository as a part of the National Archives system. The Administrator 
may enter into such agreements with the officers of the John Fitzgerald 
Kennedy Library, Incorporated, as are necessary to complete the transfer 
of title to the United States and may do so without regard to the 
provision of section 507(f)(1) of the Federal Property and 
Administrative Services Act of 1949, as amended (44 U.S.C. [former] 
397(f)(1) [now subsec. (a) of this section], that the Administrator 
shall not enter into any such agreement until the expiration of the 
first period of sixty calendar days of continuous session of the 
Congress following the date on which a report in writing of any such 
proposed Presidential archival depository is transmitted by the 
Administrator to the President of the Senate and the Speaker of the 
House of Representatives.''
    [For transfer of certain functions of the Administrator of General 
Services under Pub. L. 89-547 to the Archivist of the United States, see 
section 103(b)(2) of Pub. L. 98-497, set out as a Transfer of Functions 
note under section 2102 of this title.]


         Lyndon Baines Johnson Presidential Archival Depository

    Pub. L. 89-169, Sept. 6, 1965, 79 Stat. 648, provided: ``That the 
Administrator of General Services is hereby authorized to enter into an 
agreement upon such terms and conditions as he determines proper with 
the University of Texas to utilize as the Lyndon Baines Johnson Archival 
Depository, land, buildings, and equipment of such university to be made 
available by it without transfer of title to the United States, and to 
maintain, operate and protect such depository as a part of the National 
Archives system. Such agreement may be entered into without regard to 
the provisions of section 507(f)(1) of the Federal Property and 
Administrative Services Act of 1949, as amended (44 U.S.C. [former] 
397(f)(1)) [now subsec. (a) of this section], that the Administrator 
shall not enter into any such agreement until the expiration of the 
first period of sixty calendar days of continuous session of the 
Congress following the date on which a report in writing of any such 
proposed Presidential archival depository is transmitted by the 
Administrator to the President of the Senate and the Speaker of the 
House of Representatives.''
    [For transfer of certain functions of the Administrator of General 
Services under Pub. L. 89-169 to the Archivist of the United States, see 
section 103(b)(2) of Pub. L. 98-497, set out as a Transfer of Functions 
note under section 2102 of this title.]


Sec. 2113. Depository for agreements between States

    The Archivist may receive duplicate originals or authenticated 
copies of agreements or compacts entered into under the Constitution and 
laws of the United States, between States of the Union, and take 
necessary actions for their preservation and servicing.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1290, Sec. 2109; renumbered 
Sec. 2113 and amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 
107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(h) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583, and amended July 12, 1952, ch. 703, Sec. 1(o), (p), 66 Stat. 
594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 
Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494; June 13, 1957, 
Pub. L. 85-51, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85-341, Sec. 1(1), 72 
Stat. 34).


                            Prior Provisions

    A prior section 2113 was renumbered section 2117 of this title.


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(7), substituted ``Archivist'' for 
``Administrator of General Services''.


                    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.


Sec. 2114. Preservation of motion-picture films, still pictures, 
        and sound recordings
        
    The Archivist may make and preserve motion-picture films, still 
pictures, and sound recordings pertaining to and illustrative of the 
historical development of the United States Government and its 
activities, and provide for preparing, editing, titling, scoring, 
processing, duplicating, reproducing, exhibiting, and releasing for non-
profit educational purposes, motion-picture films, still pictures, and 
sound recordings in his custody.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1290, Sec. 2110; renumbered 
Sec. 2114 and amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 
107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 397(i) (June 30, 1949, ch. 
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p), 66 Stat. 
594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 
Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494; June 13, 1957, 
Pub. L. 85-51, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85-341, Sec. 1(1), 72 
Stat. 34).


                            Prior Provisions

    A prior section 2114 was renumbered section 2118 of this title.


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(7), substituted ``Archivist'' for 
``Administrator of General Services''.


                    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.


Sec. 2115. Reports; correction of violations

    (a) In carrying out their respective duties and responsibilities 
under chapters 21, 25, 29, 31, and 33 of this title, the Archivist and 
the Administrator may each obtain reports from any Federal agency on 
such agency's activities under such chapters.
    (b) When either the Archivist or the Administrator finds that a 
provision of any such chapter has been or is being violated, the 
Archivist or the Administrator shall (1) inform in writing the head of 
the agency concerned of the violation and make recommendations for its 
correction; and (2) unless satisfactory corrective measures are 
inaugurated within a reasonable time, submit a written report of the 
matter to the President and the Congress.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1290, Sec. 2111; Pub. L. 94-
575, Sec. 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered Sec. 2115 and 
amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 107(a)(8), Oct. 
19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 398 (June 30, 1949, ch. 288, 
title V, Sec. 508, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 
583).


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(8), amended section generally, 
inserting reference to Archivist and striking out reference to chapter 
27 of this title.
    1976--Subsec. (b). Pub. L. 94-575 inserted reference to chapter 33 
of this title.


                    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.


Sec. 2116. Legal status of reproductions; official seal; fees 
        for copies and reproductions
        
    (a) When records that are required by statute to be retained 
indefinitely have been reproduced by photographic, microphotographic, or 
other processes, in accordance with standards established by the 
Archivist the indefinite retention by the photographic, 
microphotographic, or other reproductions constitutes compliance with 
the statutory requirement for the indefinite retention of the original 
records. The reproductions, as well as reproductions made under 
regulations to carry out chapter 21, 29, 31, and 33 of this title, shall 
have the same legal status as the originals.
    (b) There shall be an official seal for the National Archives of the 
United States which shall be judicially noticed. When a copy or 
reproduction, furnished under this section, is authenticated by the 
official seal and certified by the Archivist, the copy or reproduction 
shall be admitted in evidence equally with the original from which it 
was made.
    (c) The Archivist may charge a fee set to recover the costs for 
making or authenticating copies or reproductions of materials 
transferred to his custody. Such fee shall be fixed by the Archivist at 
a level which will recover, so far as practicable, all elements of such 
costs, and may, in the Archivist's discretion, include increments for 
the estimated replacement cost of equipment. Such fees shall be paid 
into, administered, and expended as a part of the National Archives 
Trust Fund. The Archivist may not charge for making or authenticating 
copies or reproductions of materials for official use by the United 
States Government unless appropriations available to the Archivist for 
this purpose are insufficient to cover the cost of performing the work.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2112; Pub. L. 94-
575, Sec. 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered Sec. 2116 and 
amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 107(a)(9), title 
II, Sec. 201, Oct. 19, 1984, 98 Stat. 2280, 2286, 2292.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 399 (June 30, 1949, ch. 288, 
title V, Sec. 509, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 
583).


                               Amendments

    1984--Subsec. (a). Pub. L. 98-497, Sec. 107(a)(9)(A), substituted 
``Archivist'' for ``Administrator of General Services''.
    Subsec. (b). Pub. L. 98-497, Sec. 107(a)(9)(B), substituted 
``Archivist'' for ``Administrator''.
    Subsec. (c). Pub. L. 98-497, Sec. 201, substituted provisions 
transferring functions from Administrator of General Services to 
Archivist of the United States, further substituted provisions relating 
to permissible fee charges for former provisions which set a fee not in 
excess of 10 percent above costs and expenses for making copies, 
inserted ``unless appropriations available to the Archivist for this 
purpose are insufficient to cover the cost of performing the work'', and 
struck out provision that reimbursement may be accepted to cover cost of 
furnishing copies or reproductions that could not otherwise be 
furnished.
    1976--Subsec. (a). Pub. L. 94-575 inserted reference to chapter 33 
of this title.


                    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.


Sec. 2117. Limitation on liability

    When letters and other intellectual productions (exclusive of 
patented material, published works under copyright protection, and 
unpublished works for which copyright registration has been made) come 
into the custody or possession of the Archivist, the United States or 
its agents are not liable for infringement of copyright or analogous 
rights arising out of use of the materials for display, inspection, 
research, reproduction, or other purposes.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2113; Pub. L. 94-
553, Sec. 105(b), Oct. 19, 1976, 90 Stat. 2599; renumbered Sec. 2117 and 
amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 107(a)(7), Oct. 
19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 400 (June 30, 1949, ch. 288, 
title V, Sec. 510, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 
583).


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(7), substituted ``Archivist'' for 
``Administrator of General Services''.
    1976--Pub. L. 94-553 substituted ``productions (exclusive of 
patented material, published works under copyright protection, and 
unpublished works for which copyright registration has been made) come 
into the custody or possession of the Administrator of General Services, 
the United States or its agents are not liable for infringement of 
copyright or analogous rights'' for ``productions, exclusive of material 
copyrighted or patented, come into the custody or possession of the 
Administrator of General Services, the United States or its agents are 
not liable for infringement of literary property rights or analogous 
rights''.


                    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.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section 102 
of Pub. L. 94-553, set out as an Effective Date note preceding section 
101 of Title 17, Copyrights.


Sec. 2118. Records of Congress

    The Secretary of the Senate and the Clerk of the House of 
Representatives, acting jointly, shall obtain at the close of each 
Congress all the noncurrent records of the Congress and of each 
congressional committee and transfer them to the National Archives and 
Records Administration for preservation, subject to the orders of the 
Senate or the House of Representatives, respectively.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2114; renumbered 
Sec. 2118 and amended Pub. L. 98-497, title I, Sec. Sec. 102(a)(1), 
107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 402 (Aug. 2, 1946, ch. 753, 
title I, Sec. 140, 60 Stat. 833).


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(a)(10)), substituted ``National 
Archives and Records Administration'' for ``General Services 
Administration''.


                    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.


Sec. 2119. Cooperative agreements

    (a) Authority.--The Archivist may enter into cooperative agreements 
pursuant to section 6305 of title 31 that involve the transfer of funds 
from the National Archives and Records Administration to State and local 
governments, other public entities, educational institutions, or private 
nonprofit organizations (including foundations or institutes organized 
to support the National Archives and Records Administration or the 
Presidential archival depositories operated by it) for the public 
purpose of carrying out programs of the National Archives and Records 
Administration.
    (b) Limitations.--Not more than $25,000 may be transferred under a 
cooperative agreement entered into as authorized by subsection (a). Not 
more than a total of $75,000 may be transferred under such agreements in 
any fiscal year.
    (c) Report.--Not later than December 31st of each year, the 
Archivist shall submit to the Committee on Government Reform of the 
House of Representatives and the Committee on Governmental Affairs of 
the Senate a report on the provisions, amount, and duration of each 
cooperative agreement entered into as authorized by subsection (a) 
during the preceding fiscal year.

(Added Pub. L. 108-383, Sec. 5(a), Oct. 30, 2004, 118 Stat. 2219.)

                         Change of Name

    Committee on Government Reform of House of Representatives changed 
to Committee on Oversight and Government Reform of House of 
Representatives by House Resolution No. 6, One Hundred Tenth Congress, 
Jan. 5, 2007.
    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.


                    CHAPTER 22--PRESIDENTIAL RECORDS

Sec.
2201.         Definitions.
2202.         Ownership of Presidential records.
2203.         Management and custody of Presidential records.
2204.         Restrictions on access to Presidential records.
2205.         Exceptions to restriction on access.\1\
  
---------------------------------------------------------------------------
    \1\ So in original. Does not conform to section catchline.
---------------------------------------------------------------------------
2206.         Regulations.
2207.         Vice-Presidential records.


Sec. 2201. Definitions

    As used in this chapter--
        (1) The term ``documentary material'' means all books, 
    correspondence, memorandums, documents, papers, pamphlets, works of 
    art, models, pictures, photographs, plats, maps, films, and motion 
    pictures, including, but not limited to, audio, audiovisual, or 
    other electronic or mechanical recordations.
        (2) The term ``Presidential records'' means documentary 
    materials, or any reasonably segregable portion thereof, created or 
    received by the President, his immediate staff, or a unit or 
    individual of the Executive Office of the President whose function 
    is to advise and assist the President, in the course of conducting 
    activities which relate to or have an effect upon the carrying out 
    of the constitutional, statutory, or other official or ceremonial 
    duties of the President. Such term--
            (A) includes any documentary materials relating to the 
        political activities of the President or members of his staff, 
        but only if such activities relate to or have a direct effect 
        upon the carrying out of constitutional, statutory, or other 
        official or ceremonial duties of the President; but
            (B) does not include any documentary materials that are (i) 
        official records of an agency (as defined in section 552(e) \1\ 
        of title 5, United States Code); (ii) personal records; (iii) 
        stocks of publications and stationery; or (iv) extra copies of 
        documents produced only for convenience of reference, when such 
        copies are clearly so identified.
---------------------------------------------------------------------------
    \1\ See References in Text note below.

        (3) The term ``personal records'' means all documentary 
    materials, or any reasonably segregable portion therof,\2\ of a 
    purely private or nonpublic character which do not relate to or have 
    an effect upon the carrying out of the constitutional, statutory, or 
    other official or ceremonial duties of the President. Such term 
    includes--
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``thereof,''.
---------------------------------------------------------------------------
            (A) diaries, journals, or other personal notes serving as 
        the functional equivalent of a diary or journal which are not 
        prepared or utilized for, or circulated or communicated in the 
        course of, transacting Government business;
            (B) materials relating to private political associations, 
        and having no relation to or direct effect upon the carrying out 
        of constitutional, statutory, or other official or ceremonial 
        duties of the President; and
            (C) materials relating exclusively to the President's own 
        election to the office of the Presidency; and materials directly 
        relating to the election of a particular individual or 
        individuals to Federal, State, or local office, which have no 
        relation to or direct effect upon the carrying out of 
        constitutional, statutory, or other official or ceremonial 
        duties of the President.

        (4) The term ``Archivist'' means the Archivist of the United 
    States.
        (5) The term ``former President'', when used with respect to 
    Presidential records, means the former President during whose term 
    or terms of office such Presidential records were created.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2523.)

                       References in Text

    Section 552(e) of title 5, referred to in par. (2)(B)(i), was 
redesignated section 552(f) of title 5 by section 1802(b) of Pub. L. 99-
570.


                             Effective Date

    Section 3 of Pub. L. 95-591 provided that: ``The amendments made by 
this Act [enacting this chapter, amending sections 2111 and 2112 of this 
title, and enacting provisions set out as notes under this section] 
shall be effective with respect to any Presidential records (as defined 
in section 2201(2) of title 44, as amended by section 2 of this Act) 
created during a term of office of the President beginning on or after 
January 20, 1981.''


                      Short Title of 1978 Amendment

    For short title of Pub. L. 95-591, which enacted this chapter, as 
the ``Presidential Records Act of 1978'', see section 1 of Pub. L. 95-
591, set out as a note under section 101 of this title.


                              Separability

    Section 4 of Pub. L. 95-591 provided that: ``If any provision of 
this Act [enacting this chapter, amending sections 2107 and 2108 of this 
title and enacting provisions set out as notes under this section] is 
held invalid for any reason by any court, the validity and legal effect 
of the remaining provisions shall not be affected thereby.''


Sec. 2202. Ownership of Presidential records

    The United States shall reserve and retain complete ownership, 
possession, and control of Presidential records; and such records shall 
be administered in accordance with the provisions of this chapter.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2524.)


Sec. 2203. Management and custody of Presidential records

    (a) Through the implementation of records management controls and 
other necessary actions, the President shall take all such steps as may 
be necessary to assure that the activities, deliberations, decisions, 
and policies that reflect the performance of his constitutional, 
statutory, or other official or ceremonial duties are adequately 
documented and that such records are maintained as Presidential records 
pursuant to the requirements of this section and other provisions of 
law.
    (b) Documentary materials produced or received by the President, his 
staff, or units or individuals in the Executive Office of the President 
the function of which is to advise and assist the President, shall, to 
the extent practicable, be categorized as Presidential records or 
personal records upon their creation or receipt and be filed separately.
    (c) During his term of office, the President may dispose of those of 
his Presidential records that no longer have administrative, historical, 
informational, or evidentiary value if--
        (1) the President obtains the views, in writing, of the 
    Archivist concerning the proposed disposal of such Presidential 
    records; and
        (2) the Archivist states that he does not intend to take any 
    action under subsection (e) of this section.

    (d) In the event the Archivist notifies the President under 
subsection (c) that he does intend to take action under subsection (e), 
the President may dispose of such Presidential records if copies of the 
disposal schedule are submitted to the appropriate Congressional 
Committees at least 60 calendar days of continuous session of Congress 
in advance of the proposed disposal date. For the purpose of this 
section, continuity of session is broken only by an adjournment of 
Congress sine die, and the days on which either House is not in session 
because of an adjournment of more than three days to a day certain are 
excluded in the computation of the days in which Congress is in 
continuous session.
    (e) The Archivist shall request the advice of the Committee on Rules 
and Administration and the Committee on Governmental Affairs of the 
Senate and the Committee on House Oversight and the Committee on 
Government Operations of the House of Representatives with respect to 
any proposed disposal of Presidential records whenever he considers 
that--
        (1) these particular records may be of special interest to the 
    Congress; or
        (2) consultation with the Congress regarding the disposal of 
    these particular records is in the public interest.

    (f)(1) Upon the conclusion of a President's term of office, or if a 
President serves consecutive terms upon the conclusion of the last term, 
the Archivist of the United States shall assume responsibility for the 
custody, control, and preservation of, and access to, the Presidential 
records of that President. The Archivist shall have an affirmative duty 
to make such records available to the public as rapidly and completely 
as possible consistent with the provisions of this Act.
    (2) The Archivist shall deposit all such Presidential records in a 
Presidential archival depository or another archival facility operated 
by the United States. The Archivist is authorized to designate, after 
consultation with the former President, a director at each depository or 
facility, who shall be responsible for the care and preservation of such 
records.
    (3) The Archivist is authorized to dispose of such Presidential 
records which he has appraised and determined to have insufficient 
administrative, historical, informational, or evidentiary value to 
warrant their continued preservation. Notice of such disposal shall be 
published in the Federal Register at least 60 days in advance of the 
proposed disposal date. Publication of such notice shall constitute a 
final agency action for purposes of review under chapter 7 of title 5, 
United States Code.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2524; amended 
Pub. L. 104-186, title II, Sec. 223(9), Aug. 20, 1996, 110 Stat. 1752.)

                       References in Text

    This Act, referred to in subsec. (f)(1), probably means Pub. L. 95-
591, Nov. 4, 1978, 92 Stat. 2523, known as the Presidential Records Act 
of 1978, which enacted this chapter, amended sections 2107 and 2108 of 
this title, and enacted provisions set out as notes under section 2201 
of this title. For complete classification of this Act to the Code, see 
Short Title of 1978 Amendment note set out under section 101 of this 
title and Tables.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-186 substituted ``House Oversight'' 
for ``House Administration''.

                         Change of Name

    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.
    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.
    Committee on Government Operations of House of Representatives 
treated as referring to Committee on Government Reform and Oversight of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Government Reform and Oversight of House of Representatives changed to 
Committee on Government Reform of House of Representatives by House 
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on 
Government Reform of House of Representatives changed to Committee on 
Oversight and Government Reform of House of Representatives by House 
Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

                Classified National Security Information

    For provisions authorizing Archivist to review, downgrade, and 
declassify information of former Presidents under control of Archivist 
pursuant to this section, see Ex. Ord. No. 12958, Sec. 3.6(b)(4), Apr. 
17, 1995, 60 F.R. 19835, set out as a note under section 435 of Title 
50, War and National Defense.


Sec. 2204. Restrictions on access to Presidential records

    (a) Prior to the conclusion of his term of office or last 
consecutive term of office, as the case may be, the President shall 
specify durations, not to exceed 12 years, for which access shall be 
restricted with respect to information, in a Presidential record, within 
one or more of the following categories:
        (1)(A) specifically authorized under criteria established by an 
    Executive order to be kept secret in the interest of national 
    defense or foreign policy and (B) in fact properly classified 
    pursuant to such Executive order;
        (2) relating to appointments to Federal office;
        (3) specifically exempted from disclosure by statute (other than 
    sections 552 and 552b of title 5, United States Code), provided that 
    such statute (A) requires that the material be withheld from the 
    public in such a manner as to leave no discretion on the issue, or 
    (B) establishes particular criteria for withholding or refers to 
    particular types of material to be withheld;
        (4) trade secrets and commercial or financial information 
    obtained from a person and privileged or confidential;
        (5) confidential communications requesting or submitting advice, 
    between the President and his advisers, or between such advisers; or
        (6) personnel and medical files and similar files the disclosure 
    of which would constitute a clearly unwarranted invasion of personal 
    privacy.

    (b)(1) Any Presidential record or reasonably segregable portion 
thereof containing information within a category restricted by the 
President under subsection (a) shall be so designated by the Archivist 
and access thereto shall be restricted until the earlier of--
        (A)(i) the date on which the former President waives the 
    restriction on disclosure of such record, or
        (ii) the expiration of the duration specified under subsection 
    (a) for the category of information on the basis of which access to 
    such record has been restricted; or
        (B) upon a determination by the Archivist that such record or 
    reasonably segregable portion thereof, or of any significant element 
    or aspect of the information contained in such record or reasonably 
    segregable portion thereof, has been placed in the public domain 
    through publication by the former President, or his agents.

    (2) Any such record which does not contain information within a 
category restricted by the President under subsection (a), or contains 
information within such a category for which the duration of restricted 
access has expired, shall be exempt from the provisions of subsection 
(c) until the earlier of--
        (A) the date which is 5 years after the date on which the 
    Archivist obtains custody of such record pursuant to section 
    2203(d)(1); or
        (B) the date on which the Archivist completes the processing and 
    organization of such records or integral file segment thereof.

    (3) During the period of restricted access specified pursuant to 
subsection (b)(1), the determination whether access to a Presidential 
record or reasonably segregable portion thereof shall be restricted 
shall be made by the Archivist, in his discretion, after consultation 
with the former President, and, during such period, such determinations 
shall not be subject to judicial review, except as provided in 
subsection (e) of this section. The Archivist shall establish procedures 
whereby any person denied access to a Presidential record because such 
record is restricted pursuant to a determination made under this 
paragraph, may file an administrative appeal of such determination. Such 
procedures shall provide for a written determination by the Archivist or 
his designee, within 30 working days after receipt of such an appeal, 
setting forth the basis for such determination.
    (c)(1) Subject to the limitations on access imposed pursuant to 
subsections (a) and (b), Presidential records shall be administered in 
accordance with section 552 of title 5, United States Code, except that 
paragraph (b)(5) of that section shall not be available for purposes of 
withholding any Presidential record, and for the purposes of such 
section such records shall be deemed to be records of the National 
Archives and Records Administration. Access to such records shall be 
granted on nondiscriminatory terms.
    (2) Nothing in this Act shall be construed to confirm, limit, or 
expand any constitutionally-based privilege which may be available to an 
incumbent or former President.
    (d) Upon the death or disability of a President or former President, 
any discretion or authority the President or former President may have 
had under this chapter shall be exercised by the Archivist unless 
otherwise previously provided by the President or former President in a 
written notice to the Archivist.
    (e) The United States District Court for the District of Columbia 
shall have jurisdiction over any action initiated by the former 
President asserting that a determination made by the Archivist violates 
the former President's rights or privileges.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2525; amended 
Pub. L. 98-497, title I, Sec. 107(b)(7), Oct. 19, 1984, 98 Stat. 2287.)

                       References in Text

    This Act, referred to in subsec. (c)(2), probably means Pub. L. 95-
591, Nov. 4, 1978, 92 Stat. 2523, known as the Presidential Records Act 
of 1978, which enacted this chapter, amended sections 2107 and 2108 of 
this title, and enacted provisions set out as notes under section 2201 
of this title. For complete classification of this Act to the Code, see 
Short Title of 1978 Amendment note set out under section 101 of this 
title and Tables.


                               Amendments

    1984--Subsec. (c)(1). Pub. L. 98-497 substituted ``National Archives 
and Records Administration'' for ``National Archives and Records Service 
of the General Services Administration''.


                    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.

                        Executive Order No. 12667

    Ex. Ord. No. 12667, Jan. 18, 1989, 54 F.R. 3403, which established 
policies and procedures governing the assertion of Executive privilege 
by incumbent and former Presidents in connection with the release of 
Presidential records by the National Archives and Records Administration 
pursuant to this chapter, was revoked by Ex. Ord. No. 13233, Sec. 13, 
Nov. 1, 2001, 66 F.R. 56029, set out below.

 Ex. Ord. No. 13233. Further Implementation of the Presidential Records 
                                   Act

    Ex. Ord. No. 13233, Nov. 1, 2001, 66 F.R. 56025, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to establish 
policies and procedures implementing section 2204 of title 44 of the 
United States Code with respect to constitutionally based privileges, 
including those that apply to Presidential records reflecting military, 
diplomatic, or national security secrets, Presidential communications, 
legal advice, legal work, or the deliberative processes of the President 
and the President's advisors, and to do so in a manner consistent with 
the Supreme Court's decisions in Nixon v. Administrator of General 
Services, 433 U.S. 425 (1977), and other cases, it is hereby ordered as 
follows:
    Section 1. Definitions.
    For purposes of this order:
    (a) ``Archivist'' refers to the Archivist of the United States or 
his designee.
    (b) ``Presidential records'' refers to those documentary materials 
maintained by the National Archives and Records Administration pursuant 
to the Presidential Records Act [of 1978], 44 U.S.C. 2201-2207.
    (c) ``Former President'' refers to the former President during whose 
term or terms of office particular Presidential records were created.
    Sec. 2. Constitutional and Legal Background.
    (a) For a period not to exceed 12 years after the conclusion of a 
Presidency, the Archivist administers records in accordance with the 
limitations on access imposed by section 2204 of title 44. After 
expiration of that period, section 2204(c) of title 44 directs that the 
Archivist administer Presidential records in accordance with section 552 
of title 5, the Freedom of Information Act, including by withholding, as 
appropriate, records subject to exemptions (b)(1), (b)(2), (b)(3), 
(b)(4), (b)(6), (b)(7), (b)(8), and (b)(9) of section 552. Section 
2204(c)(1) of title 44 provides that exemption (b)(5) of section 552 is 
not available to the Archivist as a basis for withholding records, but 
section 2204(c)(2) recognizes that the former President or the incumbent 
President may assert any constitutionally based privileges, including 
those ordinarily encompassed within exemption (b)(5) of section 552. The 
President's constitutionally based privileges subsume privileges for 
records that reflect: military, diplomatic, or national security secrets 
(the state secrets privilege); communications of the President or his 
advisors (the presidential communications privilege); legal advice or 
legal work (the attorney-client or attorney work product privileges); 
and the deliberative processes of the President or his advisors (the 
deliberative process privilege).
    (b) In Nixon v. Administrator of General Services, the Supreme Court 
set forth the constitutional basis for the President's privileges for 
confidential communications: ``Unless [the President] can give his 
advisers some assurance of confidentiality, a President could not expect 
to receive the full and frank submissions of facts and opinions upon 
which effective discharge of his duties depends.'' 433 U.S. at 448-49. 
The Court cited the precedent of the Constitutional Convention, the 
records of which were ``sealed for more than 30 years after the 
Convention.'' Id. at 447 n.11. Based on those precedents and principles, 
the Court ruled that constitutionally based privileges available to a 
President ``survive the individual President's tenure.'' Id. at 449. The 
Court also held that a former President, although no longer a Government 
official, may assert constitutionally based privileges with respect to 
his Administration's Presidential records, and expressly rejected the 
argument that ``only an incumbent President can assert the privilege of 
the Presidency.'' Id. at 448.
    (c) The Supreme Court has held that a party seeking to overcome the 
constitutionally based privileges that apply to Presidential records 
must establish at least a ``demonstrated, specific need'' for particular 
records, a standard that turns on the nature of the proceeding and the 
importance of the information to that proceeding. See United States v. 
Nixon, 418 U.S. 683, 713 (1974). Notwithstanding the constitutionally 
based privileges that apply to Presidential records, many former 
Presidents have authorized access, after what they considered an 
appropriate period of repose, to those records or categories of records 
(including otherwise privileged records) to which the former Presidents 
or their representatives in their discretion decided to authorize 
access. See Nixon v. Administrator of General Services, 433 U.S. at 450-
51.
    Sec. 3. Procedure for Administering Privileged Presidential Records.
    Consistent with the requirements of the Constitution and the 
Presidential Records Act, the Archivist shall administer Presidential 
records under section 2204(c) of title 44 in the following manner:
    (a) At an appropriate time after the Archivist receives a request 
for access to Presidential records under section 2204(c)(1), the 
Archivist shall provide notice to the former President and the incumbent 
President and, as soon as practicable, shall provide the former 
President and the incumbent President copies of any records that the 
former President and the incumbent President request to review.
    (b) After receiving the records he requests, the former President 
shall review those records as expeditiously as possible, and for no 
longer than 90 days for requests that are not unduly burdensome. The 
Archivist shall not permit access to the records by a requester during 
this period of review or when requested by the former President to 
extend the time for review.
    (c) After review of the records in question, or of any other 
potentially privileged records reviewed by the former President, the 
former President shall indicate to the Archivist whether the former 
President requests withholding of or authorizes access to any privileged 
records.
    (d) Concurrent with or after the former President's review of the 
records, the incumbent President or his designee may also review the 
records in question, or may utilize whatever other procedures the 
incumbent President deems appropriate to decide whether to concur in the 
former President's decision to request withholding of or authorize 
access to the records.
    (1) When the former President has requested withholding of the 
records:
        (i) If under the standard set forth in section 4 below, the 
    incumbent President concurs in the former President's decision to 
    request withholding of records as privileged, the incumbent 
    President shall so inform the former President and the Archivist. 
    The Archivist shall not permit access to those records by a 
    requester unless and until the incumbent President advises the 
    Archivist that the former President and the incumbent President 
    agree to authorize access to the records or until so ordered by a 
    final and nonappealable court order.
        (ii) If under the standard set forth in section 4 below, the 
    incumbent President does not concur in the former President's 
    decision to request withholding of the records as privileged, the 
    incumbent President shall so inform the former President and the 
    Archivist. Because the former President independently retains the 
    right to assert constitutionally based privileges, the Archivist 
    shall not permit access to the records by a requester unless and 
    until the incumbent President advises the Archivist that the former 
    President and the incumbent President agree to authorize access to 
    the records or until so ordered by a final and nonappealable court 
    order.
    (2) When the former President has authorized access to the records:
        (i) If under the standard set forth in section 4 below, the 
    incumbent President concurs in the former President's decision to 
    authorize access to the records, the Archivist shall permit access 
    to the records by the requester.
        (ii) If under the standard set forth in section 4 below, the 
    incumbent President does not concur in the former President's 
    decision to authorize access to the records, the incumbent President 
    may independently order the Archivist to withhold privileged 
    records. In that instance, the Archivist shall not permit access to 
    the records by a requester unless and until the incumbent President 
    advises the Archivist that the former President and the incumbent 
    President agree to authorize access to the records or until so 
    ordered by a final and nonappealable court order.
    Sec. 4. Concurrence by Incumbent President.
    Absent compelling circumstances, the incumbent President will concur 
in the privilege decision of the former President in response to a 
request for access under section 2204(c)(1). When the incumbent 
President concurs in the decision of the former President to request 
withholding of records within the scope of a constitutionally based 
privilege, the incumbent President will support that privilege claim in 
any forum in which the privilege claim is challenged.
    Sec. 5. Incumbent President's Right to Obtain Access.
    This order does not expand or limit the incumbent President's right 
to obtain access to the records of a former President pursuant to 
section 2205(2)(B) [of title 44].
    Sec. 6. Right of Congress and Courts to Obtain Access.
    This order does not expand or limit the rights of a court, House of 
Congress, or authorized committee or subcommittee of Congress to obtain 
access to the records of a former President pursuant to section 
2205(2)(A) or section 2205(2)(C). With respect to such requests, the 
former President shall review the records in question and, within 21 
days of receiving notice from the Archivist, indicate to the Archivist 
his decision with respect to any privilege. The incumbent President 
shall indicate his decision with respect to any privilege within 21 days 
after the former President has indicated his decision. Those periods may 
be extended by the former President or the incumbent President for 
requests that are burdensome. The Archivist shall not permit access to 
the records unless and until the incumbent President advises the 
Archivist that the former President and the incumbent President agree to 
authorize access to the records or until so ordered by a final and 
nonappealable court order.
    Sec. 7. No Effect on Right to Withhold Records.
    This order does not limit the former President's or the incumbent 
President's right to withhold records on any ground supplied by the 
Constitution, statute, or regulation.
    Sec. 8. Withholding of Privileged Records During 12-Year Period.
    In the period not to exceed 12 years after the conclusion of a 
Presidency during which section 2204(a) and section 2204(b) of title 44 
apply, a former President or the incumbent President may request 
withholding of any privileged records not already protected from 
disclosure under section 2204. If the former President or the incumbent 
President so requests, the Archivist shall not permit access to any such 
privileged records unless and until the incumbent President advises the 
Archivist that the former President and the incumbent President agree to 
authorize access to the records or until so ordered by a final and 
nonappealable court order.
    Sec. 9. Establishment of Procedures.
    This order is not intended to indicate whether and under what 
circumstances a former President should assert or waive any privilege. 
The order is intended to establish procedures for former and incumbent 
Presidents to make privilege determinations.
    Sec. 10. Designation of Representative.
    The former President may designate a representative (or series or 
group of alternative representatives, as the former President in his 
discretion may determine) to act on his behalf for purposes of the 
Presidential Records Act and this order. Upon the death or disability of 
a former President, the former President's designated representative 
shall act on his behalf for purposes of the Act and this order, 
including with respect to the assertion of constitutionally based 
privileges. In the absence of any designated representative after the 
former President's death or disability, the family of the former 
President may designate a representative (or series or group of 
alternative representatives, as they in their discretion may determine) 
to act on the former President's behalf for purposes of the Act and this 
order, including with respect to the assertion of constitutionally based 
privileges.
    Sec. 11. Vice Presidential Records.
    (a) Pursuant to section 2207 of title 44 of the United States Code, 
the Presidential Records Act applies to the executive records of the 
Vice President. Subject to subsections (b) and (c), this order shall 
also apply with respect to any such records that are subject to any 
constitutionally based privilege that the former Vice President may be 
entitled to invoke, but in the administration of this order with respect 
to such records, references in this order to a former President shall be 
deemed also to be references to the relevant former Vice President.
    (b) Subsection (a) shall not be deemed to authorize a Vice President 
or former Vice President to invoke any constitutional privilege of a 
President or former President except as authorized by that President or 
former President.
    (c) Nothing in this section shall be construed to grant, limit, or 
otherwise affect any privilege of a President, Vice President, former 
President, or former Vice President.
    Sec. 12. Judicial Review.
    This order is intended to improve the internal management of the 
executive branch and is not intended to create any right or benefit, 
substantive or procedural, enforceable at law by a party, other than a 
former President or his designated representative, against the United 
States, its agencies, its officers, or any person.
    Sec. 13. Revocation.
    Executive Order 12667 of January 18, 1989, is revoked.
                                                         George W. Bush.


Sec. 2205. Exceptions to restricted access

    Notwithstanding any restrictions on access imposed pursuant to 
section 2204--
        (1) the Archivist and persons employed by the National Archives 
    and Records Administration who are engaged in the performance of 
    normal archival work shall be permitted access to Presidential 
    records in the custody of the Archivist;
        (2) subject to any rights, defenses, or privileges which the 
    United States or any agency or person may invoke, Presidential 
    records shall be made available--
            (A) pursuant to subpena or other judicial process issued by 
        a court of competent jurisdiction for the purposes of any civil 
        or criminal investigation or proceeding;
            (B) to an incumbent President if such records contain 
        information that is needed for the conduct of current business 
        of his office and that is not otherwise available; and
            (C) to either House of Congress, or, to the extent of matter 
        within its jurisdiction, to any committee or subcommittee 
        thereof if such records contain information that is needed for 
        the conduct of its business and that is not otherwise available; 
        and

        (3) the Presidential records of a former President shall be 
    available to such former President or his designated representative.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2527; amended 
Pub. L. 98-497, title I, Sec. 107(b)(7), Oct. 19, 1984, 98 Stat. 2287.)


                               Amendments

    1984--Par. (1). Pub. L. 98-497 substituted ``National Archives and 
Records Administration'' for ``National Archives and Records Service of 
the General Services Administration''.


                    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.


Sec. 2206. Regulations

    The Archivist shall promulgate in accordance with section 553 of 
title 5, United States Code, regulations necessary to carry out the 
provisions of this chapter. Such regulations shall include--
        (1) provisions for advance public notice and description of any 
    Presidential records scheduled for disposal pursuant to section 
    2203(f)(3);
        (2) provisions for providing notice to the former President when 
    materials to which access would otherwise be restricted pursuant to 
    section 2204(a) are to be made available in accordance with section 
    2205(2);
        (3) provisions for notice by the Archivist to the former 
    President when the disclosure of particular documents may adversely 
    affect any rights and privileges which the former President may 
    have; and
        (4) provisions for establishing procedures for consultation 
    between the Archivist and appropriate Federal agencies regarding 
    materials which may be subject to section 552(b)(7) of title 5, 
    United States Code.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2527.)


Sec. 2207. Vice-Presidential records

    Vice-Presidential records shall be subject to the provisions of this 
chapter in the same manner as Presidential records. The duties and 
responsibilities of the Vice President, with respect to Vice-
Presidential records, shall be the same as the duties and 
responsibilities of the President under this chapter with respect to 
Presidential records. The authority of the Archivist with respect to 
Vice-Presidential records shall be the same as the authority of the 
Archivist under this chapter with respect to Presidential records, 
except that the Archivist may, when the Archivist determines that it is 
in the public interest, enter into an agreement for the deposit of Vice-
Presidential records in a non-Federal archival depository. Nothing in 
this chapter shall be construed to authorize the establishment of 
separate archival depositories for such Vice-Presidential records.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2527.)


             CHAPTER 23--NATIONAL ARCHIVES TRUST FUND BOARD

Sec.
2301.         Establishment of Board; membership.
2302.         Authority of the Board; seal; services; bylaws; rules; 
                  regulations; employees.
2303.         Powers and obligations of Board; liability of members.\1\
  
---------------------------------------------------------------------------
    \1\ Section catchline amended by Pub. L. 98-497 without 
corresponding amendment of analysis.
---------------------------------------------------------------------------
2304.         Compensation of members; availability of trust funds for 
                  expenses of Board.\1\
2305.         Acceptance of gifts.
2306.         Investment of funds.
2307.         Trust fund account; disbursements; sales of publications 
                  and releases.
2308.         Tax exemption for gifts.


                               Amendments

    1984--Pub. L. 98-497, title II, Sec. 202(c), Oct. 19, 1984, 98 Stat. 
2294, amended item 2302 generally.


Sec. 2301. Establishment of Board; membership

    The National Archives Trust Fund Board shall consist of the 
Archivist of the United States, as Chairman, and the Secretary of the 
Treasury and the Chairman of the National Endowment for the Humanities. 
Membership on the Board is not an office within the meaning of the 
statutes of the United States.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 94-391, Aug. 19, 
1976, 90 Stat. 1192; Pub. L. 95-379, Sept. 22, 1978, 92 Stat. 724; Pub. 
L. 98-497, title I, Sec. 107(b)(8), Oct. 19, 1984, 98 Stat. 2287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 300bb, 391 (part) (July 
9, 1941, ch. 284, Sec. 2, 55 Stat. 581; Aug. 2, 1946, ch. 753, title I, 
Sec. Sec. 102, 121, 60 Stat. 814, 822; June 30, 1949, ch. 288, title I, 
Sec. 104, 63 Stat. 381).
    This section incorporates only the last sentence of paragraph (b) of 
former section 391. The balance of that section will be found in 
sections 1506, 2102, 2501, and 2902 of the revision.


                               Amendments

    1984--Pub. L. 98-497 struck out ``The authority of the Administrator 
of General Services under section 754 of title 40 to regroup, transfer, 
and distribute functions within the General Services Administration does 
not extend to the Board or its functions.''
    1978--Pub. L. 95-379 substituted references to the Secretary of the 
Treasury and the Chairman of the National Endowment for the Humanities, 
for references to the chairman of the House Committee on Government 
Operations and the Senate Committee on Post Office and Civil Service.
    1976--Pub. L. 94-391 substituted reference to House Committee on 
Government Operations for reference to House Committee on Post Office 
and Civil Service.


                    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.


Sec. 2302. Authority of the Board; seal; services; bylaws; 
        rules; regulations; employees
        
    In carrying out the purposes of this chapter, the Board--
        (1) may adopt an official seal, which shall be judicially 
    noticed;
        (2) may utilize on a reimbursable basis the services and 
    personnel of the National Archives and Records Administration 
    necessary (as determined by the Archivist) to assist the Board in 
    the administration of the trust fund, and in the preparation and 
    publication of special works and collections of sources and 
    preparation, duplication, editing, and release of historical 
    photographic materials and sound recordings, and may utilize on a 
    reimbursable basis the services and personnel of other Federal 
    agencies for such purposes;
        (3) may adopt bylaws, rules, and regulations necessary for the 
    administration of its functions under this chapter; and
        (4) may, subject to the laws and regulations governing 
    appointments in the civil service, appoint and fix the compensation 
    of such personnel as may be necessary to carry out its functions.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497, title II, 
Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300hh (July 9, 1941. ch. 284, 
Sec. 8, 55 Stat. 582).

                       References in Text

    The laws governing appointments in the civil service, referred to in 
par. (4), are set out in Title 5, Government Organization and Employees. 
See, particularly, section 3301 et seq. of Title 5.


                               Amendments

    1984--Pub. L. 98-497 amended section generally. Prior to amendment, 
section read as follows: ``In carrying out the purposes of this chapter, 
the Board may--
        ``(1) adopt an official seal, which shall be judicially noticed;
        ``(2) appoint, or authorize the Chairman to appoint, without 
    regard to the civil-service laws, necessary employees, and fix their 
    duties; and
        ``(3) adopt bylaws, rules, and regulations necessary for the 
    administration of its functions under this chapter.''


                    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.


Sec. 2303. Powers and obligations of the Board; liability of 
        members
        
    Except as otherwise provided by this chapter, the Board shall have 
all the usual powers and obligations of a trustee with respect to 
property and funds administered by it, but the members of the Board are 
not personally liable, except for malfeasance.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497, title II, 
Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300ff (July 9, 1941, ch. 284, 
Sec. 6, 55 Stat. 582).


                               Amendments

    1984--Pub. L. 98-497 amended section generally, inserting ``Except 
as otherwise provided by this chapter,''.


                    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.


Sec. 2304. Compensation of members; availability of trust funds 
        for expenses of the Board
        
    Compensation may not be paid to the members of the Board for their 
services as members. Costs incurred by the Board in carrying out its 
duties under this chapter, including the obligations necessarily 
incurred by the members of the Board in the performance of their duties 
and the compensation of persons employed by the Board, shall be paid by 
the Archivist of the United States from trust funds available to the 
Board for this purpose. The Board, by resolution, may authorize the 
transfer of funds (including the principal or interest of a gift or 
bequest) to the National Archives and Records Administration to be 
expended on an archival or records activity approved by the Board or to 
accomplish the purpose of a gift or bequest.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497, title II, 
Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300ii (July 9, 1941, ch. 284, 
Sec. 9, 55 Stat. 582).


                               Amendments

    1984--Pub. L. 98-497 amended section generally. Prior to amendment, 
section read as follows: ``Compensation may not be paid to the members 
of the Board for their services as members. Costs incurred by the Board 
in carrying out its duties under this chapter, including the 
expenditures necessarily made by the members of the Board in the 
performance of their duties and the compensation of persons employed by 
the Board, shall be paid out of income from trust funds available to the 
Board for the purpose. Unless otherwise restricted by the instrument of 
gift or bequest, the Board, by resolution, may authorize the Chairman to 
use for these purposes, or for any other purpose for which funds may be 
expended under this chapter, the principal of a gift or bequest accepted 
under this chapter.''


                    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.


Sec. 2305. Acceptance of gifts

    The Board may solicit and accept gifts or bequests of money, 
securities, or other personal property, for the benefit of or in 
connection with the national archival and records activities 
administered by the National Archives and Records Administration. Moneys 
that are for deposit into the trust fund shall be deposited within 10 
working days of the receipt thereof.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497, title II, 
Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300cc (July 9, 1941, ch. 284, 
Sec. 3, 55 Stat. 581).


                               Amendments

    1984--Pub. L. 98-497 amended section generally. Prior to amendment, 
section read as follows: ``The Board may accept, receive, hold, and 
administer gifts or bequests of money, securities, or other personal 
property, for the benefit of or in connection with the national archival 
and records activities administered by the General Services 
Administration as may be approved by the Board.''


                    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.


Sec. 2306. Investment of funds

    The Secretary of the Treasury shall receipt for moneys or securities 
composing trust funds given or bequeathed to the Board and shall invest, 
reinvest, and retain the moneys or securities as the Board from time to 
time determines. The Board may not engage in business or exercise a 
voting privilege which may be incidental to securities in such trust 
funds, nor may the Secretary of the Treasury make investments for the 
account of the Board which could not lawfully be made by a trust company 
in the District of Columbia, unless directly authorized by the 
instrument of gift or bequest under which the funds to be invested are 
derived, and may retain investments accepted by the Board.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300dd (July 9, 1941, ch. 284, 
Sec. 4, 55 Stat. 581).


Sec. 2307. Trust fund account; disbursements; sales of 
        publications and releases
        
    The income from trust funds held by the Board and the proceeds from 
the sale of securities and other personal property, as and when 
collected, shall be covered into the Treasury of the United States in a 
trust fund account to be known as the National Archives Trust Fund, 
subject to disbursement on the basis of certified vouchers of the 
Archivist of the United States (or his designee) for activities approved 
by the Board and in the interest of the national archival and records 
activities administered by the National Archives and Records 
Administration, including but not restricted to the preparation and 
publication of special works, and collections of sources and the 
preparation, duplication, editing, and release of historical 
photographic materials and sound recordings. The Archivist may sell 
publications and releases authorized by this section and paid for out of 
the income derived from trust funds at a price which will cover their 
cost, plus 10 percent, and moneys received from these sales shall be 
paid into, administered, and expended as part of the National Archives 
Trust Fund.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1293; Pub. L. 98-497, title II, 
Sec. 202(b), Oct. 19, 1984, 98 Stat. 2294.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300ee (July 9, 1941, ch. 284, 
Sec. 5, 55 Stat. 581).


                               Amendments

    1984--Pub. L. 98-497 substituted ``on the basis of certified 
vouchers of the Archivist of the United States (or his designee) for 
activities approved by the Board and in the interest of the national 
archival and records activities administered by the National Archives 
and Records Administration'' for ``by the Division of Disbursement, 
Treasury Department, on the basis of certified vouchers of the Chairman 
or his authorized agent, unless otherwise restricted by the instrument 
of gift or bequest, for and in the interest of the national archival and 
records activities administered by the General Services Administration'' 
and ``Archivist'' for ``Chairman'' in second sentence.


                    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.

                          Transfer of Functions

    Division of Disbursement of Treasury Department consolidated into 
Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan 
No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out 
in the Appendix to Title 5, Government Organization and Employees. See 
section 306 of Title 31, Money and Finance.


Sec. 2308. Tax exemption for gifts

    Gifts and bequests received by the Board under this chapter, and the 
income from them are exempt from taxes.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1293.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 300gg (July 9, 1941, ch. 284, 
Sec. 7, 55 Stat. 582).


   CHAPTER 25--NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

Sec.
2501.         Creation; composition; appointment and tenure; vacancies; 
                  meetings.\1\
  
---------------------------------------------------------------------------
    \1\ So in original. Does not conform to section catchline.
---------------------------------------------------------------------------
2502.         Vacancies.
2503.         Executive director; staff; transportation expenses.\1\
2504.         Duties; authorization of grants for historical 
                  publications and records programs; authorization for 
                  appropriations.
2505.         Special advisory committees; membership; reimbursement.
2506.         Records to be kept by grantees.
[2507.        Repealed.]


                               Amendments

    1988--Pub. L. 100-365, Sec. 5, July 13, 1988, 102 Stat. 825, amended 
analysis generally, inserting ``; vacancies; meetings'' after ``tenure'' 
in item 2501, substituted ``staff; transportation expenses'' for 
``editorial and clerical staff; reimbursement of members for 
transportation expenses; honorarium'' in item 2503 and ``historical 
publications and records programs; authorization for appropriations'' 
for ``collection, reproduction, and publication of documentary 
historical source material'' in item 2504, and reenacting items 2502, 
2505, and 2506 without change.
    1984--Pub. L. 98-497, title I, Sec. 107(b)(12)(B), Oct. 19, 1984, 98 
Stat. 2287, struck out item 2507 ``Report to Congress''.
    1974--Pub. L. 93-536, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1734, 
inserted ``AND RECORDS'' after ``PUBLICATIONS'' in chapter heading.


Sec. 2501. Creation; composition; appointment and tenure; 
        meetings
        
    (a) The National Historical Publications and Records Commission 
shall consist of 15 members as follows:
        (1) the following ex officio members:
            (A) the Archivist of the United States, who shall be 
        chairman;
            (B) the Librarian of Congress (or an alternate designated by 
        the Librarian);
            (C) one Senator, appointed by the President of the Senate;
            (D) one Representative, appointed by the Speaker of the 
        House of Representatives;
            (E) one member of the judicial branch of the Government, 
        appointed by the Chief Justice of the United States;
            (F) one representative of the Department of State to be 
        appointed by the Secretary of State; and
            (G) one representative of the Department of Defense to be 
        appointed by the Secretary of Defense;

        (2) one member from each of the following organizations, 
    appointed by the governing council or board of the respective 
    organization:
            (A) the American Historical Association;
            (B) the Organization of American Historians;
            (C) the Society of American Archivists;
            (D) the American Association for State and Local History;
            (E) the Association for Documentary Editing; and
            (F) the National Association for Government Archives and 
        Records Administrators; and

        (3) two other members, outstanding in the fields of the social 
    or physical sciences, the arts, or archival or library science, 
    appointed by the President of the United States.

    (b)(1) The members appointed under subsection (a) shall be appointed 
for terms of 4 years, except that--
        (A) a member appointed under subsection (a)(1)(D) shall be 
    appointed for a term of 2 years; and
        (B) the Archivist and the Librarian of Congress are permanent ex 
    officio members.

    (2) A member may continue to serve after the expiration of a term 
until a successor has been appointed, but not to exceed one year.
    (c) The Commission shall meet at least annually and at call of the 
Chairman.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1293; Pub. L. 92-546, 
Sec. 1(a), Oct. 25, 1972, 86 Stat. 1155; Pub. L. 93-536, Sec. 1(b), Dec. 
22, 1974, 88 Stat. 1735; Pub. L. 96-98, Sec. 2(b), Nov. 1, 1979, 93 
Stat. 731; Pub. L. 98-497, title I, Sec. 107(b)(9), Oct. 19, 1984, 98 
Stat. 2287; Pub. L. 100-365, Sec. 2(a), July 13, 1988, 102 Stat. 823.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 391 (part), 393(a) (June 
30, 1949, ch. 288, title I, Sec. 104, 63 Stat. 381, and title V, 
Sec. 503(a) as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583).
    This section incorporates only the last sentence of paragraph (b) of 
former section 391. The balance of that section will be found in 
sections 1506, 2102, 2301, and 2902 of the revision.


                               Amendments

    1988--Pub. L. 100-365 substituted ``appointment and tenure; 
meetings'' for ``appointment and tenure'' in section catchline, and 
amended text generally, revising and restating as subsecs. (a) to (c) 
provisions formerly contained in a single undesignated paragraph.
    1984--Pub. L. 98-497 struck out ``The authority of the Administrator 
of General Services under section 754 of title 40 to regroup, transfer, 
and distribute functions within the General Services Administration does 
not extend to the Commission or its functions.''
    1979--Pub. L. 96-98 inserted ``and Records'' after ``Publications''.
    1974--Pub. L. 93-536 inserted provision relating to appointment and 
term of two members of Society of American Archivists, and two members 
of American Association for State and Local History.
    1972--Pub. L. 92-546 provided for two additional members of the 
Organization of American Historians to be appointed for terms of four 
years by Executive Board of Organization, one to be appointed for a term 
of two years and his successors for a term of four years.


                    Effective Date of 1988 Amendment

    Section 2(b) of Pub. L. 100-365 provided that: ``The amendment made 
by this section [amending this section] shall be effective on January 1, 
1989, and shall apply to the appointment of any member on the expiration 
of a predecessor's term as follows:
        ``(1) The next two members appointed to such Commission after 
    such date shall be appointed pursuant to section 2501(a)(2)(E) and 
    (F) of title 44, United States Code, as amended by this section.
        ``(2) Notwithstanding section 2501(b)(1), the first members 
    appointed pursuant to section 2501(a)(2)(B) and (C) after January 1, 
    1991, shall be appointed for terms of one year.''


                    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.


Sec. 2502. Vacancies

    A person appointed to fill a vacancy in the membership of the 
Commission shall be appointed only for the unexpired term of the member 
whom he succeeds, and his appointment shall be made in the same manner 
as the appointment of his predecessor.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1294.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 393(b) (June 30, 1949, ch. 
288, title V, Sec. 503(b), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


Sec. 2503. Executive director, staff, transportation expenses

    (a) The Commission may appoint, without reference to chapter 51 of 
title 5, an executive director. The Chairman may appoint such other 
employees as may be necessary to carry out the purposes of this chapter.
    (b) Members of the Commission shall be allowed travel expenses 
(including per diem allowance in lieu of subsistence) in the same amount 
and to the same extent as persons serving intermittently in the 
Government service are allowed travel expenses under section 5703 of 
title 5, United States Code.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1294; Pub. L. 92-546, 
Sec. 1(b), Oct. 25, 1972, 86 Stat. 1155; Pub. L. 96-98, Sec. 2(a), Nov. 
1, 1979, 93 Stat. 731; Pub. L. 100-365, Sec. 3, July 13, 1988, 102 Stat. 
824.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 393(c) (June 30, 1949, ch. 
288, title V, Sec. 503(c), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    1988--Pub. L. 100-365 substituted current section catchline for 
``Executive director; editorial and clerical staff; reimbursement of 
members for transportation expenses; honorarium'', and amended text 
generally, revising and restating as subsecs. (a) and (b) provisions 
formerly contained in a single undesignated paragraph.
    1979--Pub. L. 96-98 substituted provisions relating to per diem 
allowance, instead of subsistence, pursuant to section 5703 of title 5, 
for provisions relating to receipt of a sum, not to exceed $40, instead 
of subsistence en route to or from or at place of service.
    1972--Pub. L. 92-546 increased daily allowance from $25 to $40.


                    Effective Date of 1979 Amendment

    Section 2(a) of Pub. L. 96-98 provided that the amendment made by 
that section is effective Oct. 1, 1979.


Sec. 2504. Duties; authorization of grants for historical 
        publications and records programs; authorization for 
        appropriations
        
    (a) The Commission shall make plans, estimates, and recommendations 
for historical works and collections of sources it considers appropriate 
for preserving, publishing or otherwise recording at the public expense. 
The Chairman of the Commission shall transmit to the President and the 
Congress from time to time, and at least biennially, the plans, 
estimates, and recommendations developed and approved by the Commission.
    (b) The Commission shall cooperate with, assist and encourage 
appropriate Federal, State, and local agencies and nongovernmental 
institutions, societies, and individuals in collecting and preserving 
and, when it considers it desirable, in editing and publishing papers of 
outstanding citizens of the United States, and other documents as may be 
important for an understanding and appreciation of the history of the 
United States.
    (c) The Commission may conduct institutes, training and educational 
programs, and recommend candidates for fellowships related to the 
activities of the Commission and may disseminate information about 
documentary sources through guides, directories, and other technical 
publications.
    (d) The Commission may recommend the expenditure of appropriated or 
donated funds for the collecting, describing, preserving, compiling and 
publishing (including microfilming and other forms of reproduction) of 
documentary sources significant to the history of the United States and 
for the activities described in subsection (c).
    (e) The Archivist of the United States may, within the limits of 
available appropriated and donated funds, make grants to State and local 
agencies and to nonprofit organizations, institutions, and individuals, 
for those activities in subsection (d) after considering the advice and 
recommendations of the Commission.
    (f)(1) For the purposes specified in this section, there is hereby 
authorized to be appropriated to the National Historical Publications 
and Records Commission--
        (A) $6,000,000 for fiscal year 1989;
        (B) $8,000,000 for fiscal year 1990;
        (C) $10,000,000 for each of the fiscal years 1991, 1992, and 
    1993;
        (D) $6,000,000 for fiscal year 1994;
        (E) $7,000,000 for fiscal year 1995;
        (F) $8,000,000 for fiscal year 1996;
        (G) $10,000,000 for fiscal year 1997;
        (H) $10,000,000 for fiscal year 1998;
        (I) $10,000,000 for fiscal year 1999;
        (J) $10,000,000 for fiscal year 2000;
        (K) $10,000,000 for fiscal year 2001;
        (L) $10,000,000 for fiscal year 2002;
        (M) $10,000,000 for fiscal year 2003;
        (N) $10,000,000 for fiscal year 2004;
        (O) $10,000,000 for fiscal year 2005;
        (P) $10,000,000 for fiscal year 2006;
        (Q) $10,000,000 for fiscal year 2007;
        (R) $10,000,000 for fiscal year 2008; and
        (S) $10,000,000 for fiscal year 2009.

    (2) Amounts appropriated under this subsection shall be available 
until expended when so provided in appropriation Acts.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1294; Pub. L. 92-546, 
Sec. 1(c), Oct. 25, 1972, 86 Stat. 1155; Pub. L. 93-536, Sec. 1(c), Dec. 
22, 1974, 88 Stat. 1735; Pub. L. 96-98, Sec. 1, Nov. 1, 1979, 93 Stat. 
731; Pub. L. 98-189, Nov. 30, 1983, 97 Stat. 1323; Pub. L. 98-497, title 
I, Sec. 107(b)(10), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 100-365, 
Sec. 4, July 13, 1988, 102 Stat. 824; Pub. L. 103-262, Sec. 1, May 31, 
1994, 108 Stat. 706; Pub. L. 104-274, Sec. 1, Oct. 9, 1996, 110 Stat. 
3321; Pub. L. 106-410, Nov. 1, 2000, 114 Stat. 1788; Pub. L. 108-383, 
Sec. 6, Oct. 30, 2004, 118 Stat. 2219.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 393(d) (June 30, 1949, ch. 
288, title V, Sec. 503(d), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583, and amended July 28, 1964, Pub. L. 88-383, 78 Stat. 335).


                               Amendments

    2004--Subsec. (f)(1)(P) to (S). Pub. L. 108-383 added subpars. (P) 
to (S).
    2000--Subsec. (f)(1)(L) to (O). Pub. L. 106-410 added subpars. (L) 
to (O).
    1996--Subsec. (f)(1)(H) to (K). Pub. L. 104-274 added subpars. (H) 
to (K).
    1994--Subsec. (f)(1)(D) to (G). Pub. L. 103-262 added subpars. (D) 
to (G).
    1988--Pub. L. 100-365 substituted current section catchline for 
``Duties; authorization of grants for collection, reproduction, and 
publication of documentary historical source material'', and amended 
text generally, revising and restating as subsecs. (a) to (f) provisions 
of former subsecs. (a) and (b).
    1984--Subsec. (a). Pub. L. 98-497, Sec. 107(b)(10)(A)-(D), 
substituted ``Archivist of the United States'' for ``Administrator of 
General Services'' in third sentence, substituted ``Archivist'' for 
``Administrator'' in fourth sentence, inserted ``and Records'' after 
``Historical Preservation'' in fourth sentence, and substituted 
``transmit to the President and the Congress'' for ``transmit to the 
Administrator'' in last sentence.
    Subsec. (b). Pub. L. 98-497, Sec. 107(b)(10)(E), substituted 
``National Archives and Records Administration'' for ``General Services 
Administration''.
    1983--Subsec. (b). Pub. L. 98-189 substituted provisions authorizing 
appropriations for fiscal year ending Sept. 30, 1984, and for each of 
the four succeeding fiscal years, for provisions authorizing 
appropriations for fiscal year ending Sept. 30, 1981.
    1979--Subsec. (b). Pub. L. 96-98 substituted provisions authorizing 
appropriations for fiscal year ending Sept. 30, 1981, for provisions 
authorizing appropriations for fiscal year ending June 30, 1975, and for 
each of four succeeding fiscal years.
    1974--Subsec. (b). Pub. L. 93-536 substituted ``1975'' for ``1973'' 
and ``$4,000,000'' for ``$2,000,000''.
    1972--Pub. L. 92-546 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    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 provisions in subsec. 
(a) of this section relating to the requirement that the Chairman of the 
Commission transmit biennial reports to Congress, 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 16th item on page 183 of House 
Document No. 103-7.


Sec. 2505. Special advisory committees; membership; 
        reimbursement
        
    The Commission may establish special advisory committees to consult 
with and make recommendations to it, from among the leading historians, 
political scientists, archivists, librarians, and other specialists of 
the Nation. Members of special advisory committees shall be reimbursed 
for transportation and other expenses on the same basis as members of 
the Commission.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1294.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 393(e) (June 30, 1949, ch. 
288, title V, Sec. 503, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583, and amended July 28, 1964, Pub. L. 88-383, 78 Stat. 335).


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government 
Organization and Employees.


Sec. 2506. Records to be kept by grantees

    (a) Each recipient of grant assistance under section 2504 of this 
title shall keep such records as the Archivist of the United States 
prescribes, including records which fully disclose the amount and 
disposition by the recipient of the proceeds of the grants, the total 
cost of the project or undertaking in connection with which funds are 
given or used, and the amount of that portion of the cost of the project 
or undertaking supplied by other sources, and any other records as will 
facilitate an effective audit.
    (b) The Archivist and the Comptroller General of the United States 
or their authorized representatives shall have access for the purposes 
of audit and examination to books, documents, papers, and records of the 
recipients that are pertinent to the grants received under section 2504 
of this title.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1294; Pub. L. 98-497, title I, 
Sec. 107(b)(11), Oct. 19, 1984, 98 Stat. 2287.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 393(g) (June 30, 1949, ch. 
288, title V, Sec. 503, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 
Stat. 583, and amended July 28, 1964, Pub. L. 88-383, 78 Stat. 335).


                               Amendments

    1984--Subsec. (a). Pub. L. 98-497 substituted ``Archivist of the 
United States'' for ``Administrator of General Services''.
    Subsec. (b). Pub. L. 98-497 substituted ``Archivist'' for 
``Administrator''.


                    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.


[Sec. 2507. Repealed. Pub. L. 98-497, title I, 
        Sec. 107(b)(12)(A), Oct. 19, 1984, 98 Stat. 2287]
        
    Section, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1295, related to 
report that Administrator is required to make annually to Congress.


                        Effective Date of Repeal

    Repeal effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, 
set out as an Effective Date of 1984 Amendment note under section 2102 
of this title.


        CHAPTER 27--ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS

Sec.
2701.         Advisory Committee on the Records of Congress.
2702.         Membership; chairman; meetings.
2703.         Functions of the Committee.
2704.         Powers of the Committee.
2705.         Compensation and travel expenses.
2706.         Administrative provisions.


Sec. 2701. Advisory Committee on the Records of Congress

    (a) There is established the Advisory Committee on the Records of 
Congress (hereafter in this chapter referred to as the Committee).
    (b) The Committee shall be subject to the provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.), except that the Committee shall 
be of permanent duration, notwithstanding any provision of section 14 of 
the Federal Advisory Committee Act.

(Added Pub. L. 101-509, title IV, Sec. 1(d)(1), Nov. 5, 1990, 104 Stat. 
1417.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (b), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.

                          Codification

    Another section 1 of title IV of Pub. L. 101-509, 104 Stat. 1421, 
amended section 8902 of Title 5, Government Organization and Employees.


                            Prior Provisions

    A prior section 2701, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1295, 
established Federal Records Council and set forth composition, 
compensation, etc., of such Council, prior to repeal by Pub. L. 95-378, 
Sec. 2(a), Sept. 22, 1978, 92 Stat. 723. Section 1 of Pub. L. 95-378 
abolished the Federal Records Council.


Sec. 2702. Membership; chairman; meetings

    (a)(1) The Committee shall consist of the eleven members including--
        (A)(i) the Secretary of the Senate;
        (ii) the Clerk of the House of Representatives;
        (iii) the Archivist of the United States;
        (iv) the Historian of the Senate; and
        (v) the Historian of the House of Representatives; and
        (B) six members of whom one shall be appointed by each of the 
    following:
            (i) the Speaker of the House of Representatives;
            (ii) the Minority Leader of the House of Representatives;
            (iii) the Majority Leader of the Senate;
            (iv) the Minority Leader of the Senate;
            (v) the Secretary of the Senate; and
            (vi) the Clerk of the House of Representatives.

    (2) Each member appointed under paragraph (1)(B) shall have 
knowledge or expertise in United States history, archival management, 
publishing, library science, or use of legislative records.
    (b) The Secretary of the Senate shall serve as Chairman during the 
two-year period beginning on January 1, 1991, and the Clerk of the House 
of Representatives shall serve as Chairman during the two-year period 
beginning on January 1, 1993. Thereafter, such members shall alternate 
serving as Chairman for a term of two years.
    (c)(1) Members of the Committee referred to in subsection (a)(1)(A) 
shall serve only while holding such offices. Members appointed to the 
Committee under subsection (a)(1)(B) shall serve for a term of two 
years, and may be reappointed without limitation. The initial 
appointments for such terms shall begin on January 1, 1991.
    (2) Any vacancy on the Committee shall not affect the powers of the 
Committee. Any vacancy in an appointed position on the Committee shall 
be filled in the same manner in which the original appointment was made.
    (d)(1) No later than thirty days after the date on which the first 
session of the 102d Congress begins, the Committee shall hold its first 
meeting. Thereafter, the Committee shall meet semiannually or at the 
call of a majority of its members.
    (2) Seven members of the Committee shall constitute a quorum, but a 
lesser number may hold hearings.

(Added Pub. L. 101-509, title IV, Sec. 1(d)(1), Nov. 5, 1990, 104 Stat. 
1417.)

                       References in Text

    The date on which the first session of the 102d Congress begins, 
referred to in subsec. (d)(1), is Jan. 3, 1991.


Sec. 2703. Functions of the Committee

    The Committee shall--
        (1) review the management and preservation of the records of 
    Congress;
        (2) report to and advise the Congress and the Archivist of the 
    United States on such management and preservation; and
        (3)(A) no later than December 31, 1991, conduct a study and 
    submit a report to the Congress on--
            (i) the effect any transfer of records of the National 
        Archives and Records Administration from facilities located in 
        Washington, D.C., to any location outside of Washington, D.C., 
        shall have on the management and preservation of the records of 
        Congress; and
            (ii) the five year plan for the management and preservation 
        of the records of Congress; and

        (B) no later than December 31, 1995, conduct a study to update 
    the report submitted under subparagraph (A)(ii), and submit a report 
    to the Congress.

(Added Pub. L. 101-509, title IV, Sec. 1(d)(1), Nov. 5, 1990, 104 Stat. 
1418.)


Sec. 2704. Powers of the Committee

    (a) For purposes of carrying out the duties referred to under 
section 2703, the Committee or, on the authorization of the Committee, 
any subcommittee or member thereof, may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such evidence 
as is appropriate.
    (b) The Committee may secure directly from any department or agency 
of the United States such information as the Committee may require to 
carry out the duties referred to under section 2703. Upon request of the 
Chairman of the Committee, the head of such department or agency shall 
furnish such information to the Committee.

(Added Pub. L. 101-509, title IV, Sec. 1(d)(1), Nov. 5, 1990, 104 Stat. 
1418.)


Sec. 2705. Compensation and travel expenses

    A member of the Committee may not be paid compensation for service 
performed as a member of the Committee. However, members of the 
Committee shall be allowed travel expenses, including per diem in lieu 
of subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
service for the Committee.

(Added Pub. L. 101-509, title IV, Sec. 1(d)(1), Nov. 5, 1990, 104 Stat. 
1418.)


Sec. 2706. Administrative provisions

    (a) Upon request of the Committee, the head of any Federal agency is 
authorized to detail to the Committee, on a nonreimbursable basis, any 
of the personnel of such agency to assist the Committee in carrying out 
the duties referred to under section 2703 and such detail shall be 
without interruption or loss of civil service status or privilege.
    (b) For purposes of supporting the Committee, the Archivist may 
obtain the services of experts and consultants in accordance with the 
provisions of section 3109 of title 5, United States Code, but at rates 
for individuals not to exceed the daily equivalent of the minimum annual 
rate of basic pay payable for GS-16 of the General Schedule under 
section 5332 of such title.

(Added Pub. L. 101-509, title IV, Sec. 1(d)(1), Nov. 5, 1990, 104 Stat. 
1418.)


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES AND 
                BY THE ADMINISTRATOR OF GENERAL SERVICES

Sec.
2901.         Definitions.
2902.         Objectives of records management.
2903.         Custody and control of property.
2904.         General responsibilities of Administrator.\1\
  
---------------------------------------------------------------------------
    \1\ Section catchline amended by Pub. L. 98-497 without 
corresponding amendment of chapter analysis.
---------------------------------------------------------------------------
2905.         Establishment of standards for selective retention of 
                  records; security measures.
2906.         Inspection of agency records.
2907.         Records centers and centralized microfilming services.
2908.         Regulations.
2909.         Retention of records.
2910.         Preservation of Freedmen's Bureau records.


                               Amendments

    2000--Pub. L. 106-444, Sec. 2(b), Nov. 6, 2000, 114 Stat. 1929, 
added item 2910.
    1984--Pub. L. 98-497, title I, Sec. 107(b)(18)(A), Oct. 19, 1984, 98 
Stat. 2290, inserted ``THE ARCHIVIST OF THE UNITED STATES AND BY THE'' 
in chapter heading.
    1976--Pub. L. 94-575, Sec. 2(b), Oct. 21, 1976, 90 Stat. 2726, 
substituted ``Objectives of records management'' for ``Records 
management, surveys, and reports'' in item 2902, ``General 
responsibilities of Administrator'' for ``Records management by 
Administrator; duties generally'' in item 2904, ``Inspection of agency 
records'' for ``Personal inspection and survey of records'' in item 
2906, ``Records centers and centralized microfilming services'' for 
``Records centers for storage, process, and servicing of records'' in 
item 2907, reenacted without change items 2901, 2903, 2905, 2908, and 
2909, and struck out item 2910 ``Final authority of Administrator in 
records practices''.


Sec. 2901. Definitions

    As used in this chapter, and chapters 21, 25, 31, and 33 of this 
title--
        (1) the term ``records'' has the meaning given it by section 
    3301 of this title;
        (2) the term ``records management'' means the planning, 
    controlling, directing, organizing, training, promoting, and other 
    managerial activities involved with respect to records creation, 
    records maintenance and use, and records disposition in order to 
    achieve adequate and proper documentation of the policies and 
    transactions of the Federal Government and effective and economical 
    management of agency operations;
        (3) the term ``records creation'' means the production or 
    reproduction of any record;
        (4) the term ``records maintenance and use'' means any activity 
    involving--
            (A) location of records of a Federal agency;
            (B) storage, retrieval, and handling of records kept at 
        office file locations by or for a Federal agency;
            (C) processing of mail by a Federal agency; or
            (D) selection and utilization of equipment and supplies 
        associated with records and copying;

        (5) the term ``records disposition'' means any activity with 
    respect to--
            (A) disposal of temporary records no longer necessary for 
        the conduct of business by destruction or donation;
            (B) transfer of records to Federal agency storage facilities 
        or records centers;
            (C) transfer to the National Archives of the United States 
        of records determined to have sufficient historical or other 
        value to warrant continued preservation; or
            (D) transfer of records from one Federal agency to any other 
        Federal agency;

        (6) the term ``records center'' means an establishment 
    maintained and operated by the Archivist or by another Federal 
    agency primarily for the storage, servicing, security, and 
    processing of records which need to be preserved for varying periods 
    of time and need not be retained in office equipment or space;
        (7) the term ``records management study'' means an investigation 
    and analysis of any Federal agency records, or records management 
    practices or programs (whether manual or automated), with a view 
    toward rendering findings and recommendations with respect thereto;
        (8) the term ``inspection'' means reviewing any Federal agency's 
    records or records management practices or programs with respect to 
    effectiveness and compliance with records management laws and making 
    necessary recommendations for correction or improvement of records 
    management;
        (9) the term ``servicing'' means making available for use 
    information in records and other materials in the custody of the 
    Archivist, or in a records center--
            (A) by furnishing the records or other materials, or 
        information from them, or copies or reproductions thereof, to 
        any Federal agency for official use, or to the public; or
            (B) by making and furnishing authenticated or 
        unauthenticated copies or reproductions of the records or other 
        materials;

        (10) the term ``unauthenticated copies'' means exact copies or 
    reproductions of records or other materials that are not certified 
    as such under seal and that need not be legally accepted as 
    evidence;
        (11) the term ``National Archives of the United States'' means 
    those official records which have been determined by the Archivist 
    of the United States to have sufficient historical or other value to 
    warrant their continued preservation by the Federal Government, and 
    which have been accepted by the Archivist for deposit in his 
    custody;
        (12) the term ``Archivist'' means the Archivist of the United 
    States;
        (13) the term ``executive agency'' shall have the meaning given 
    such term by section 102 of title 40;
        (14) the term ``Federal agency'' means any executive agency or 
    any establishment in the legislative or judicial branch of the 
    Government (except the Supreme Court, the Senate, the House of 
    Representatives, and the Architect of the Capitol and any activities 
    under the direction of the Architect of the Capitol); and
        (15) the term ``Administrator'' means the Administrator of 
    General Services.

(Added Pub. L. 94-575, Sec. 2(a)(1), Oct. 21, 1976, 90 Stat. 2723; 
amended Pub. L. 98-497, title I, Sec. 107(b)(13), Oct. 19, 1984, 98 
Stat. 2287; Pub. L. 107-217, Sec. 3(l)(2), Aug. 21, 2002, 116 Stat. 
1301.)


                            Prior Provisions

    A prior section 2901, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1295, 
related to definitions, prior to repeal by Pub. L. 94-575, Sec. 2(a)(1).


                               Amendments

    2002--Par. (13). Pub. L. 107-217 substituted ``section 102 of title 
40'' for ``section 3(a) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 472(a))''.
    1984--Pub. L. 98-497, Sec. 107(b)(13)(A), struck out reference to 
chapter 27 in provisions preceding par. (1).
    Par. (2). Pub. L. 98-497, Sec. 107(b)(13)(B), inserted ``in order to 
achieve adequate and proper documentation of the policies and 
transactions of the Federal Government and effective and economical 
management of agency operations''.
    Pars. (6), (9), (11). Pub. L. 98-497, Sec. 107(b)(13)(C), 
substituted ``Archivist'' for ``Administrator''.
    Par. (12). Pub. L. 98-497, Sec. 107(b)(13)(D), substituted 
``Archivist'' and ``Archivist of the United States'' for 
``Administrator'' and ``Administrator of General Services'', 
respectively. See par. (15) of this section.
    Par. (13). Pub. L. 98-497, Sec. 107(b)(13)(D), struck out references 
to ``Federal agency'' and to subsec. (b) of section 3 of the Federal 
Property and Administrative Services Act of 1949. See par. (14) of this 
section.
    Pars. (14), (15). Pub. L. 98-497, Sec. 107(b)(13)(D), added pars. 
(14) and (15).


                    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.


                      Records Center Revolving Fund

    Pub. L. 106-58, title IV, [(a)-(e)], Sept. 29, 1999, 113 Stat. 460, 
461, as amended by Pub. L. 108-383, Sec. 3, Oct. 30, 2004, 118 Stat. 
2218, provided that:
    ``(a) Establishment of Fund.--There is hereby established in the 
Treasury a revolving fund to be available for expenses (including 
expenses for uniforms or allowances for uniforms as authorized by 
subchapter I of chapter 59 of title 5 [United States Code]) and 
equipment necessary to provide for storage and related services for all 
temporary and pre-archival Federal records, which are to be stored or 
stored at Federal National and Regional Records Centers by agencies and 
other instrumentalities of the Federal Government. The Fund shall be 
available without fiscal year limitation for expenses necessary for 
operation of these activities.
    ``(b) Start-Up Capital.--
        ``(1) There is appropriated $22,000,000 as initial 
    capitalization of the Fund.
        ``(2) In addition, the initial capital of the Fund shall include 
    the fair and reasonable value at the Fund's inception of the 
    inventories, equipment, receivables, and other assets, less the 
    liabilities, transferred to the Fund. The Archivist of the United 
    States is authorized to accept inventories, equipment, receivables 
    and other assets from other Federal entities that were used to 
    provide for storage and related services for temporary and pre-
    archival Federal records.
    ``(c) User Charges.--The Fund shall be credited with user charges 
received from other Federal Government accounts as payment for providing 
personnel, storage, materials, supplies, equipment, and services as 
authorized by subsection (a). Such payments may be made in advance or by 
way of reimbursement. The rates charged will return in full the expenses 
of operation, including reserves for accrued annual leave, worker's 
compensation, depreciation of capitalized equipment and shelving, and 
amortization of information technology software and systems.
    ``(d) Funds Returned to Miscellaneous Receipts of the Department of 
the Treasury.--
        ``(1) In addition to funds appropriated to and assets 
    transferred to the Fund in subsection (b), an amount not to exceed 4 
    percent of the total annual income may be retained in the Fund as an 
    operating reserve or for the replacement or acquisition of capital 
    equipment, including shelving, and the improvement and 
    implementation of the financial management, information technology, 
    and other support systems of the National Archives and Records 
    Administration.
        ``(2) Funds in excess of the 4 percent at the close of each 
    fiscal year shall be returned to the Treasury of the United States 
    as miscellaneous receipts.
    ``(e) Reporting Requirement.--The National Archives and Records 
Administration shall provide quarterly reports to the Committees on 
Appropriations and Governmental Affairs of the Senate, and the 
Committees on Appropriations and Government Reform [now Oversight and 
Government Reform] of the House of Representatives on the operation of 
the Records Center Revolving Fund.''


Federal Records Management Provisions Without Effect on Authorities and 
Responsibilities of Administrator of General Services, Joint Committee, 
                      or Government Printing Office

    Section 5 of Pub. L. 94-575 provided that:
    ``(a) The provisions of this Act [see Short Title of 1976 Amendment 
note set out under section 101 of this title] relating to the authority 
of the Administrator of General Services do not limit or repeal 
additional authorities provided by statute or otherwise recognized by 
law.
    ``(b) The provisions of this Act do not limit or repeal the 
authority or responsibilities of the Joint Committee on Printing or the 
Government Printing Office under chapters 1 through 19 of title 44, 
United States Code.''


Sec. 2902. Objectives of records management

    It is the purpose of this chapter, and chapters 21, 31, and 33 of 
this title, to require the establishment of standards and procedures to 
assure efficient and effective records management. Such records 
management standards and procedures shall seek to implement the 
following goals:
        (1) Accurate and complete documentation of the policies and 
    transactions of the Federal Government.
        (2) Control of the quantity and quality of records produced by 
    the Federal Government.
        (3) Establishment and maintenance of mechanisms of control with 
    respect to records creation in order to prevent the creation of 
    unnecessary records and with respect to the effective and economical 
    operations of an agency.
        (4) Simplification of the activities, systems, and processes of 
    records creation and of records maintenance and use.
        (5) Judicious preservation and disposal of records.
        (6) Direction of continuing attention on records from their 
    initial creation to their final disposition, with particular 
    emphasis on the prevention of unnecessary Federal paperwork.
        (7) Establishment and maintenance of such other systems or 
    techniques as the Administrator or the Archivist considers necessary 
    to carry out the purposes of this chapter, and chapters 21, 31, and 
    33 of this title.

(Added Pub. L. 94-575, Sec. 2(a)(1), Oct. 21, 1976, 90 Stat. 2724; 
amended Pub. L. 98-497, title I, Sec. 107(b)(14), Oct. 19, 1984, 98 
Stat. 2288.)


                            Prior Provisions

    A prior section 2902, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296, 
related to activities of the Administrator of General Services with 
respect to records management, surveys, and reports, prior to repeal by 
Pub. L. 94-575, Sec. 2(a)(1). See section 2904 of this title.


                               Amendments

    1984--Par. (7). Pub. L. 98-497 inserted ``or the Archivist'' after 
``Administrator''.


                    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.


Sec. 2903. Custody and control of property

    (a) The Archivist shall have immediate custody and control of the 
National Archives Building and its contents, and may design, construct, 
purchase, lease, maintain, operate, protect, and improve buildings used 
by him for the storage of records of Federal agencies in the District of 
Columbia and elsewhere.
    (b) When the Archivist considers it to be in the public interest, 
the Archivist may charge and collect reasonable fees from the public for 
the occasional, non-official use of rooms and spaces, and services 
related to such use, in the buildings subject to this section. Fees 
collected under this subsection shall be paid into an account in the 
National Archives Trust Fund and shall be held, administered, and 
expended for the benefit and in the interest of the national archival 
and records activities administered by the National Archives and Records 
Administration, including educational and public program purposes.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 98-497, title I, 
Sec. 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108-383, 
Sec. 4(b), Oct. 30, 2004, 118 Stat. 2218.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 392 (June 30, 1949, ch. 288, 
title V, Sec. 502, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 
583).


                               Amendments

    2004--Pub. L. 108-383 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1984--Pub. L. 98-497 substituted ``Archivist'' for 
``Administrator''.


                    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.


Sec. 2904. General responsibilities for records management

    (a) The Archivist shall provide guidance and assistance to Federal 
agencies with respect to ensuring adequate and proper documentation of 
the policies and transactions of the Federal Government and ensuring 
proper records disposition.
    (b) The Administrator shall provide guidance and assistance to 
Federal agencies to ensure economical and effective records management 
by such agencies.
    (c) In carrying out their responsibilities under subsection (a) or 
(b), respectively, the Archivist and the Administrator shall each have 
the responsibility--
        (1) to promulgate standards, procedures, and guidelines with 
    respect to records management and the conduct of records management 
    studies;
        (2) to conduct research with respect to the improvement of 
    records management practices and programs;
        (3) to collect and disseminate information on training programs, 
    technological developments, and other activities relating to records 
    management;
        (4) to establish such interagency committees and boards as may 
    be necessary to provide an exchange of information among Federal 
    agencies with respect to records management;
        (5) to direct the continuing attention of Federal agencies and 
    the Congress on the need for adequate policies governing records 
    management;
        (6) to conduct records management studies and, in his 
    discretion, designate the heads of executive agencies to conduct 
    records management studies with respect to establishing systems and 
    techniques designed to save time and effort in records management;
        (7) to conduct inspections or surveys of the records and the 
    records management programs and practices within and between Federal 
    agencies;
        (8) to report to the appropriate oversight and appropriations 
    committees of the Congress and to the Director of the Office of 
    Management and Budget in January of each year and at such other 
    times as the Archivist or the Administrator (as the case may be) 
    deems desirable--
            (A) on the results of activities conducted pursuant to 
        paragraphs (1) through (7) of this section,
            (B) on evaluations of responses by Federal agencies to any 
        recommendations resulting from inspections or studies conducted 
        under paragraphs (6) and (7) of this section, and
            (C) to the extent practicable, estimates of costs to the 
        Federal Government resulting from the failure of agencies to 
        implement such recommendations.

    (d) In addition, the Administrator, in carrying out subsection (b), 
shall have the responsibility to promote economy and efficiency in the 
selection and utilization of space, staff, equipment, and supplies for 
records management.

(Added Pub. L. 94-575, Sec. 2(a)(2), Oct. 21, 1976, 90 Stat. 2725; 
amended Pub. L. 96-511, Sec. 2(c)(1), Dec. 11, 1980, 94 Stat. 2825; Pub. 
L. 98-497, title I, Sec. 107(b)(16), Oct. 19, 1984, 98 Stat. 2288.)


                            Prior Provisions

    A prior section 2904, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296, 
contained provisions similar to those comprising pars. (1) and (2) of 
this section, prior to repeal by Pub. L. 94-575, Sec. 2(a)(2).
    Provisions similar to those comprising pars. (8) to (10) of this 
section were contained in section 2902, Pub. L. 90-620, Oct. 22, 1968, 
82 Stat. 1296, prior to repeal by Pub. L. 94-575, Sec. 2(a)(1).


                               Amendments

    1984--Pub. L. 98-497 substituted ``for records management'' for ``of 
Administrator'' in section catchline.
    Subsec. (a). Pub. L. 98-497 designated existing first sentence as 
subsec. (a) and substituted ``Archivist'' for ``Administrator'' and 
``ensuring adequate and proper documentation of the policies and 
transactions of the Federal Government and ensuring proper records 
disposition'' for ``records creation, records maintenance and use, and 
records disposition''.
    Subsec. (b). Pub. L. 98-497 added subsec. (b).
    Subsec. (c). Pub. L. 98-497 designated existing second sentence as 
subsec. (c), substituted ``In carrying out the responsibilities under 
subsection (a) or (b), respectively'' for ``In providing such guidance 
and assistance,'', and inserted reference to Archivist in text preceding 
par. (1).
    Subsec. (c)(1). Pub. L. 98-497 redesignated par. (2) as (1). 
Provisions contained in former par. (1) are now contained substantially 
in subsec. (d).
    Subsec. (c)(2). Pub. L. 98-497 redesignated par. (3) as (2). Former 
par. (2) redesignated (1).
    Subsec. (c)(3). Pub. L. 98-497 redesignated par. (6) as (3) and 
inserted ``to collect and'', ``training programs'', and ``other 
activities''. Former par. (3) redesignated (2).
    Subsec. (c)(4). Pub. L. 98-497 redesignated par. (5) as (4). Former 
par. (4), which read ``serve as a clearinghouse for information with 
respect to records management and as a central source for reference and 
training materials with respect to records management'', was struck out.
    Subsec. (c)(5). Pub. L. 98-497 redesignated par. (7) as (5) and 
struck out ``the burden placed on the Federal Government by unnecessary 
paperwork'' after ``Congress on'', ``creation'' before ``maintenance'', 
and ``and use, and disposition'' after ``maintenance''. Former par. (5) 
redesignated (4).
    Subsec. (c)(6). Pub. L. 98-497 redesignated par. (8) as (6) and 
struck out ``with particular attention given to standards and procedures 
governing records creation'' at end. Former par. (6) redesignated (3).
    Subsec. (c)(7). Pub. L. 98-497 redesignated par. (9) as (7) and 
substituted ``surveys of the records and the records management programs 
and practices within and between Federal agencies'' for ``records 
management studies which involve a review of the programs and practices 
of more than one Federal agency and which examine interaction among and 
relationships between Federal agencies with respect to records and 
records management''. Former par. (7) redesignated (5).
    Subsec. (c)(8). Pub. L. 98-497 redesignated par. (10) as (8) and 
inserted ``in January of each year'', ``the Archivist or'', and 
substituted ``(7)'' for ``(9)'' and ``(6)'' and ``(7)'' for ``(8)'' and 
``(9)'', respectively, in subpars. (A) and (B).
    Subsec. (c)(9), (10). Pub. L. 98-497 redesignated pars. (9) and (10) 
as (7) and (8), respectively.
    Subsec. (d). Pub. L. 98-497 added subsec. (d).
    1980--Par. (10). Pub. L. 96-511 prescribed that the report be to 
appropriate oversight and appropriations committees, incorporated 
existing provisions in cls. (A) and (B) and added cl. (C).


                    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.


                    Effective Date of 1980 Amendment

    Section 5 of Pub. L. 96-511 provided: ``This Act [enacting chapter 
35 of this title, amending this section, section 2905 of this title, 
section 5315 of Title 5, Government Organization and Employees, section 
1221-3 of Title 20, Education, section 1211 of Title 30, Mineral Lands 
and Mining, and section 292h of Title 42, The Public Health and Welfare, 
and enacting provisions set out as notes under sections 101 and 3503 of 
this title] shall take effect on April 1, 1981.''


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which a 
report to appropriate oversight and appropriations committees of 
Congress under subsec. (c)(8) of this section is listed as the 9th item 
on page 173 and as the 5th item on page 180), see section 3003 of Pub. 
L. 104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of 
Pub. L. 106-554, set out as notes under section 1113 of Title 31, Money 
and Finance.


Sec. 2905. Establishment of standards for selective retention of 
        records; security measures
        
    (a) The Archivist shall establish standards for the selective 
retention of records of continuing value, and assist Federal agencies in 
applying the standards to records in their custody. He shall notify the 
head of a Federal agency of any actual, impending, or threatened 
unlawful removal, defacing, alteration, or destruction of records in the 
custody of the agency that shall come to his attention, and assist the 
head of the agency in initiating action through the Attorney General for 
the recovery of records unlawfully removed and for other redress 
provided by law. 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.
    (b) The Archivist shall assist the Administrator for the Office of 
Information and Regulatory Affairs in conducting studies and developing 
standards relating to record retention requirements imposed on the 
public and on State and local governments by Federal agencies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 96-511, 
Sec. 2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98-497, title I, 
Sec. 107(b)(15)(B), title II, Sec. 203(a), Oct. 19, 1984, 98 Stat. 2288, 
2294.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 395(b) (June 30, 1949, ch. 
288, title V, Sec. 505(b), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    1984--Subsec. (a). Pub. L. 98-497, Sec. 107(b)(15)(B), substituted 
``Archivist'' for ``Administrator of General Services''.
    Pub. L. 98-497, Sec. 203(a), inserted ``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.''
    Subsec. (b). Pub. L. 98-497, Sec. 107(b)(15)(B), substituted 
``Archivist'' for ``Administrator of General Services''.
    1980--Pub. L. 96-511 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    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.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-511 effective on Apr. 1, 1981, see section 5 
of Pub. L. 96-511, set out as a note under section 2904 of this title.


Sec. 2906. Inspection of agency records

    (a)(1) In carrying out their respective duties and responsibilities 
under this chapter, the Administrator of General Services and the 
Archivist (or the designee of either) may inspect the records or the 
records management practices and programs of any Federal agency solely 
for the purpose of rendering recommendations for the improvement of 
records management practices and programs. Officers and employees of 
such agencies shall cooperate fully in such inspections, subject to the 
provisions of paragraphs (2) and (3) of this subsection.
    (2) Records, the use of which is restricted by law or for reasons of 
national security or the public interest, shall be inspected, in 
accordance with regulations promulgated by the Administrator and the 
Archivist, subject to the approval of the head of the agency concerned 
or of the President. The regulations promulgated by the Administrator 
and the Archivist under this paragraph shall, to the extent practicable, 
be identical.
    (3) If the Administrator or the Archivist (or the designee of 
either) inspects a record, as provided in this subsection, which is 
contained in a system of records which is subject to section 552a of 
title 5, such record shall be--
        (A) maintained by the Administrator, the Archivist, or such 
    designee as a record contained in a system of records; or
        (B) deemed to be a record contained in a system of records for 
    purposes of subsections (b), (c), and (i) of section 552a of title 
    5.

    (b) In conducting the inspection of agency records provided for in 
subsection (a) of this section, the Administrator and the Archivist (or 
the designee of either) shall, in addition to complying with the 
provisions of law cited in subsection (a)(3), comply with all other 
Federal laws and be subject to the sanctions provided therein.

(Added Pub. L. 94-575, Sec. 2(a)(3), Oct. 21, 1976, 90 Stat. 2725; 
amended Pub. L. 98-497, title I, Sec. 107(b)(17), Oct. 19, 1984, 98 
Stat. 2289.)


                            Prior Provisions

    A prior section 2906, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297, 
contained provisions similar to those comprising subsec. (a)(1) and (2) 
of this section, prior to repeal by Pub. L. 94-575, Sec. 2(a)(3).


                               Amendments

    1984--Pub. L. 98-497 inserted reference to Archivist in four places 
in subsecs. (a) and (b) and inserted at end of subsec. (b)(2) ``The 
regulations promulgated by the Administrator and the Archivist under 
this paragraph shall, to the extent practicable, be identical.''


                    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.


Sec. 2907. Records centers and centralized microfilming services

    The Archivist may establish, maintain, and operate records centers 
and centralized microfilming services for Federal agencies.

(Added Pub. L. 94-575, Sec. 2(a)(3), Oct. 21, 1976, 90 Stat. 2726; 
amended Pub. L. 98-497, title I, Sec. 107(b)(15)(A), Oct. 19, 1984, 98 
Stat. 2288.)


                            Prior Provisions

    A prior section 2907, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297, 
contained provisions similar to those comprising this section, prior to 
repeal by Pub. L. 94-575, Sec. 2(a)(3).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for 
``Administrator''.


                    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.


Sec. 2908. Regulations

    Subject to applicable law, the Archivist shall promulgate 
regulations governing the transfer of records from the custody of one 
executive agency to that of another.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 98-497, title I, 
Sec. 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 395(e) (June 30, 1949, ch. 
288, title V, Sec. 505(e), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services''.


                    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.


Sec. 2909. Retention of records

    The Archivist may empower a Federal agency to retain records for a 
longer period than that specified in disposal schedules, and may 
withdraw disposal authorizations covering records listed in disposal 
schedules. The Archivist shall promulgate regulations in accordance with 
section 2104(a) of this title to implement this section.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 91-287, Sec. 4, 
June 23, 1970, 84 Stat. 322; Pub. L. 98-497, title I, 
Sec. 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108-383, 
Sec. 2(a), Oct. 30, 2004, 118 Stat. 2218.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 395(f) (June 30, 1949, ch. 
288, title V, Sec. 505(f), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    2004--Pub. L. 108-383 struck out ``, upon the submission of evidence 
of need,'' after ``Federal agency'', substituted ``, and'' for ``; and, 
in accordance with regulations promulgated by him,'', and inserted at 
end ``The Archivist shall promulgate regulations in accordance with 
section 2104(a) of this title to implement this section.''
    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services''.
    1970--Pub. L. 91-287 struck out ``approved by Congress'' after 
``disposal schedules'' in two places.


                    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.


Sec. 2910. Preservation of Freedmen's Bureau records

    The Archivist shall preserve the records of the Bureau of Refugees, 
Freedmen, and Abandoned Lands, commonly referred to as the ``Freedmen's 
Bureau'', by using--
        (1) microfilm technology for preservation of the documents 
    comprising these records so that they can be maintained for future 
    generations; and
        (2) the results of the pilot project with the University of 
    Florida to create future partnerships with Howard University and 
    other institutions for the purposes of indexing these records and 
    making them more easily accessible to the public, including 
    historians, genealogists, and students, and for any other purposes 
    determined by the Archivist.

(Added Pub. L. 106-444, Sec. 2(a), Nov. 6, 2000, 114 Stat. 1929.)


                            Prior Provisions

    A prior section 2910, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297, 
provided for final authority of Administrator in records practices, 
prior to repeal by Pub. L. 94-575, Sec. 2(a)(4), Oct. 21, 1976, 90 Stat. 
2726.


           CHAPTER 31--RECORDS MANAGEMENT BY FEDERAL AGENCIES

Sec.
3101.         Records management by agency heads; general duties.
3102.         Establishment of program of management.
3103.         Transfer of records to records centers.
3104.         Certifications and determinations on transferred records.
3105.         Safeguards.
3106.         Unlawful removal, destruction of records.
3107.         Authority of Comptroller General.


                               Amendments

    1976--Pub. L. 94-575, Sec. 3(b), Oct. 21, 1976, 90 Stat. 2727, 
substituted ``Transfer of records to records centers'' for ``Storage, 
processing, and servicing of records'' in item 3103.


Sec. 3101. Records management by agency heads; general duties

    The head of each Federal agency shall make and preserve records 
containing adequate and proper documentation of the organization, 
functions, policies, decisions, procedures, and essential transactions 
of the agency and designed to furnish the information necessary to 
protect the legal and financial rights of the Government and of persons 
directly affected by the agency's activities.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 396(a) (June 30, 1949, ch. 
288, title V, Sec. 506(a), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


Sec. 3102. Establishment of program of management

    The head of each Federal agency shall establish and maintain an 
active, continuing program for the economical and efficient management 
of the records of the agency. The program, among other things, shall 
provide for
        (1) effective controls over the creation and over the 
    maintenance and use of records in the conduct of current business;
        (2) cooperation with the Administrator of General Services and 
    the Archivist in applying standards, procedures, and techniques 
    designed to improve the management of records, promote the 
    maintenance and security of records deemed appropriate for 
    preservation, and facilitate the segregation and disposal of records 
    of temporary value; and
        (3) compliance with sections 2101-2117, 2501-2507, 2901-2909, 
    and 3101-3107, of this title and the regulations issued under them.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 94-575, 
Sec. 3(a)(1), (2), Oct. 21, 1976, 90 Stat. 2726; Pub. L. 98-497, title 
I, Sec. 107(b)(19), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 396(b) (June 30, 1949, ch. 
288, title V, Sec. 506(b), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    1984--Pars. (2), (3). Pub. L. 98-497 inserted ``and the Archivist'' 
after ``Administrator of General Services'' in par. (2), and substituted 
``sections 2101-2117'' for ``sections 2101-2113'' and struck out 
``2701,'' before ``2901'' in par. (3).
    1976--Pub. L. 94-575, Sec. 3(a)(1), (2), substituted in par. (1) 
``the creation and over the maintenance'' for ``the creation, 
maintenance,'' and in par. (3) reference to sections ``2901-2909'' for 
``2901, 2903-2909'' of this title.


                    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.


Sec. 3103. Transfer of records to records centers

    When the head of a Federal agency determines that such action may 
affect substantial economies or increased operating efficiency, he shall 
provide for the transfer of records to a records center maintained and 
operated by the Archivist, or, when approved by the Archivist, to a 
center maintained and operated by the head of the Federal agency.

(Added Pub. L. 94-575, Sec. 3(a)(3), Oct. 21, 1976, 90 Stat. 2726; 
amended Pub. L. 98-497, title I, Sec. 107(b)(20), Oct. 19, 1984, 98 
Stat. 2290.)


                            Prior Provisions

    A prior section 3103, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298, 
contained provisions similar to those comprising this section, prior to 
repeal by Pub. L. 94-575, Sec. 3(a)(3).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator'' 
wherever appearing.


                    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.


Sec. 3104. Certifications and determinations on transferred 
        records
        
    An official of the Government who is authorized to certify to facts 
on the basis of records in his custody, may certify to facts on the 
basis of records that have been transferred by him or his predecessors 
to the Archivist, and may authorize the Archivist to certify to facts 
and to make administrative determinations on the basis of records 
transferred to the Archivist, notwithstanding any other law.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98-497, title I, 
Sec. 107(b)(21), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 396(d) (June 30, 1949, ch. 
288, title V, Sec. 506(d), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583, and amended Feb. 5, 1964, Pub. L. 88-265, 78 Stat. 8).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services'' and ``Archivist'' for ``Administrator'' wherever 
appearing.


                    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.


Sec. 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, 
Sec. 107(b)(22), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 396(e) (June 30, 1949, ch. 
288, title V, Sec. 506(e), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services''.


                    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.


Sec. 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, 
Sec. 107(b)(21), title II, Sec. 203(b), Oct. 19, 1984, 98 Stat. 2290, 
2294.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 396(f) (June 30, 1949, ch. 
288, title V, Sec. 506(f), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).


                               Amendments

    1984--Pub. L. 98-497, Sec. 107(b)(21), substituted ``Archivist'' for 
``Administrator of General Services'' and ``Archivist'' for 
``Administrator''.
    Pub. L. 98-497, Sec. 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.''


                    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.


Sec. 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 94-575, 
Sec. 3(a)(4), Oct. 21, 1976, 90 Stat. 2726; Pub. L. 108-271, Sec. 8(b), 
July 7, 2004, 118 Stat. 814.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 396(g) (June 30, 1949, ch. 
288, title V, Sec. 506(g), as added Sept. 5, 1950, ch. 849, Sec. 6(d), 
64 Stat. 583).

                       References in Text

    Chapter 27 of this title, referred to in text, was repealed by Pub. 
L. 95-378, Sec. 2(a), Sept. 22, 1978, 92 Stat. 723.


                               Amendments

    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''.


                     CHAPTER 33--DISPOSAL OF RECORDS

Sec.
3301.         Definition of records.
3302.         Regulations covering lists of records for disposal, 
                  procedure for disposal, and standards for 
                  reproduction.
3303.         Lists and schedules of records to be submitted to 
                  Archivist by head of each Government agency.\1\
  
---------------------------------------------------------------------------
    \1\ Does not conform to section catchline.
---------------------------------------------------------------------------
3303a.        Examination by Archivist of lists and schedules of records 
                  lacking preservation value; disposal of records.
[3304 to 
3307.  
Repealed.]
3308.         Disposal of similar records where prior disposal was 
                  authorized.
3309.         Preservation of claims of Government until settled in 
                  Government Accountability Office; disposal authorized 
                  upon written approval of Comptroller General.
3310.         Disposal of records constituting menace to health, life, 
                  or property.
3311.         Destruction of records outside continental United States 
                  in time of war or when hostile action seems imminent; 
                  written report to Archivist.
3312.         Photographs or microphotographs of records considered as 
                  originals; certified reproductions admissible in 
                  evidence.
3313.         Moneys from sale of records payable into the Treasury.
3314.         Procedures for disposal of records exclusive.
3315.         Definitions.
3316.         Establishment of Commission.
3317.         Duties of Commission.
3318.         Membership.
3319.         Director and staff; experts and consultants.
3320.         Powers of Commission.
3321.         Support services.
3322.         Report.
3323.         Termination.
3324.         Authorization of appropriations.


                               Amendments

    2004--Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814, 
substituted ``Government Accountability Office'' for ``General 
Accounting Office'' in item 3309.
    1984--Pub. L. 98-497, title I, Sec. 107(b)(25)(D), Oct. 19, 1984, 98 
Stat. 2290, substituted ``Archivist'' for ``Administrator of General 
Services'' in items 3303, 3303a, and 3311.
    1976--Pub. L. 94-575, Sec. 4(c)(1), Oct. 21, 1976, 90 Stat. 2727, 
struck out ``; approval by President'' after ``standards for 
reproduction'' in item 3302.
    1974--Pub. L. 93-526, title II, Sec. 203, Dec. 19, 1974, 88 Stat. 
1702, added items 3315 to 3324.
    1970--Pub. L. 91-287, Sec. 3, June 23, 1970, 84 Stat. 322, inserted 
item 3303a and struck out items 3304 ``Lists and schedules of records 
lacking preservation value; submission to Congress by Administrator of 
General Services'', 3305 ``Examination of lists and schedules by joint 
congressional committee and report to Congress'', 3306 ``Disposal of 
records by head of Government agency upon notification by Administrator 
of General Services of action by joint congressional committee'', and 
3307 ``Disposal of records upon failure of joint congressional committee 
to act''.


Sec. 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, 
Sec. 4(c)(2), Oct. 21, 1976, 90 Stat. 2727.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 366 (July 7, 1943, ch. 192, 
Sec. 1, 57 Stat. 380).


                               Amendments

    1976--Pub. L. 94-575 expanded ``records'' to include ``machine 
readable materials''.


Sec. 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, 
Sec. 4(c)(1), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 98-497, title I, 
Sec. 107(b)(23), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 367 (July 7, 1943, ch. 192, 
Sec. 2, 57 Stat. 381; June 30, 1949, ch. 288, title I, Sec. 104, 63 
Stat. 381).


                               Amendments

    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.


                    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.


Sec. 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, 
Sec. 107(b)(23), (25)(A), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 368 (July 7, 1943, ch. 192, 
Sec. 3, 57 Stat. 381; June 30, 1949, ch. 288, title I, Sec. 104(a), 63 
Stat. 381).


                               Amendments

    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.


                    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.


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.
    (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; Pub. L. 108-383, Sec. 2(b), Oct. 30, 2004, 118 Stat. 2218.)


                               Amendments

    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, 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.


[Sec. Sec. 3304 to 3307. Repealed. Pub. L. 91-287, Sec. 2(c), 
        June 23, 1970, 84 Stat. 321]
        
    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.
    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.
    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.
    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.


Sec. 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, 
Sec. 2(a), June 23, 1970, 84 Stat. 321; Pub. L. 98-497, title I, 
Sec. 107(b)(23), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 373 (July 7, 1943, ch. 192, 
Sec. 8, 57 Stat. 382; June 30, 1949, ch. 288, title I, Sec. 104(a), 63 
Stat. 381).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services''.
    1970--Pub. L. 91-287 struck out ``by Congress'' after 
``authorized''.


                    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.


Sec. 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, 
Sec. 2(b), June 23, 1970, 84 Stat. 321; Pub. L. 108-271, Sec. 8(b), July 
7, 2004, 118 Stat. 814.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 374 (July 7, 1943, ch. 192, 
Sec. 9, 57 Stat. 382).


                               Amendments

    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''.


Sec. 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, 
Sec. 107(b)(24), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 375 (July 7, 1943, ch. 192, 
Sec. 10, 57 Stat. 382; June 30, 1949, ch. 288, title I, Sec. 104(a), 63 
Stat. 381).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services'' and ``Archivist'' for ``Administrator'' wherever 
appearing.


                    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.


Sec. 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, 
Sec. 107(b)(23), (25)(C), Oct. 19, 1984, 98 Stat. 2290.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 376 (July 7, 1943, ch. 192, 
Sec. 11, 57 Stat. 382; June 30, 1949, ch. 288, title I, Sec. 104(a), 63 
Stat. 381).


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist'' for ``Administrator 
of General Services'' in section catchline and text.


                    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.


Sec. 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.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 378 (July 7, 1943, ch. 192, 
Sec. 13, 57 Stat. 382).


Sec. 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.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 379 (July 7, 1943, ch. 192, 
Sec. 14, 57 Stat. 383).


Sec. 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.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 380 (July 7, 1943, ch. 192, 
Sec. 15, 57 Stat. 383).


Sec. 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, Sec. 202, Dec. 19, 1974, 88 Stat. 
1698.)


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 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, Sec. 202, Dec. 19, 1974, 88 Stat. 
1699.)


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 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;
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (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, Sec. 202, Dec. 19, 1974, 88 Stat. 
1699.)

                       References in 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, Sec. 102(a)(1), Oct. 19, 1984, 98 Stat. 2280.


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 3318. Membership

    (a)(1) The Commission shall be composed of seventeen members as 
follows:
        (A) one Member of the House of Representatives appointed by the 
    Speaker of the House upon recommendation made by the majority leader 
    of the House;
        (B) one Member of the House of Representatives appointed by the 
    Speaker of the House upon recommendation made by the minority leader 
    of the House;
        (C) one Member of the Senate appointed by the President pro 
    tempore of the Senate upon recommendation made by the majority 
    leader of the Senate;
        (D) one Member of the Senate appointed by the President pro 
    tempore of the Senate upon recommendation made by the minority 
    leader of the Senate;
        (E) one member of the Federal judiciary appointed by the Chief 
    Justice of the United States;
        (F) one person employed by the Executive Office of the President 
    or the White House Office, appointed by the President;
        (G) three appointed by the President, by and with the advice and 
    consent of the Senate, from persons who are not officers or 
    employees of any government and who are specially qualified to serve 
    on the Commission by virtue of their education, training, or 
    experience;
        (H) one representative of the Department of State, appointed by 
    the Secretary of State;
        (I) one representative of the Department of Defense, appointed 
    by the Secretary of Defense;
        (J) one representative of the Department of Justice, appointed 
    by the Attorney General;
        (K) the Administrator of General Services (or his delegate);
        (L) the Librarian of Congress;
        (M) one member of the American Historical Association, appointed 
    by the counsel of such Association;
        (N) one member of the Society of American Archivists, appointed 
    by such Society; and
        (O) one member of the Organization of American Historians, 
    appointed by such Organization.

    (2) No more than two members appointed under paragraph (1)(G) may be 
of the same political party.
    (b) A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made.
    (c) If any member of the Commission who was appointed to the 
Commission as a Member of the Congress leave such office, or if any 
member of the Commission who was appointed from persons who are not 
officers or employees of any government becomes an officer or employee 
of a government, he may continue as a member of the Commission for no 
longer than the sixty-day period beginning on the date he leaves such 
office or becomes such an officer or employee, as the case may be.
    (d) Members shall be appointed for the life of the Commission.
    (e)(1) Members of the Commission shall serve without pay.
    (2) While away from their homes or regular places of business in the 
performance of services for the Commission, members of the Commission 
shall be allowed travel expenses in the same manner as persons employed 
intermittently in the service of the Federal Government are allowed 
expenses under section 5703 of title 5, United States Code, except that 
per diem in lieu of subsistence shall be paid only to those members of 
the Commission who are not full-time officers or employees of the United 
States or Members of the Congress.
    (f) The Chairman of the Commission shall be designated by the 
President from among members appointed under subsection (a)(1)(G).
    (g) The Commission shall meet at the call of the Chairman or a 
majority of its members.

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat. 1699; 
amended Pub. L. 94-261, Sec. 1(a), Apr. 11, 1976, 90 Stat. 326.)


                               Amendments

    1976--Subsec. (a)(1)(E). Pub. L. 94-261, Sec. 1(a)(1), substituted 
``one member of the Federal judiciary appointed by the Chief Justice of 
the United States;'' for ``one Justice of the Supreme Court, appointed 
by the Chief Justice of the United States;''.
    Subsec. (e)(2). Pub. L. 94-261, Sec. 1(a)(2), substituted ``section 
5703 of title 5, United States Code'' for ``section 5703(b) of title 5, 
United States Code''.


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 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, Sec. 202, Dec. 19, 1974, 88 Stat. 
1701.)


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 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, Sec. 202, Dec. 19, 1974, 88 Stat. 
1701.)


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 3321. Support services

    (a) The Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative support services 
and assistance as the Commission may request.
    (b) The Archivist of the United States shall provide to the 
Commission on a reimbursable basis such technical and expert advice, 
consultation, and support assistance as the Commission may request.

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat. 
1701.)


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 3322. Report

    The Commission shall transmit to the President and to each House of 
the Congress a report not later than March 31, 1977. Such report shall 
contain a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for such legislation, 
administrative actions, and other actions, as it deems appropriate.

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat. 1701; 
amended Pub. L. 94-261, Sec. 1(b), Apr. 11, 1976, 90 Stat. 326.)


                               Amendments

    1976--Pub. L. 94-261 substituted ``March 31, 1977'' for ``March 31, 
1976''.


                        Termination of Commission

    For provision that Commission is to cease to exist sixty days after 
transmitting its report, see section 3323 of this title.


Sec. 3323. Termination

    The Commission shall cease to exist sixty days after transmitting 
its report under section 3322 of this title.

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat. 
1701.)


Sec. 3324. Authorization of appropriations

    There is authorized to be appropriated such sums as may be necessary 
to carry out section 3315 through section 3324 of this title.

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat. 
1701.)


         CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

            SUBCHAPTER I--FEDERAL INFORMATION POLICY

Sec.
3501.         Purposes.
3502.         Definitions.
3503.         Office of Information and Regulatory Affairs.
3504.         Authority and functions of Director.
3505.         Assignment of tasks and deadlines.
3506.         Federal agency responsibilities.
3507.         Public information collection activities; submission to 
                  Director; approval and delegation.
3508.         Determination of necessity for information; hearing.
3509.         Designation of central collection agency.
3510.         Cooperation of agencies in making information available.
3511.         Establishment and operation of Government Information 
                  Locator Service.
3512.         Public protection.
3513.         Director review of agency activities; reporting; agency 
                  response.
3514.         Responsiveness to Congress.
3515.         Administrative powers.
3516.         Rules and regulations.
3517.         Consultation with other agencies and the public.
3518.         Effect on existing laws and regulations.
3519.         Access to information.
3520.         Establishment of task force on information collection and 
                  dissemination.
3521.         Authorization of appropriations.
               SUBCHAPTER II--INFORMATION SECURITY

3531.         Purposes.
3532.         Definitions.
3533.         Authority and functions of the Director.
3534.         Federal agency responsibilities.
3535.         Annual independent evaluation.
3536.         National security systems.
3537.         Authorization of appropriations.
3538.         Effect on existing law.
              SUBCHAPTER III--INFORMATION SECURITY

3541.         Purposes.
3542.         Definitions.
3543.         Authority and functions of the Director.
3544.         Federal agency responsibilities.
3545.         Annual independent evaluation.
3546.         Federal information security incident center.
3547.         National security systems.
3548.         Authorization of appropriations.
3549.         Effect on existing law.


                               Amendments

    2002--Pub. L. 107-347, title III, Sec. 301(b)(2), Dec. 17, 2002, 116 
Stat. 2955, added heading for subchapter III and items 3541 to 3549.
    Pub. L. 107-296, title X, Sec. 1001(b)(2), Nov. 25, 2002, 116 Stat. 
2267, reenacted items 3531 to 3535 without change, substituted 
``National security systems'' for ``Expiration'' in item 3536, and added 
items 3537 and 3538.
    Pub. L. 107-198, Sec. 3(b), June 28, 2002, 116 Stat. 732, added item 
3520 and renumbered former item 3520 as 3521.
    2000--Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(a)(1)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-275, inserted subchapters I and II 
headings and added items 3531 to 3536.
    1995--Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163, amended 
chapter heading and analysis generally.
    1980--Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812, 
substituted in chapter heading ``INFORMATION POLICY'' for ``REPORTING 
SERVICES'', and amended analysis generally.


                SUBCHAPTER I--FEDERAL INFORMATION POLICY


                               Amendments

    2000--Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(a)(2)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-275, inserted subchapter heading.


Sec. 3501. Purposes

    The purposes of this subchapter are to--
        (1) minimize the paperwork burden for individuals, small 
    businesses, educational and nonprofit institutions, Federal 
    contractors, State, local and tribal governments, and other persons 
    resulting from the collection of information by or for the Federal 
    Government;
        (2) ensure the greatest possible public benefit from and 
    maximize the utility of information created, collected, maintained, 
    used, shared and disseminated by or for the Federal Government;
        (3) coordinate, integrate, and to the extent practicable and 
    appropriate, make uniform Federal information resources management 
    policies and practices as a means to improve the productivity, 
    efficiency, and effectiveness of Government programs, including the 
    reduction of information collection burdens on the public and the 
    improvement of service delivery to the public;
        (4) improve the quality and use of Federal information to 
    strengthen decisionmaking, accountability, and openness in 
    Government and society;
        (5) minimize the cost to the Federal Government of the creation, 
    collection, maintenance, use, dissemination, and disposition of 
    information;
        (6) strengthen the partnership between the Federal Government 
    and State, local, and tribal governments by minimizing the burden 
    and maximizing the utility of information created, collected, 
    maintained, used, disseminated, and retained by or for the Federal 
    Government;
        (7) provide for the dissemination of public information on a 
    timely basis, on equitable terms, and in a manner that promotes the 
    utility of the information to the public and makes effective use of 
    information technology;
        (8) ensure that the creation, collection, maintenance, use, 
    dissemination, and disposition of information by or for the Federal 
    Government is consistent with applicable laws, including laws 
    relating to--
            (A) privacy and confidentiality, including section 552a of 
        title 5;
            (B) security of information, including section 11332 of 
        title 40 \1\ ; and
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
            (C) access to information, including section 552 of title 5;

        (9) ensure the integrity, quality, and utility of the Federal 
    statistical system;
        (10) ensure that information technology is acquired, used, and 
    managed to improve performance of agency missions, including the 
    reduction of information collection burdens on the public; and
        (11) improve the responsibility and accountability of the Office 
    of Management and Budget and all other Federal agencies to Congress 
    and to the public for implementing the information collection review 
    process, information resources management, and related policies and 
    guidelines established under this subchapter.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275; Pub. L. 107-217, Sec. 3(l)(3), Aug. 21, 2002, 116 
Stat. 1301.)

                       References in Text

    Section 11332 of title 40, referred to in par. (8)(B), was repealed 
by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25, 2002, 116 Stat. 
2272, and Pub. L. 107-347, title III, Sec. 305(a), Dec. 17, 2002, 116 
Stat. 2960.


                            Prior Provisions

    A prior section 3501, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2812; amended Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 811], Oct. 18, 1986, 100 Stat. 1783-308, 1783-335, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 811], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-335, related to purposes of this chapter prior to the general 
amendment of this chapter by Pub. L. 104-13.
    Another prior section 3501, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1302, related to information for Federal agencies, prior to the general 
amendment of this chapter by Pub. L. 96-511.


                               Amendments

    2002--Par. (8)(B). Pub. L. 107-217 substituted ``section 11332 of 
title 40'' for ``the Computer Security Act of 1987 (Public Law 100-
235)''.
    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter'' in 
introductory provisions and in par. (11).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                             Effective Date

    Section 4 of Pub. L. 104-13 provided that:
    ``(a) In General.--Except as otherwise provided in this section, 
this Act [enacting this chapter, amending section 91 of Title 13, 
Census, and enacting provisions set out as a note under section 101 of 
this title] and the amendments made by this Act shall take effect on 
October 1, 1995.
    ``(b) Authorization of Appropriations.--Section 3520 [now 3521] of 
title 44, United States Code, as amended by this Act, shall take effect 
on the date of enactment of this Act [May 22, 1995].
    ``(c) Delayed Application.--In the case of a collection of 
information for which there is in effect on September 30, 1995, a 
control number issued by the Office of Management and Budget under 
chapter 35 of title 44, United States Code--
        ``(1) the amendments made by this Act [enacting this chapter and 
    amending section 91 of Title 13] shall apply to the collection of 
    information beginning on the earlier of--
            ``(A) the first renewal or modification of that collection 
        of information after September 30, 1995; or
            ``(B) the expiration of its control number after September 
        30, 1995.
        ``(2) prior to such renewal, modification, or expiration, the 
    collection of information shall be subject to chapter 35 of title 
    44, United States Code, as in effect on September 30, 1995.''


                               Short Title

    This chapter is popularly known as the ``Paperwork Reduction Act''.


   Federal Management and Promotion of Electronic Government Services

    Pub. L. 107-347, title II, Dec. 17, 2002, 116 Stat. 2910, as amended 
by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-
281, Sec. 1, Aug. 2, 2004, 118 Stat. 889, provided that:
``SEC. 201. DEFINITIONS.
    ``Except as otherwise provided, in this title the definitions under 
sections 3502 and 3601 of title 44, United States Code, shall apply.
``SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.
    ``(a) In General.--The head of each agency shall be responsible 
for--
        ``(1) complying with the requirements of this Act [see Tables 
    for classification] (including the amendments made by this Act), the 
    related information resource management policies and guidance 
    established by the Director of the Office of Management and Budget, 
    and the related information technology standards promulgated by the 
    Secretary of Commerce;
        ``(2) ensuring that the information resource management policies 
    and guidance established under this Act by the Director, and the 
    related information technology standards promulgated by the 
    Secretary of Commerce are communicated promptly and effectively to 
    all relevant officials within their agency; and
        ``(3) supporting the efforts of the Director and the 
    Administrator of the General Services Administration to develop, 
    maintain, and promote an integrated Internet-based system of 
    delivering Federal Government information and services to the public 
    under section 204.
    ``(b) Performance Integration.--
        ``(1) Agencies shall develop performance measures that 
    demonstrate how electronic government enables progress toward agency 
    objectives, strategic goals, and statutory mandates.
        ``(2) In measuring performance under this section, agencies 
    shall rely on existing data collections to the extent practicable.
        ``(3) Areas of performance measurement that agencies should 
    consider include--
            ``(A) customer service;
            ``(B) agency productivity; and
            ``(C) adoption of innovative information technology, 
        including the appropriate use of commercial best practices.
        ``(4) Agencies shall link their performance goals, as 
    appropriate, to key groups, including citizens, businesses, and 
    other governments, and to internal Federal Government operations.
        ``(5) As appropriate, agencies shall work collectively in 
    linking their performance goals to groups identified under paragraph 
    (4) and shall use information technology in delivering Government 
    information and services to those groups.
    ``(c) Avoiding Diminished Access.--When promulgating policies and 
implementing programs regarding the provision of Government information 
and services over the Internet, agency heads shall consider the impact 
on persons without access to the Internet, and shall, to the extent 
practicable--
        ``(1) ensure that the availability of Government information and 
    services has not been diminished for individuals who lack access to 
    the Internet; and
        ``(2) pursue alternate modes of delivery that make Government 
    information and services more accessible to individuals who do not 
    own computers or lack access to the Internet.
    ``(d) Accessibility to People With Disabilities.--All actions taken 
by Federal departments and agencies under this Act [see Tables for 
classification] shall be in compliance with section 508 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794d).
    ``(e) Sponsored Activities.--Agencies shall sponsor activities that 
use information technology to engage the public in the development and 
implementation of policies and programs.
    ``(f) Chief Information Officers.--The Chief Information Officer of 
each of the agencies designated under chapter 36 of title 44, United 
States Code (as added by this Act) shall be responsible for--
        ``(1) participating in the functions of the Chief Information 
    Officers Council; and
        ``(2) monitoring the implementation, within their respective 
    agencies, of information technology standards promulgated by the 
    Secretary of Commerce, including common standards for 
    interconnectivity and interoperability, categorization of Federal 
    Government electronic information, and computer system efficiency 
    and security.
    ``(g) E-Government Status Report.--
        ``(1) In general.--Each agency shall compile and submit to the 
    Director an annual E-Government Status Report on--
            ``(A) the status of the implementation by the agency of 
        electronic government initiatives;
            ``(B) compliance by the agency with this Act [see Tables for 
        classification]; and
            ``(C) how electronic Government initiatives of the agency 
        improve performance in delivering programs to constituencies.
        ``(2) Submission.--Each agency shall submit an annual report 
    under this subsection--
            ``(A) to the Director at such time and in such manner as the 
        Director requires;
            ``(B) consistent with related reporting requirements; and
            ``(C) which addresses any section in this title relevant to 
        that agency.
    ``(h) Use of Technology.--Nothing in this Act [see Tables for 
classification] supersedes the responsibility of an agency to use or 
manage information technology to deliver Government information and 
services that fulfill the statutory mission and programs of the agency.
    ``(i) National Security Systems.--
        ``(1) Inapplicability.--Except as provided under paragraph (2), 
    this title does not apply to national security systems as defined in 
    section 11103 of title 40, United States Code.
        ``(2) Applicability.--This section, section 203, and section 214 
    do apply to national security systems to the extent practicable and 
    consistent with law.
``SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND 
        ACCEPTANCE OF ELECTRONIC SIGNATURES.
    ``(a) Purpose.--The purpose of this section is to achieve 
interoperable implementation of electronic signatures for appropriately 
secure electronic transactions with Government.
    ``(b) Electronic Signatures.--In order to fulfill the objectives of 
the Government Paperwork Elimination Act (Public Law 105-277; 112 Stat. 
2681-749 through 2681-751) [44 U.S.C. 3504 note], each Executive agency 
(as defined under section 105 of title 5, United States Code) shall 
ensure that its methods for use and acceptance of electronic signatures 
are compatible with the relevant policies and procedures issued by the 
Director.
    ``(c) Authority for Electronic Signatures.--The Administrator of 
General Services shall support the Director by establishing a framework 
to allow efficient interoperability among Executive agencies when using 
electronic signatures, including processing of digital signatures.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the General Services Administration, to ensure the 
development and operation of a Federal bridge certification authority 
for digital signature compatibility, and for other activities consistent 
with this section, $8,000,000 or such sums as are necessary in fiscal 
year 2003, and such sums as are necessary for each fiscal year 
thereafter.
``SEC. 204. FEDERAL INTERNET PORTAL.
    ``(a) In General.--
        ``(1) Public access.--The Director shall work with the 
    Administrator of the General Services Administration and other 
    agencies to maintain and promote an integrated Internet-based system 
    of providing the public with access to Government information and 
    services.
        ``(2) Criteria.--To the extent practicable, the integrated 
    system shall be designed and operated according to the following 
    criteria:
            ``(A) The provision of Internet-based Government information 
        and services directed to key groups, including citizens, 
        business, and other governments, and integrated according to 
        function or topic rather than separated according to the 
        boundaries of agency jurisdiction.
            ``(B) An ongoing effort to ensure that Internet-based 
        Government services relevant to a given citizen activity are 
        available from a single point.
            ``(C) Access to Federal Government information and services 
        consolidated, as appropriate, with Internet-based information 
        and services provided by State, local, and tribal governments.
            ``(D) Access to Federal Government information held by 1 or 
        more agencies shall be made available in a manner that protects 
        privacy, consistent with law.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the General Services Administration $15,000,000 for the 
maintenance, improvement, and promotion of the integrated Internet-based 
system for fiscal year 2003, and such sums as are necessary for fiscal 
years 2004 through 2007.
``SEC. 205. FEDERAL COURTS.
    ``(a) Individual Court Websites.--The Chief Justice of the United 
States, the chief judge of each circuit and district and of the Court of 
Federal Claims, and the chief bankruptcy judge of each district shall 
cause to be established and maintained, for the court of which the judge 
is chief justice or judge, a website that contains the following 
information or links to websites with the following information:
        ``(1) Location and contact information for the courthouse, 
    including the telephone numbers and contact names for the clerk's 
    office and justices' or judges' chambers.
        ``(2) Local rules and standing or general orders of the court.
        ``(3) Individual rules, if in existence, of each justice or 
    judge in that court.
        ``(4) Access to docket information for each case.
        ``(5) Access to the substance of all written opinions issued by 
    the court, regardless of whether such opinions are to be published 
    in the official court reporter, in a text searchable format.
        ``(6) Access to documents filed with the courthouse in 
    electronic form, to the extent provided under subsection (c).
        ``(7) Any other information (including forms in a format that 
    can be downloaded) that the court determines useful to the public.
    ``(b) Maintenance of Data Online.--
        ``(1) Update of information.--The information and rules on each 
    website shall be updated regularly and kept reasonably current.
        ``(2) Closed cases.--Electronic files and docket information for 
    cases closed for more than 1 year are not required to be made 
    available online, except all written opinions with a date of 
    issuance after the effective date of this section [see Effective 
    Date note set out under section 3601 of this title] shall remain 
    available online.
    ``(c) Electronic Filings.--
        ``(1) In general.--Except as provided under paragraph (2) or in 
    the rules prescribed under paragraph (3), each court shall make any 
    document that is filed electronically publicly available online. A 
    court may convert any document that is filed in paper form to 
    electronic form. To the extent such conversions are made, all such 
    electronic versions of the document shall be made available online.
        ``(2) Exceptions.--Documents that are filed that are not 
    otherwise available to the public, such as documents filed under 
    seal, shall not be made available online.
        ``(3) Privacy and security concerns.--
            ``(A)(i) The Supreme Court shall prescribe rules, in 
        accordance with sections 2072 and 2075 of title 28, United 
        States Code, to protect privacy and security concerns relating 
        to electronic filing of documents and the public availability 
        under this subsection of documents filed electronically or 
        converted to electronic form.
            ``(ii) Such rules shall provide to the extent practicable 
        for uniform treatment of privacy and security issues throughout 
        the Federal courts.
            ``(iii) Such rules shall take into consideration best 
        practices in Federal and State courts to protect private 
        information or otherwise maintain necessary information 
        security.
            ``(iv) Except as provided in clause (v), to the extent that 
        such rules provide for the redaction of certain categories of 
        information in order to protect privacy and security concerns, 
        such rules shall provide that a party that wishes to file an 
        otherwise proper document containing such protected information 
        may file an unredacted document under seal, which shall be 
        retained by the court as part of the record, and which, at the 
        discretion of the court and subject to any applicable rules 
        issued in accordance with chapter 131 of title 28, United States 
        Code, shall be either in lieu of, or in addition to, a redacted 
        copy in the public file.
            ``(v) Such rules may require the use of appropriate redacted 
        identifiers in lieu of protected information described in clause 
        (iv) in any pleading, motion, or other paper filed with the 
        court (except with respect to a paper that is an exhibit or 
        other evidentiary matter, or with respect to a reference list 
        described in this subclause), or in any written discovery 
        response--
                ``(I) by authorizing the filing under seal, and 
            permitting the amendment as of right under seal, of a 
            reference list that--
          ``(aa) identifies each item of unredacted protected 
                information that the attorney or, if there is no 
                attorney, the party, certifies is relevant to the case; 
                and
          ``(bb) specifies an appropriate redacted identifier that 
                uniquely corresponds to each item of unredacted 
                protected information listed; and
                ``(II) by providing that all references in the case to 
            the redacted identifiers in such reference list shall be 
            construed, without more, to refer to the corresponding 
            unredacted item of protected information.
            ``(B)(i) Subject to clause (ii), the Judicial Conference of 
        the United States may issue interim rules, and interpretive 
        statements relating to the application of such rules, which 
        conform to the requirements of this paragraph and which shall 
        cease to have effect upon the effective date of the rules 
        required under subparagraph (A).
            ``(ii) Pending issuance of the rules required under 
        subparagraph (A), any rule or order of any court, or of the 
        Judicial Conference, providing for the redaction of certain 
        categories of information in order to protect privacy and 
        security concerns arising from electronic filing or electronic 
        conversion shall comply with, and be construed in conformity 
        with, subparagraph (A)(iv).
            ``(C) Not later than 1 year after the rules prescribed under 
        subparagraph (A) take effect, and every 2 years thereafter, the 
        Judicial Conference shall submit to Congress a report on the 
        adequacy of those rules to protect privacy and security.
    ``(d) Dockets With Links to Documents.--The Judicial Conference of 
the United States shall explore the feasibility of technology to post 
online dockets with links allowing all filings, decisions, and rulings 
in each case to be obtained from the docket sheet of that case.
    ``(e) Cost of Providing Electronic Docketing Information.--[Amended 
section 303(a) of Pub. L. 102-140, set out as a note under section 1913 
of Title 28, Judiciary and Judicial Procedure.]
    ``(f) Time Requirements.--Not later than 2 years after the effective 
date of this title [see Effective Date note set out under section 3601 
of this title], the websites under subsection (a) shall be established, 
except that access to documents filed in electronic form shall be 
established not later than 4 years after that effective date.
    ``(g) Deferral.--
        ``(1) In general.--
            ``(A) Election.--
                ``(i) Notification.--The Chief Justice of the United 
            States, a chief judge, or chief bankruptcy judge may submit 
            a notification to the Administrative Office of the United 
            States Courts to defer compliance with any requirement of 
            this section with respect to the Supreme Court, a court of 
            appeals, district, or the bankruptcy court of a district.
                ``(ii) Contents.--A notification submitted under this 
            subparagraph shall state--
          ``(I) the reasons for the deferral; and
          ``(II) the online methods, if any, or any alternative methods, 
                such court or district is using to provide greater 
                public access to information.
            ``(B) Exception.--To the extent that the Supreme Court, a 
        court of appeals, district, or bankruptcy court of a district 
        maintains a website under subsection (a), the Supreme Court or 
        that court of appeals or district shall comply with subsection 
        (b)(1).
        ``(2) Report.--Not later than 1 year after the effective date of 
    this title [see Effective Date note set out under section 3601 of 
    this title], and every year thereafter, the Judicial Conference of 
    the United States shall submit a report to the Committees on 
    Governmental Affairs and the Judiciary of the Senate and the 
    Committees on Government Reform [now Oversight and Government 
    Reform] and the Judiciary of the House of Representatives that--
            ``(A) contains all notifications submitted to the 
        Administrative Office of the United States Courts under this 
        subsection; and
            ``(B) summarizes and evaluates all notifications.
``SEC. 206. REGULATORY AGENCIES.
    ``(a) Purposes.--The purposes of this section are to--
        ``(1) improve performance in the development and issuance of 
    agency regulations by using information technology to increase 
    access, accountability, and transparency; and
        ``(2) enhance public participation in Government by electronic 
    means, consistent with requirements under subchapter II of chapter 5 
    of title 5, United States Code, (commonly referred to as the 
    `Administrative Procedures Act').
    ``(b) Information Provided by Agencies Online.--To the extent 
practicable as determined by the agency in consultation with the 
Director, each agency (as defined under section 551 of title 5, United 
States Code) shall ensure that a publicly accessible Federal Government 
website includes all information about that agency required to be 
published in the Federal Register under paragraphs (1) and (2) of 
section 552(a) of title 5, United States Code.
    ``(c) Submissions by Electronic Means.--To the extent practicable, 
agencies shall accept submissions under section 553(c) of title 5, 
United States Code, by electronic means.
    ``(d) Electronic Docketing.--
        ``(1) In general.--To the extent practicable, as determined by 
    the agency in consultation with the Director, agencies shall ensure 
    that a publicly accessible Federal Government website contains 
    electronic dockets for rulemakings under section 553 of title 5, 
    United States Code.
        ``(2) Information available.--Agency electronic dockets shall 
    make publicly available online to the extent practicable, as 
    determined by the agency in consultation with the Director--
            ``(A) all submissions under section 553(c) of title 5, 
        United States Code; and
            ``(B) other materials that by agency rule or practice are 
        included in the rulemaking docket under section 553(c) of title 
        5, United States Code, whether or not submitted electronically.
    ``(e) Time Limitation.--Agencies shall implement the requirements of 
this section consistent with a timetable established by the Director and 
reported to Congress in the first annual report under section 3606 of 
title 44 (as added by this Act).
``SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF GOVERNMENT 
        INFORMATION.
    ``(a) Purpose.--The purpose of this section is to improve the 
methods by which Government information, including information on the 
Internet, is organized, preserved, and made accessible to the public.
    ``(b) Definitions.--In this section, the term--
        ``(1) `Committee' means the Interagency Committee on Government 
    Information established under subsection (c); and
        ``(2) `directory' means a taxonomy of subjects linked to 
    websites that--
            ``(A) organizes Government information on the Internet 
        according to subject matter; and
            ``(B) may be created with the participation of human 
        editors.
    ``(c) Interagency Committee.--
        ``(1) Establishment.--Not later than 180 days after the date of 
    enactment of this title [Dec. 17, 2002], the Director shall 
    establish the Interagency Committee on Government Information.
        ``(2) Membership.--The Committee shall be chaired by the 
    Director or the designee of the Director and--
            ``(A) shall include representatives from--
                ``(i) the National Archives and Records Administration;
                ``(ii) the offices of the Chief Information Officers 
            from Federal agencies; and
                ``(iii) other relevant officers from the executive 
            branch; and
            ``(B) may include representatives from the Federal 
        legislative and judicial branches.
        ``(3) Functions.--The Committee shall--
            ``(A) engage in public consultation to the maximum extent 
        feasible, including consultation with interested communities 
        such as public advocacy organizations;
            ``(B) conduct studies and submit recommendations, as 
        provided under this section, to the Director and Congress; and
            ``(C) share effective practices for access to, dissemination 
        of, and retention of Federal information.
        ``(4) Termination.--The Committee may be terminated on a date 
    determined by the Director, except the Committee may not terminate 
    before the Committee submits all recommendations required under this 
    section.
    ``(d) Categorizing of Information.--
        ``(1) Committee functions.--Not later than 2 years after the 
    date of enactment of this Act [Dec. 17, 2002], the Committee shall 
    submit recommendations to the Director on--
            ``(A) the adoption of standards, which are open to the 
        maximum extent feasible, to enable the organization and 
        categorization of Government information--
                ``(i) in a way that is searchable electronically, 
            including by searchable identifiers; and
                ``(ii) in ways that are interoperable across agencies;
            ``(B) the definition of categories of Government information 
        which should be classified under the standards; and
            ``(C) determining priorities and developing schedules for 
        the initial implementation of the standards by agencies.
        ``(2) Functions of the director.--Not later than 1 year after 
    the submission of recommendations under paragraph (1), the Director 
    shall issue policies--
            ``(A) requiring that agencies use standards, which are open 
        to the maximum extent feasible, to enable the organization and 
        categorization of Government information--
                ``(i) in a way that is searchable electronically, 
            including by searchable identifiers;
                ``(ii) in ways that are interoperable across agencies; 
            and
                ``(iii) that are, as appropriate, consistent with the 
            provisions under section 3602(f)(8) of title 44, United 
            States Code;
            ``(B) defining categories of Government information which 
        shall be required to be classified under the standards; and
            ``(C) determining priorities and developing schedules for 
        the initial implementation of the standards by agencies.
        ``(3) Modification of policies.--After the submission of agency 
    reports under paragraph (4), the Director shall modify the policies, 
    as needed, in consultation with the Committee and interested 
    parties.
        ``(4) Agency functions.--Each agency shall report annually to 
    the Director, in the report established under section 202(g), on 
    compliance of that agency with the policies issued under paragraph 
    (2)(A).
    ``(e) Public Access to Electronic Information.--
        ``(1) Committee functions.--Not later than 2 years after the 
    date of enactment of this Act [Dec. 17, 2002], the Committee shall 
    submit recommendations to the Director and the Archivist of the 
    United States on--
            ``(A) the adoption by agencies of policies and procedures to 
        ensure that chapters 21, 25, 27, 29, and 31 of title 44, United 
        States Code, are applied effectively and comprehensively to 
        Government information on the Internet and to other electronic 
        records; and
            ``(B) the imposition of timetables for the implementation of 
        the policies and procedures by agencies.
        ``(2) Functions of the archivist.--Not later than 1 year after 
    the submission of recommendations by the Committee under paragraph 
    (1), the Archivist of the United States shall issue policies--
            ``(A) requiring the adoption by agencies of policies and 
        procedures to ensure that chapters 21, 25, 27, 29, and 31 of 
        title 44, United States Code, are applied effectively and 
        comprehensively to Government information on the Internet and to 
        other electronic records; and
            ``(B) imposing timetables for the implementation of the 
        policies, procedures, and technologies by agencies.
        ``(3) Modification of policies.--After the submission of agency 
    reports under paragraph (4), the Archivist of the United States 
    shall modify the policies, as needed, in consultation with the 
    Committee and interested parties.
        ``(4) Agency functions.--Each agency shall report annually to 
    the Director, in the report established under section 202(g), on 
    compliance of that agency with the policies issued under paragraph 
    (2)(A).
    ``(f) Agency Websites.--
        ``(1) Standards for agency websites.--Not later than 2 years 
    after the effective date of this title [see Effective Date note set 
    out under section 3601 of this title], the Director shall promulgate 
    guidance for agency websites that includes--
            ``(A) requirements that websites include direct links to--
                ``(i) descriptions of the mission and statutory 
            authority of the agency;
                ``(ii) information made available to the public under 
            subsections (a)(1) and (b) of section 552 of title 5, United 
            States Code (commonly referred to as the `Freedom of 
            Information Act');
                ``(iii) information about the organizational structure 
            of the agency; and
                ``(iv) the strategic plan of the agency developed under 
            section 306 of title 5, United States Code; and
            ``(B) minimum agency goals to assist public users to 
        navigate agency websites, including--
                ``(i) speed of retrieval of search results;
                ``(ii) the relevance of the results;
                ``(iii) tools to aggregate and disaggregate data; and
                ``(iv) security protocols to protect information.
        ``(2) Agency requirements.--(A) Not later than 2 years after the 
    date of enactment of this Act [Dec. 17, 2002], each agency shall--
            ``(i) consult with the Committee and solicit public comment;
            ``(ii) establish a process for determining which Government 
        information the agency intends to make available and accessible 
        to the public on the Internet and by other means;
            ``(iii) develop priorities and schedules for making 
        Government information available and accessible;
            ``(iv) make such final determinations, priorities, and 
        schedules available for public comment;
            ``(v) post such final determinations, priorities, and 
        schedules on the Internet; and
            ``(vi) submit such final determinations, priorities, and 
        schedules to the Director, in the report established under 
        section 202(g).
        ``(B) Each agency shall update determinations, priorities, and 
    schedules of the agency, as needed, after consulting with the 
    Committee and soliciting public comment, if appropriate.
        ``(3) Public domain directory of public federal government 
    websites.--
            ``(A) Establishment.--Not later than 2 years after the 
        effective date of this title [see Effective Date note set out 
        under section 3601 of this title], the Director and each agency 
        shall--
                ``(i) develop and establish a public domain directory of 
            public Federal Government websites; and
                ``(ii) post the directory on the Internet with a link to 
            the integrated Internet-based system established under 
            section 204.
            ``(B) Development.--With the assistance of each agency, the 
        Director shall--
                ``(i) direct the development of the directory through a 
            collaborative effort, including input from--
          ``(I) agency librarians;
          ``(II) information technology managers;
          ``(III) program managers;
          ``(IV) records managers;
          ``(V) Federal depository librarians; and
          ``(VI) other interested parties; and
                ``(ii) develop a public domain taxonomy of subjects used 
            to review and categorize public Federal Government websites.
            ``(C) Update.--With the assistance of each agency, the 
        Administrator of the Office of Electronic Government shall--
                ``(i) update the directory as necessary, but not less 
            than every 6 months; and
                ``(ii) solicit interested persons for improvements to 
            the directory.
    ``(g) Access to Federally Funded Research and Development.--
        ``(1) Development and maintenance of governmentwide repository 
    and website.--
            ``(A) Repository and website.--The Director of the Office of 
        Management and Budget (or the Director's delegate), in 
        consultation with the Director of the Office of Science and 
        Technology Policy and other relevant agencies, shall ensure the 
        development and maintenance of--
                ``(i) a repository that fully integrates, to the maximum 
            extent feasible, information about research and development 
            funded by the Federal Government, and the repository shall--
          ``(I) include information about research and development 
                funded by the Federal Government, consistent with any 
                relevant protections for the information under section 
                552 of title 5, United States Code, and performed by--
                        ``(aa) institutions not a part of the Federal 
                    Government, including State, local, and foreign 
                    governments; industrial firms; educational 
                    institutions; not-for-profit organizations; 
                    federally funded research and development centers; 
                    and private individuals; and
                        ``(bb) entities of the Federal Government, 
                    including research and development laboratories, 
                    centers, and offices; and
          ``(II) integrate information about each separate research and 
                development task or award, including--
                        ``(aa) the dates upon which the task or award is 
                    expected to start and end;
                        ``(bb) a brief summary describing the objective 
                    and the scientific and technical focus of the task 
                    or award;
                        ``(cc) the entity or institution performing the 
                    task or award and its contact information;
                        ``(dd) the total amount of Federal funds 
                    expected to be provided to the task or award over 
                    its lifetime and the amount of funds expected to be 
                    provided in each fiscal year in which the work of 
                    the task or award is ongoing;
                        ``(ee) any restrictions attached to the task or 
                    award that would prevent the sharing with the 
                    general public of any or all of the information 
                    required by this subsection, and the reasons for 
                    such restrictions; and
                        ``(ff) such other information as may be 
                    determined to be appropriate; and
                ``(ii) 1 or more websites upon which all or part of the 
            repository of Federal research and development shall be made 
            available to and searchable by Federal agencies and non-
            Federal entities, including the general public, to 
            facilitate--
          ``(I) the coordination of Federal research and development 
                activities;
          ``(II) collaboration among those conducting Federal research 
                and development;
          ``(III) the transfer of technology among Federal agencies and 
                between Federal agencies and non-Federal entities; and
          ``(IV) access by policymakers and the public to information 
                concerning Federal research and development activities.
            ``(B) Oversight.--The Director of the Office of Management 
        and Budget shall issue any guidance determined necessary to 
        ensure that agencies provide all information requested under 
        this subsection.
        ``(2) Agency functions.--Any agency that funds Federal research 
    and development under this subsection shall provide the information 
    required to populate the repository in the manner prescribed by the 
    Director of the Office of Management and Budget.
        ``(3) Committee functions.--Not later than 18 months after the 
    date of enactment of this Act [Dec. 17, 2002], working with the 
    Director of the Office of Science and Technology Policy, and after 
    consultation with interested parties, the Committee shall submit 
    recommendations to the Director on--
            ``(A) policies to improve agency reporting of information 
        for the repository established under this subsection; and
            ``(B) policies to improve dissemination of the results of 
        research performed by Federal agencies and federally funded 
        research and development centers.
        ``(4) Functions of the director.--After submission of 
    recommendations by the Committee under paragraph (3), the Director 
    shall report on the recommendations of the Committee and Director to 
    Congress, in the E-Government report under section 3606 of title 44 
    (as added by this Act).
        ``(5) Authorization of appropriations.--There are authorized to 
    be appropriated for the development, maintenance, and operation of 
    the Governmentwide repository and website under this subsection--
            ``(A) $2,000,000 in each of the fiscal years 2003 through 
        2005; and
            ``(B) such sums as are necessary in each of the fiscal years 
        2006 and 2007.
``SEC. 208. PRIVACY PROVISIONS.
    ``(a) Purpose.--The purpose of this section is to ensure sufficient 
protections for the privacy of personal information as agencies 
implement citizen-centered electronic Government.
    ``(b) Privacy Impact Assessments.--
        ``(1) Responsibilities of agencies.--
            ``(A) In general.--An agency shall take actions described 
        under subparagraph (B) before--
                ``(i) developing or procuring information technology 
            that collects, maintains, or disseminates information that 
            is in an identifiable form; or
                ``(ii) initiating a new collection of information that--
          ``(I) will be collected, maintained, or disseminated using 
                information technology; and
          ``(II) includes any information in an identifiable form 
                permitting the physical or online contacting of a 
                specific individual, if identical questions have been 
                posed to, or identical reporting requirements imposed 
                on, 10 or more persons, other than agencies, 
                instrumentalities, or employees of the Federal 
                Government.
            ``(B) Agency activities.--To the extent required under 
        subparagraph (A), each agency shall--
                ``(i) conduct a privacy impact assessment;
                ``(ii) ensure the review of the privacy impact 
            assessment by the Chief Information Officer, or equivalent 
            official, as determined by the head of the agency; and
                ``(iii) if practicable, after completion of the review 
            under clause (ii), make the privacy impact assessment 
            publicly available through the website of the agency, 
            publication in the Federal Register, or other means.
            ``(C) Sensitive information.--Subparagraph (B)(iii) may be 
        modified or waived for security reasons, or to protect 
        classified, sensitive, or private information contained in an 
        assessment.
            ``(D) Copy to director.--Agencies shall provide the Director 
        with a copy of the privacy impact assessment for each system for 
        which funding is requested.
        ``(2) Contents of a privacy impact assessment.--
            ``(A) In general.--The Director shall issue guidance to 
        agencies specifying the required contents of a privacy impact 
        assessment.
            ``(B) Guidance.--The guidance shall--
                ``(i) ensure that a privacy impact assessment is 
            commensurate with the size of the information system being 
            assessed, the sensitivity of information that is in an 
            identifiable form in that system, and the risk of harm from 
            unauthorized release of that information; and
                ``(ii) require that a privacy impact assessment 
            address--
          ``(I) what information is to be collected;
          ``(II) why the information is being collected;
          ``(III) the intended use of the agency of the information;
          ``(IV) with whom the information will be shared;
          ``(V) what notice or opportunities for consent would be 
                provided to individuals regarding what information is 
                collected and how that information is shared;
          ``(VI) how the information will be secured; and
          ``(VII) whether a system of records is being created under 
                section 552a of title 5, United States Code, (commonly 
                referred to as the `Privacy Act').
        ``(3) Responsibilities of the director.--The Director shall--
            ``(A) develop policies and guidelines for agencies on the 
        conduct of privacy impact assessments;
            ``(B) oversee the implementation of the privacy impact 
        assessment process throughout the Government; and
            ``(C) require agencies to conduct privacy impact assessments 
        of existing information systems or ongoing collections of 
        information that is in an identifiable form as the Director 
        determines appropriate.
    ``(c) Privacy Protections on Agency Websites.--
        ``(1) Privacy policies on websites.--
            ``(A) Guidelines for notices.--The Director shall develop 
        guidance for privacy notices on agency websites used by the 
        public.
            ``(B) Contents.--The guidance shall require that a privacy 
        notice address, consistent with section 552a of title 5, United 
        States Code--
                ``(i) what information is to be collected;
                ``(ii) why the information is being collected;
                ``(iii) the intended use of the agency of the 
            information;
                ``(iv) with whom the information will be shared;
                ``(v) what notice or opportunities for consent would be 
            provided to individuals regarding what information is 
            collected and how that information is shared;
                ``(vi) how the information will be secured; and
                ``(vii) the rights of the individual under section 552a 
            of title 5, United States Code (commonly referred to as the 
            `Privacy Act'), and other laws relevant to the protection of 
            the privacy of an individual.
        ``(2) Privacy policies in machine-readable formats.--The 
    Director shall issue guidance requiring agencies to translate 
    privacy policies into a standardized machine-readable format.
    ``(d) Definition.--In this section, the term `identifiable form' 
means any representation of information that permits the identity of an 
individual to whom the information applies to be reasonably inferred by 
either direct or indirect means.
``SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE DEVELOPMENT.
    ``(a) Purpose.--The purpose of this section is to improve the skills 
of the Federal workforce in using information technology to deliver 
Government information and services.
    ``(b) Workforce Development.--
        ``(1) In general.--In consultation with the Director of the 
    Office of Management and Budget, the Chief Information Officers 
    Council, and the Administrator of General Services, the Director of 
    the Office of Personnel Management shall--
            ``(A) analyze, on an ongoing basis, the personnel needs of 
        the Federal Government related to information technology and 
        information resource management;
            ``(B) identify where current information technology and 
        information resource management training do not satisfy the 
        personnel needs described in subparagraph (A);
            ``(C) oversee the development of curricula, training 
        methods, and training priorities that correspond to the 
        projected personnel needs of the Federal Government related to 
        information technology and information resource management; and
            ``(D) assess the training of Federal employees in 
        information technology disciplines in order to ensure that the 
        information resource management needs of the Federal Government 
        are addressed.
        ``(2) Information technology training programs.--The head of 
    each Executive agency, after consultation with the Director of the 
    Office of Personnel Management, the Chief Information Officers 
    Council, and the Administrator of General Services, shall establish 
    and operate information technology training programs consistent with 
    the requirements of this subsection. Such programs shall--
            ``(A) have curricula covering a broad range of information 
        technology disciplines corresponding to the specific information 
        technology and information resource management needs of the 
        agency involved;
            ``(B) be developed and applied according to rigorous 
        standards; and
            ``(C) be designed to maximize efficiency, through the use of 
        self-paced courses, online courses, on-the-job training, and the 
        use of remote instructors, wherever such features can be applied 
        without reducing the effectiveness of the training or negatively 
        impacting academic standards.
        ``(3) Governmentwide policies and evaluation.--The Director of 
    the Office of Personnel Management, in coordination with the 
    Director of the Office of Management and Budget, shall issue 
    policies to promote the development of performance standards for 
    training and uniform implementation of this subsection by Executive 
    agencies, with due regard for differences in program requirements 
    among agencies that may be appropriate and warranted in view of the 
    agency mission. The Director of the Office of Personnel Management 
    shall evaluate the implementation of the provisions of this 
    subsection by Executive agencies.
        ``(4) Chief information officer authorities and 
    responsibilities.--Subject to the authority, direction, and control 
    of the head of an Executive agency, the chief information officer of 
    such agency shall carry out all powers, functions, and duties of the 
    head of the agency with respect to implementation of this 
    subsection. The chief information officer shall ensure that the 
    policies of the agency head established in accordance with this 
    subsection are implemented throughout the agency.
        ``(5) Information technology training reporting.--The Director 
    of the Office of Management and Budget shall ensure that the heads 
    of Executive agencies collect and maintain standardized information 
    on the information technology and information resources management 
    workforce related to the implementation of this subsection.
        ``(6) Authority to detail employees to non-Federal employers.--
    In carrying out the preceding provisions of this subsection, the 
    Director of the Office of Personnel Management may provide for a 
    program under which a Federal employee may be detailed to a non-
    Federal employer. The Director of the Office of Personnel Management 
    shall prescribe regulations for such program, including the 
    conditions for service and duties as the Director considers 
    necessary.
        ``(7) Coordination provision.--An assignment described in 
    section 3703 of title 5, United States Code, may not be made unless 
    a program under paragraph (6) is established, and the assignment is 
    made in accordance with the requirements of such program.
        ``(8) Employee participation.--Subject to information resource 
    management needs and the limitations imposed by resource needs in 
    other occupational areas, and consistent with their overall 
    workforce development strategies, agencies shall encourage employees 
    to participate in occupational information technology training.
        ``(9) Authorization of Appropriations.--There are authorized to 
    be appropriated to the Office of Personnel Management for the 
    implementation of this subsection, $15,000,000 in fiscal year 2003, 
    and such sums as are necessary for each fiscal year thereafter.
        ``(10) Executive agency defined.--For purposes of this 
    subsection, the term `Executive agency' has the meaning given the 
    term `agency' under section 3701 of title 5, United States Code (as 
    added by subsection (c)).
    ``(c) Information Technology Exchange Program.--
        ``(1) In general.--[Enacted chapter 37 of Title 5, Government 
    Organization and Employees.]
        ``(2) Report.--Not later than 4 years after the date of the 
    enactment of this Act [Dec. 17, 2002], the Government Accountability 
    Office shall prepare and submit to the Committee on Government 
    Reform [now Committee on Oversight and Government Reform] of the 
    House of Representatives and the Committee on Governmental Affairs 
    [now Committee on Homeland Security and Governmental Affairs] of the 
    Senate a report on the operation of chapter 37 of title 5, United 
    States Code (as added by this subsection). Such report shall 
    include--
            ``(A) an evaluation of the effectiveness of the program 
        established by such chapter; and
            ``(B) a recommendation as to whether such program should be 
        continued (with or without modification) or allowed to lapse.
        ``(3) Clerical Amendment.--[Amended analysis for part III of 
    Title 5.]
    ``(d) Ethics Provisions.--
        ``(1) One-year restriction on certain communications.--[Amended 
    section 207 of Title 18, Crimes and Criminal Procedure.]
        ``(2) Disclosure of confidential information.--[Amended section 
    1905 of Title 18.]
        ``(3) Contract advice.--[Amended section 207 of Title 18.]
        ``(4) Restriction on disclosure of procurement information.--
    [Amended section 423 of Title 41, Public Contracts.]
    ``(e) Report on Existing Exchange Programs.--
        ``(1) Exchange program defined.--For purposes of this 
    subsection, the term `exchange program' means an executive exchange 
    program, the program under subchapter VI of chapter 33 of title 5, 
    United States Code, and any other program which allows for--
            ``(A) the assignment of employees of the Federal Government 
        to non-Federal employers;
            ``(B) the assignment of employees of non-Federal employers 
        to the Federal Government; or
            ``(C) both.
        ``(2) Reporting requirement.--Not later than 1 year after the 
    date of the enactment of this Act [Dec. 17, 2002], the Office of 
    Personnel Management shall prepare and submit to the Committee on 
    Government Reform [now Committee on Oversight and Government Reform] 
    of the House of Representatives and the Committee on Governmental 
    Affairs [now Committee on Homeland Security and Governmental 
    Affairs] of the Senate a report identifying all existing exchange 
    programs.
        ``(3) Specific information.--The report shall, for each such 
    program, include--
            ``(A) a brief description of the program, including its 
        size, eligibility requirements, and terms or conditions for 
        participation;
            ``(B) specific citation to the law or other authority under 
        which the program is established;
            ``(C) the names of persons to contact for more information, 
        and how they may be reached; and
            ``(D) any other information which the Office considers 
        appropriate.
    ``(f) Report on the Establishment of a Governmentwide Information 
Technology Training Program.--
        ``(1) In general.--Not later January 1, 2003, the Office of 
    Personnel Management, in consultation with the Chief Information 
    Officers Council and the Administrator of General Services, shall 
    review and submit to the Committee on Government Reform [now 
    Committee on Oversight and Government Reform] of the House of 
    Representatives and the Committee on Governmental Affairs [now 
    Committee on Homeland Security and Governmental Affairs] of the 
    Senate a written report on the following:
            ``(A) The adequacy of any existing information technology 
        training programs available to Federal employees on a 
        Governmentwide basis.
            ``(B)(i) If one or more such programs already exist, 
        recommendations as to how they might be improved.
            ``(ii) If no such program yet exists, recommendations as to 
        how such a program might be designed and established.
            ``(C) With respect to any recommendations under subparagraph 
        (B), how the program under chapter 37 of title 5, United States 
        Code, might be used to help carry them out.
        ``(2) Cost estimate.--The report shall, for any recommended 
    program (or improvements) under paragraph (1)(B), include the 
    estimated costs associated with the implementation and operation of 
    such program as so established (or estimated difference in costs of 
    any such program as so improved).
    ``(g) Technical and Conforming Amendments.--
        ``(1) Amendments to title 5, united states code.--[Amended 
    sections 3111, 4108, and 7353 of Title 5.]
        ``(2) Amendment to title 18, united states code.--[Amended 
    section 209 of Title 18.]
        ``(3) Other amendments.--[Amended section 125(c)(1) of Pub. L. 
    100-238, set out as a note under section 8432 of Title 5.]
``SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
    ``(a) Defense Contracts.--[Enacted section 2332 of Title 10, Armed 
Forces.]
    ``(b) Other Contracts.--[Enacted section 266a of Title 41.]
    ``(c) Development of Incentives.--The Director of the Office of 
Management and Budget shall, in consultation with the Committee on 
Governmental Affairs [now Committee on Homeland Security and 
Governmental Affairs] of the Senate, the Committee on Government Reform 
[now Committee on Oversight and Government Reform] of the House of 
Representatives, and executive agencies, develop techniques to permit an 
executive agency to retain a portion of the savings (after payment of 
the contractor's share of the savings) derived from share-in-savings 
contracts as funds are appropriated to the agency in future fiscal 
years.
    ``(d) Regulations.--Not later than 270 days after the date of the 
enactment of this Act [Dec. 17, 2002], the Federal Acquisition 
Regulation shall be revised to implement the provisions enacted by this 
section. Such revisions shall--
        ``(1) provide for the use of competitive procedures in the 
    selection and award of share-in-savings contracts to--
            ``(A) ensure the contractor's share of savings reflects the 
        risk involved and market conditions; and
            ``(B) otherwise yield greatest value to the government; and
        ``(2) allow appropriate regulatory flexibility to facilitate the 
    use of share-in-savings contracts by executive agencies, including 
    the use of innovative provisions for technology refreshment and 
    nonstandard Federal Acquisition Regulation contract clauses.
    ``(e) Additional Guidance.--The Administrator of General Services 
shall--
        ``(1) identify potential opportunities for the use of share-in-
    savings contracts; and
        ``(2) in consultation with the Director of the Office of 
    Management and Budget, provide guidance to executive agencies for 
    determining mutually beneficial savings share ratios and baselines 
    from which savings may be measured.
    ``(f) OMB Report to Congress.--In consultation with executive 
agencies, the Director of the Office of Management and Budget shall, not 
later than 2 years after the date of the enactment of this Act [Dec. 17, 
2002], submit to Congress a report containing--
        ``(1) a description of the number of share-in-savings contracts 
    entered into by each executive agency under by [sic] this section 
    and the amendments made by this section, and, for each contract 
    identified--
            ``(A) the information technology acquired;
            ``(B) the total amount of payments made to the contractor; 
        and
            ``(C) the total amount of savings or other measurable 
        benefits realized;
        ``(2) a description of the ability of agencies to determine the 
    baseline costs of a project against which savings can be measured; 
    and
        ``(3) any recommendations, as the Director deems appropriate, 
    regarding additional changes in law that may be necessary to ensure 
    effective use of share-in-savings contracts by executive agencies.
    ``(g) GAO Report to Congress.--The Comptroller General shall, not 
later than 6 months after the report required under subsection (f) is 
submitted to Congress, conduct a review of that report and submit to 
Congress a report containing--
        ``(1) the results of the review;
        ``(2) an independent assessment by the Comptroller General of 
    the effectiveness of the use of share-in-savings contracts in 
    improving the mission-related and administrative processes of the 
    executive agencies and the achievement of agency missions; and
        ``(3) a recommendation on whether the authority to enter into 
    share-in-savings contracts should be continued.
    ``(h) Repeal of Share-in-Savings Pilot Program.--
        ``(1) Repeal.--[Repealed section 11521 of Title 40, Public 
    Buildings, Property, and Works.]
        ``(2) Conforming amendments to pilot program authority.--
    [Amended sections 11501 to 11505 of Title 40.]
        ``(3) Additional conforming amendments.--[Redesignated 11522 of 
    Title 40 as 11521 and amended headings and analysis.]
    ``(i) Definitions.--In this section, the terms `contractor', 
`savings', and `share-in-savings contract' have the meanings given those 
terms in section 317 of the Federal Property and Administrative Services 
Act of 1949 [41 U.S.C. 266a] (as added by subsection (b)).
``SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY 
        STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES.
    ``(a) Authority To Use Certain Supply Schedules.--[Amended section 
502 of Title 40.]
    ``(b) Procedures.--Not later than 30 days after the date of the 
enactment of this Act [Dec. 17, 2002], the Administrator of General 
Services shall establish procedures to implement section 501(c) of title 
40, United States Code (as added by subsection (a)).
    ``(c) Report.--Not later than December 31, 2004, the Administrator 
shall submit to the Committee on Government Reform [now Committee on 
Oversight and Government Reform] of the House of Representatives and the 
Committee on Governmental Affairs [now Committee on Homeland Security 
and Governmental Affairs] of the Senate a report on the implementation 
and effects of the amendment made by subsection (a).
``SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
    ``(a) Purposes.--The purposes of this section are to--
        ``(1) enhance the interoperability of Federal information 
    systems;
        ``(2) assist the public, including the regulated community, in 
    electronically submitting information to agencies under Federal 
    requirements, by reducing the burden of duplicate collection and 
    ensuring the accuracy of submitted information; and
        ``(3) enable any person to integrate and obtain similar 
    information held by 1 or more agencies under 1 or more Federal 
    requirements without violating the privacy rights of an individual.
    ``(b) Definitions.--In this section, the term--
        ``(1) `agency' means an Executive agency as defined under 
    section 105 of title 5, United States Code; and
        ``(2) `person' means any individual, trust, firm, joint stock 
    company, corporation (including a government corporation), 
    partnership, association, State, municipality, commission, political 
    subdivision of a State, interstate body, or agency or component of 
    the Federal Government.
    ``(c) Report.--
        ``(1) In general.--Not later than 3 years after the date of 
    enactment of this Act [Dec. 17, 2002], the Director shall oversee a 
    study, in consultation with agencies, the regulated community, 
    public interest organizations, and the public, and submit a report 
    to the Committee on Governmental Affairs [now Committee on Homeland 
    Security and Governmental Affairs] of the Senate and the Committee 
    on Government Reform [now Committee on Oversight and Government 
    Reform] of the House of Representatives on progress toward 
    integrating Federal information systems across agencies.
        ``(2) Contents.--The report under this section shall--
            ``(A) address the integration of data elements used in the 
        electronic collection of information within databases 
        established under Federal statute without reducing the quality, 
        accessibility, scope, or utility of the information contained in 
        each database;
            ``(B) address the feasibility of developing, or enabling the 
        development of, software, including Internet-based tools, for 
        use by reporting persons in assembling, documenting, and 
        validating the accuracy of information electronically submitted 
        to agencies under nonvoluntary, statutory, and regulatory 
        requirements;
            ``(C) address the feasibility of developing a distributed 
        information system involving, on a voluntary basis, at least 2 
        agencies, that--
                ``(i) provides consistent, dependable, and timely public 
            access to the information holdings of 1 or more agencies, or 
            some portion of such holdings, without requiring public 
            users to know which agency holds the information; and
                ``(ii) allows the integration of public information held 
            by the participating agencies;
            ``(D) address the feasibility of incorporating other 
        elements related to the purposes of this section at the 
        discretion of the Director; and
            ``(E) make any recommendations that the Director deems 
        appropriate on the use of integrated reporting and information 
        systems, to reduce the burden on reporting and strengthen public 
        access to databases within and across agencies.
    ``(d) Pilot Projects To Encourage Integrated Collection and 
Management of Data and Interoperability of Federal Information 
Systems.--
        ``(1) In general.--In order to provide input to the study under 
    subsection (c), the Director shall designate, in consultation with 
    agencies, a series of no more than 5 pilot projects that integrate 
    data elements. The Director shall consult with agencies, the 
    regulated community, public interest organizations, and the public 
    on the implementation of the pilot projects.
        ``(2) Goals of pilot projects.--
            ``(A) In general.--Each goal described under subparagraph 
        (B) shall be addressed by at least 1 pilot project each.
            ``(B) Goals.--The goals under this paragraph are to--
                ``(i) reduce information collection burdens by 
            eliminating duplicative data elements within 2 or more 
            reporting requirements;
                ``(ii) create interoperability between or among public 
            databases managed by 2 or more agencies using technologies 
            and techniques that facilitate public access; and
                ``(iii) develop, or enable the development of, software 
            to reduce errors in electronically submitted information.
        ``(3) Input.--Each pilot project shall seek input from users on 
    the utility of the pilot project and areas for improvement. To the 
    extent practicable, the Director shall consult with relevant 
    agencies and State, tribal, and local governments in carrying out 
    the report and pilot projects under this section.
    ``(e) Protections.--The activities authorized under this section 
shall afford protections for--
        ``(1) confidential business information consistent with section 
    552(b)(4) of title 5, United States Code, and other relevant law;
        ``(2) personal privacy information under sections 552(b)(6) and 
    (7)(C) and 552a of title 5, United States Code, and other relevant 
    law;
        ``(3) other information consistent with section 552(b)(3) of 
    title 5, United States Code, and other relevant law; and
        ``(4) confidential statistical information collected under a 
    confidentiality pledge, solely for statistical purposes, consistent 
    with the Office of Management and Budget's Federal Statistical 
    Confidentiality Order, and other relevant law.
``SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
    ``(a) Purposes.--The purposes of this section are to--
        ``(1) study and enhance the effectiveness of community 
    technology centers, public libraries, and other institutions that 
    provide computer and Internet access to the public; and
        ``(2) promote awareness of the availability of on-line 
    government information and services, to users of community 
    technology centers, public libraries, and other public facilities 
    that provide access to computer technology and Internet access to 
    the public.
    ``(b) Study and Report.--Not later than 2 years after the effective 
date of this title [see Effective Date note set out under section 3601 
of this title], the Administrator shall--
        ``(1) ensure that a study is conducted to evaluate the best 
    practices of community technology centers that have received Federal 
    funds; and
        ``(2) submit a report on the study to--
            ``(A) the Committee on Governmental Affairs [now Committee 
        on Homeland Security and Governmental Affairs] of the Senate;
            ``(B) the Committee on Health, Education, Labor, and 
        Pensions of the Senate;
            ``(C) the Committee on Government Reform [now Committee on 
        Oversight and Government Reform] of the House of 
        Representatives; and
            ``(D) the Committee on Education and the Workforce [now 
        Committee on Education and Labor] of the House of 
        Representatives.
    ``(c) Contents.--The report under subsection (b) may consider--
        ``(1) an evaluation of the best practices being used by 
    successful community technology centers;
        ``(2) a strategy for--
            ``(A) continuing the evaluation of best practices used by 
        community technology centers; and
            ``(B) establishing a network to share information and 
        resources as community technology centers evolve;
        ``(3) the identification of methods to expand the use of best 
    practices to assist community technology centers, public libraries, 
    and other institutions that provide computer and Internet access to 
    the public;
        ``(4) a database of all community technology centers that have 
    received Federal funds, including--
            ``(A) each center's name, location, services provided, 
        director, other points of contact, number of individuals served; 
        and
            ``(B) other relevant information;
        ``(5) an analysis of whether community technology centers have 
    been deployed effectively in urban and rural areas throughout the 
    Nation; and
        ``(6) recommendations of how to--
            ``(A) enhance the development of community technology 
        centers; and
            ``(B) establish a network to share information and 
        resources.
    ``(d) Cooperation.--All agencies that fund community technology 
centers shall provide to the Administrator any information and 
assistance necessary for the completion of the study and the report 
under this section.
    ``(e) Assistance.--
        ``(1) In general.--The Administrator, in consultation with the 
    Secretary of Education, shall work with other relevant Federal 
    agencies, and other interested persons in the private and nonprofit 
    sectors to--
            ``(A) assist in the implementation of recommendations; and
            ``(B) identify other ways to assist community technology 
        centers, public libraries, and other institutions that provide 
        computer and Internet access to the public.
        ``(2) Types of assistance.--Assistance under this subsection may 
    include--
            ``(A) contribution of funds;
            ``(B) donations of equipment, and training in the use and 
        maintenance of the equipment; and
            ``(C) the provision of basic instruction or training 
        material in computer skills and Internet usage.
    ``(f) Online Tutorial.--
        ``(1) In general.--The Administrator, in consultation with the 
    Secretary of Education, the Director of the Institute of Museum and 
    Library Services, other relevant agencies, and the public, shall 
    develop an online tutorial that--
            ``(A) explains how to access Government information and 
        services on the Internet; and
            ``(B) provides a guide to available online resources.
        ``(2) Distribution.--The Administrator, with assistance from the 
    Secretary of Education, shall distribute information on the tutorial 
    to community technology centers, public libraries, and other 
    institutions that afford Internet access to the public.
    ``(g) Promotion of Community Technology Centers.--The Administrator, 
with assistance from the Department of Education and in consultation 
with other agencies and organizations, shall promote the availability of 
community technology centers to raise awareness within each community 
where such a center is located.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for the study of best practices at community technology 
centers, for the development and dissemination of the online tutorial, 
and for the promotion of community technology centers under this 
section--
        ``(1) $2,000,000 in fiscal year 2003;
        ``(2) $2,000,000 in fiscal year 2004; and
        ``(3) such sums as are necessary in fiscal years 2005 through 
    2007.
``SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED INFORMATION 
        TECHNOLOGY.
    ``(a) Purpose.--The purpose of this section is to improve how 
information technology is used in coordinating and facilitating 
information on disaster preparedness, response, and recovery, while 
ensuring the availability of such information across multiple access 
channels.
    ``(b) In General.--
        ``(1) Study on enhancement of crisis response.--Not later than 
    90 days after the date of enactment of this Act [Dec. 17, 2002], the 
    Administrator, in consultation with the Federal Emergency Management 
    Agency, shall ensure that a study is conducted on using information 
    technology to enhance crisis preparedness, response, and consequence 
    management of natural and manmade disasters.
        ``(2) Contents.--The study under this subsection shall address--
            ``(A) a research and implementation strategy for effective 
        use of information technology in crisis response and consequence 
        management, including the more effective use of technologies, 
        management of information technology research initiatives, and 
        incorporation of research advances into the information and 
        communications systems of--
                ``(i) the Federal Emergency Management Agency; and
                ``(ii) other Federal, State, and local agencies 
            responsible for crisis preparedness, response, and 
            consequence management; and
            ``(B) opportunities for research and development on enhanced 
        technologies into areas of potential improvement as determined 
        during the course of the study.
        ``(3) Report.--Not later than 2 years after the date on which a 
    contract is entered into under paragraph (1), the Administrator 
    shall submit a report on the study, including findings and 
    recommendations to--
            ``(A) the Committee on Governmental Affairs [now Committee 
        on Homeland Security and Governmental Affairs] of the Senate; 
        and
            ``(B) the Committee on Government Reform [now Committee on 
        Oversight and Government Reform] of the House of 
        Representatives.
        ``(4) Interagency cooperation.--Other Federal departments and 
    agencies with responsibility for disaster relief and emergency 
    assistance shall fully cooperate with the Administrator in carrying 
    out this section.
        ``(5) Authorization of appropriations.--There are authorized to 
    be appropriated for research under this subsection, such sums as are 
    necessary for fiscal year 2003.
    ``(c) Pilot Projects.--Based on the results of the research 
conducted under subsection (b), the Administrator, in consultation with 
the Federal Emergency Management Agency, shall initiate pilot projects 
or report to Congress on other activities that further the goal of 
maximizing the utility of information technology in disaster management. 
The Administrator shall cooperate with other relevant agencies, and, if 
appropriate, State, local, and tribal governments, in initiating such 
pilot projects.
``SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.
    ``(a) Study and Report.--
        ``(1) Study.--Not later than 90 days after the date of enactment 
    of this Act [Dec. 17, 2002], the Administrator of General Services 
    shall request that the National Academy of Sciences, acting through 
    the National Research Council, enter into a contract to conduct a 
    study on disparities in Internet access for online Government 
    services.
        ``(2) Report.--Not later than 2 years after the date of 
    enactment of this Act, the Administrator of General Services shall 
    submit to the Committee on Governmental Affairs [now Committee on 
    Homeland Security and Governmental Affairs] of the Senate and the 
    Committee on Government Reform [now Committee on Oversight and 
    Government Reform] of the House of Representatives a final report of 
    the study under this section, which shall set forth the findings, 
    conclusions, and recommendations of the National Research Council.
    ``(b) Contents.--The report under subsection (a) shall include a 
study of--
        ``(1) how disparities in Internet access influence the 
    effectiveness of online Government services, including a review of--
            ``(A) the nature of disparities in Internet access;
            ``(B) the affordability of Internet service;
            ``(C) the incidence of disparities among different groups 
        within the population; and
            ``(D) changes in the nature of personal and public Internet 
        access that may alleviate or aggravate effective access to 
        online Government services;
        ``(2) how the increase in online Government services is 
    influencing the disparities in Internet access and how technology 
    development or diffusion trends may offset such adverse influences; 
    and
        ``(3) related societal effects arising from the interplay of 
    disparities in Internet access and the increase in online Government 
    services.
    ``(c) Recommendations.--The report shall include recommendations on 
actions to ensure that online Government initiatives shall not have the 
unintended result of increasing any deficiency in public access to 
Government services.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $950,000 in fiscal year 2003 to carry out this section.
``SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS.
    ``(a) Purposes.--The purposes of this section are to--
        ``(1) reduce redundant data collection and information; and
        ``(2) promote collaboration and use of standards for government 
    geographic information.
    ``(b) Definition.--In this section, the term `geographic 
information' means information systems that involve locational data, 
such as maps or other geospatial information resources.
    ``(c) In General.--
        ``(1) Common protocols.--The Administrator, in consultation with 
    the Secretary of the Interior, working with the Director and through 
    an interagency group, and working with private sector experts, 
    State, local, and tribal governments, commercial and international 
    standards groups, and other interested parties, shall facilitate the 
    development of common protocols for the development, acquisition, 
    maintenance, distribution, and application of geographic 
    information. If practicable, the Administrator shall incorporate 
    intergovernmental and public private geographic information 
    partnerships into efforts under this subsection.
        ``(2) Interagency group.--The interagency group referred to 
    under paragraph (1) shall include representatives of the National 
    Institute of Standards and Technology and other agencies.
    ``(d) Director.--The Director shall oversee--
        ``(1) the interagency initiative to develop common protocols;
        ``(2) the coordination with State, local, and tribal 
    governments, public private partnerships, and other interested 
    persons on effective and efficient ways to align geographic 
    information and develop common protocols; and
        ``(3) the adoption of common standards relating to the 
    protocols.
    ``(e) Common Protocols.--The common protocols shall be designed to--
        ``(1) maximize the degree to which unclassified geographic 
    information from various sources can be made electronically 
    compatible and accessible; and
        ``(2) promote the development of interoperable geographic 
    information systems technologies that shall--
            ``(A) allow widespread, low-cost use and sharing of 
        geographic data by Federal agencies, State, local, and tribal 
        governments, and the public; and
            ``(B) enable the enhancement of services using geographic 
        data.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section, for 
each of the fiscal years 2003 through 2007.''


        Information Security Responsibilities of Certain Agencies

    Pub. L. 107-347, title III, Sec. 301(c)(1)(A), Dec. 17, 2002, 116 
Stat. 2955, provided that: ``Nothing in this Act [see Tables for 
classification] (including any amendment made by this Act) shall 
supersede any authority of the Secretary of Defense, the Director of 
Central Intelligence, or other agency head, as authorized by law and as 
directed by the President, with regard to the operation, control, or 
management of national security systems, as defined by section 
3542(b)(2) of title 44, United States Code.''
    [Reference to the Director of Central Intelligence or the Director 
of the Central Intelligence Agency in the Director's capacity as the 
head of the intelligence community deemed to be a reference to the 
Director of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of Title 50, War and National Defense.]


                        Atomic Energy Act of 1954

    Pub. L. 107-347, title III, Sec. 301(c)(2), Dec. 17, 2002, 116 Stat. 
2955, provided that: ``Nothing in this Act [see Tables for 
classification] shall supersede any requirement made by or under the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or 
formerly restricted data shall be handled, protected, classified, 
downgraded, and declassified in conformity with the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.).''


     Confidential Information Protection and Statistical Efficiency

    Pub. L. 107-347, title V, Dec. 17, 2002, 116 Stat. 2962, provided 
that:
``SEC. 501. SHORT TITLE.
    ``This title may be cited as the `Confidential Information 
Protection and Statistical Efficiency Act of 2002'.
``SEC. 502. DEFINITIONS.
    ``As used in this title:
        ``(1) The term `agency' means any entity that falls within the 
    definition of the term `executive agency' as defined in section 102 
    of title 31, United States Code, or `agency', as defined in section 
    3502 of title 44, United States Code.
        ``(2) The term `agent' means an individual--
            ``(A)(i) who is an employee of a private organization or a 
        researcher affiliated with an institution of higher learning 
        (including a person granted special sworn status by the Bureau 
        of the Census under section 23(c) of title 13, United States 
        Code), and with whom a contract or other agreement is executed, 
        on a temporary basis, by an executive agency to perform 
        exclusively statistical activities under the control and 
        supervision of an officer or employee of that agency;
            ``(ii) who is working under the authority of a government 
        entity with which a contract or other agreement is executed by 
        an executive agency to perform exclusively statistical 
        activities under the control of an officer or employee of that 
        agency;
            ``(iii) who is a self-employed researcher, a consultant, a 
        contractor, or an employee of a contractor, and with whom a 
        contract or other agreement is executed by an executive agency 
        to perform a statistical activity under the control of an 
        officer or employee of that agency; or
            ``(iv) who is a contractor or an employee of a contractor, 
        and who is engaged by the agency to design or maintain the 
        systems for handling or storage of data received under this 
        title; and
            ``(B) who agrees in writing to comply with all provisions of 
        law that affect information acquired by that agency.
        ``(3) The term `business data' means operating and financial 
    data and information about businesses, tax-exempt organizations, and 
    government entities.
        ``(4) The term `identifiable form' means any representation of 
    information that permits the identity of the respondent to whom the 
    information applies to be reasonably inferred by either direct or 
    indirect means.
        ``(5) The term `nonstatistical purpose'--
            ``(A) means the use of data in identifiable form for any 
        purpose that is not a statistical purpose, including any 
        administrative, regulatory, law enforcement, adjudicatory, or 
        other purpose that affects the rights, privileges, or benefits 
        of a particular identifiable respondent; and
            ``(B) includes the disclosure under section 552 of title 5, 
        United States Code (popularly known as the Freedom of 
        Information Act) of data that are acquired for exclusively 
        statistical purposes under a pledge of confidentiality.
        ``(6) The term `respondent' means a person who, or organization 
    that, is requested or required to supply information to an agency, 
    is the subject of information requested or required to be supplied 
    to an agency, or provides that information to an agency.
        ``(7) The term `statistical activities'--
            ``(A) means the collection, compilation, processing, or 
        analysis of data for the purpose of describing or making 
        estimates concerning the whole, or relevant groups or components 
        within, the economy, society, or the natural environment; and
            ``(B) includes the development of methods or resources that 
        support those activities, such as measurement methods, models, 
        statistical classifications, or sampling frames.
        ``(8) The term `statistical agency or unit' means an agency or 
    organizational unit of the executive branch whose activities are 
    predominantly the collection, compilation, processing, or analysis 
    of information for statistical purposes.
        ``(9) The term `statistical purpose'--
            ``(A) means the description, estimation, or analysis of the 
        characteristics of groups, without identifying the individuals 
        or organizations that comprise such groups; and
            ``(B) includes the development, implementation, or 
        maintenance of methods, technical or administrative procedures, 
        or information resources that support the purposes described in 
        subparagraph (A).
``SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
    ``(a) In General.--The Director of the Office of Management and 
Budget shall coordinate and oversee the confidentiality and disclosure 
policies established by this title. The Director may promulgate rules or 
provide other guidance to ensure consistent interpretation of this title 
by the affected agencies.
    ``(b) Agency Rules.--Subject to subsection (c), agencies may 
promulgate rules to implement this title. Rules governing disclosures of 
information that are authorized by this title shall be promulgated by 
the agency that originally collected the information.
    ``(c) Review and Approval of Rules.--The Director shall review any 
rules proposed by an agency pursuant to this title for consistency with 
the provisions of this title and chapter 35 of title 44, United States 
Code, and such rules shall be subject to the approval of the Director.
    ``(d) Reports.--
        ``(1) The head of each agency shall provide to the Director of 
    the Office of Management and Budget such reports and other 
    information as the Director requests.
        ``(2) Each Designated Statistical Agency referred to in section 
    522 shall report annually to the Director of the Office of 
    Management and Budget, the Committee on Government Reform [now 
    Committee on Oversight and Government Reform] of the House of 
    Representatives, and the Committee on Governmental Affairs [now 
    Committee on Homeland Security and Governmental Affairs] of the 
    Senate on the actions it has taken to implement sections 523 and 
    524. The report shall include copies of each written agreement 
    entered into pursuant to section 524(a) for the applicable year.
        ``(3) The Director of the Office of Management and Budget shall 
    include a summary of reports submitted to the Director under 
    paragraph (2) and actions taken by the Director to advance the 
    purposes of this title in the annual report to the Congress on 
    statistical programs prepared under section 3504(e)(2) of title 44, 
    United States Code.
``SEC. 504. EFFECT ON OTHER LAWS.
    ``(a) Title 44, United States Code.--This title, including 
amendments made by this title, does not diminish the authority under 
section 3510 of title 44, United States Code, of the Director of the 
Office of Management and Budget to direct, and of an agency to make, 
disclosures that are not inconsistent with any applicable law.
    ``(b) Title 13 and Title 44, United States Code.--This title, 
including amendments made by this title, does not diminish the authority 
of the Bureau of the Census to provide information in accordance with 
sections 8, 16, 301, and 401 of title 13, United States Code, and 
section 2108 of title 44, United States Code.
    ``(c) Title 13, United States Code.--This title, including 
amendments made by this title, shall not be construed as authorizing the 
disclosure for nonstatistical purposes of demographic data or 
information collected by the Census Bureau pursuant to section 9 of 
title 13, United States Code.
    ``(d) Various Energy Statutes.--Data or information acquired by the 
Energy Information Administration under a pledge of confidentiality and 
designated by the Energy Information Administration to be used for 
exclusively statistical purposes shall not be disclosed in identifiable 
form for nonstatistical purposes under--
        ``(1) section 12, 20, or 59 of the Federal Energy Administration 
    Act of 1974 (15 U.S.C. 771, 779, 790h);
        ``(2) section 11 of the Energy Supply and Environmental 
    Coordination Act of 1974 (15 U.S.C. 796); or
        ``(3) section 205 or 407 of the Department of the Energy 
    Organization Act of 1977 (42 U.S.C. 7135, 7177).
    ``(e) Section 201 of Congressional Budget Act of 1974 [2 U.S.C. 
601].--This title, including amendments made by this title, shall not be 
construed to limit any authorities of the Congressional Budget Office to 
work (consistent with laws governing the confidentiality of information 
the disclosure of which would be a violation of law) with databases of 
Designated Statistical Agencies (as defined in section 522), either 
separately or, for data that may be shared pursuant to section 524 of 
this title or other authority, jointly in order to improve the general 
utility of these databases for the statistical purpose of analyzing 
pension and health care financing issues.
    ``(f) Preemption of State Law.--Nothing in this title shall preempt 
applicable State law regarding the confidentiality of data collected by 
the States.
    ``(g) Statutes Regarding False Statements.--Notwithstanding section 
512, information collected by an agency for exclusively statistical 
purposes under a pledge of confidentiality may be provided by the 
collecting agency to a law enforcement agency for the prosecution of 
submissions to the collecting agency of false statistical information 
under statutes that authorize criminal penalties (such as section 221 of 
title 13, United States Code) or civil penalties for the provision of 
false statistical information, unless such disclosure or use would 
otherwise be prohibited under Federal law.
    ``(h) Construction.--Nothing in this title shall be construed as 
restricting or diminishing any confidentiality protections or penalties 
for unauthorized disclosure that otherwise apply to data or information 
collected for statistical purposes or nonstatistical purposes, 
including, but not limited to, section 6103 of the Internal Revenue Code 
of 1986 (26 U.S.C. 6103).
    ``(i) Authority of Congress.--Nothing in this title shall be 
construed to affect the authority of the Congress, including its 
committees, members, or agents, to obtain data or information for a 
statistical purpose, including for oversight of an agency's statistical 
activities.


            ``Subtitle A--Confidential Information Protection

``SEC. 511. FINDINGS AND PURPOSES.
    ``(a) Findings.--The Congress finds the following:
        ``(1) Individuals, businesses, and other organizations have 
    varying degrees of legal protection when providing information to 
    the agencies for strictly statistical purposes.
        ``(2) Pledges of confidentiality by agencies provide assurances 
    to the public that information about individuals or organizations or 
    provided by individuals or organizations for exclusively statistical 
    purposes will be held in confidence and will not be used against 
    such individuals or organizations in any agency action.
        ``(3) Protecting the confidentiality interests of individuals or 
    organizations who provide information under a pledge of 
    confidentiality for Federal statistical programs serves both the 
    interests of the public and the needs of society.
        ``(4) Declining trust of the public in the protection of 
    information provided under a pledge of confidentiality to the 
    agencies adversely affects both the accuracy and completeness of 
    statistical analyses.
        ``(5) Ensuring that information provided under a pledge of 
    confidentiality for statistical purposes receives protection is 
    essential in continuing public cooperation in statistical programs.
    ``(b) Purposes.--The purposes of this subtitle are the following:
        ``(1) To ensure that information supplied by individuals or 
    organizations to an agency for statistical purposes under a pledge 
    of confidentiality is used exclusively for statistical purposes.
        ``(2) To ensure that individuals or organizations who supply 
    information under a pledge of confidentiality to agencies for 
    statistical purposes will neither have that information disclosed in 
    identifiable form to anyone not authorized by this title nor have 
    that information used for any purpose other than a statistical 
    purpose.
        ``(3) To safeguard the confidentiality of individually 
    identifiable information acquired under a pledge of confidentiality 
    for statistical purposes by controlling access to, and uses made of, 
    such information.
``SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.
    ``(a) Use of Statistical Data or Information.--Data or information 
acquired by an agency under a pledge of confidentiality and for 
exclusively statistical purposes shall be used by officers, employees, 
or agents of the agency exclusively for statistical purposes.
    ``(b) Disclosure of Statistical Data or Information.--
        ``(1) Data or information acquired by an agency under a pledge 
    of confidentiality for exclusively statistical purposes shall not be 
    disclosed by an agency in identifiable form, for any use other than 
    an exclusively statistical purpose, except with the informed consent 
    of the respondent.
        ``(2) A disclosure pursuant to paragraph (1) is authorized only 
    when the head of the agency approves such disclosure and the 
    disclosure is not prohibited by any other law.
        ``(3) This section does not restrict or diminish any 
    confidentiality protections in law that otherwise apply to data or 
    information acquired by an agency under a pledge of confidentiality 
    for exclusively statistical purposes.
    ``(c) Rule for Use of Data or Information for Nonstatistical 
Purposes.--A statistical agency or unit shall clearly distinguish any 
data or information it collects for nonstatistical purposes (as 
authorized by law) and provide notice to the public, before the data or 
information is collected, that the data or information could be used for 
nonstatistical purposes.
    ``(d) Designation of Agents.--A statistical agency or unit may 
designate agents, by contract or by entering into a special agreement 
containing the provisions required under section 502(2) for treatment as 
an agent under that section, who may perform exclusively statistical 
activities, subject to the limitations and penalties described in this 
title.
``SEC. 513. FINES AND PENALTIES.
    ``Whoever, being an officer, employee, or agent of an agency 
acquiring information for exclusively statistical purposes, having taken 
and subscribed the oath of office, or having sworn to observe the 
limitations imposed by section 512, comes into possession of such 
information by reason of his or her being an officer, employee, or agent 
and, knowing that the disclosure of the specific information is 
prohibited under the provisions of this title, willfully discloses the 
information in any manner to a person or agency not entitled to receive 
it, shall be guilty of a class E felony and imprisoned for not more than 
5 years, or fined not more than $250,000, or both.


                  ``Subtitle B--Statistical Efficiency

``SEC. 521. FINDINGS AND PURPOSES.
    ``(a) Findings.--The Congress finds the following:
        ``(1) Federal statistics are an important source of information 
    for public and private decision-makers such as policymakers, 
    consumers, businesses, investors, and workers.
        ``(2) Federal statistical agencies should continuously seek to 
    improve their efficiency. Statutory constraints limit the ability of 
    these agencies to share data and thus to achieve higher efficiency 
    for Federal statistical programs.
        ``(3) The quality of Federal statistics depends on the 
    willingness of businesses to respond to statistical surveys. 
    Reducing reporting burdens will increase response rates, and 
    therefore lead to more accurate characterizations of the economy.
        ``(4) Enhanced sharing of business data among the Bureau of the 
    Census, the Bureau of Economic Analysis, and the Bureau of Labor 
    Statistics for exclusively statistical purposes will improve their 
    ability to track more accurately the large and rapidly changing 
    nature of United States business. In particular, the statistical 
    agencies will be able to better ensure that businesses are 
    consistently classified in appropriate industries, resolve data 
    anomalies, produce statistical samples that are consistently 
    adjusted for the entry and exit of new businesses in a timely 
    manner, and correct faulty reporting errors quickly and efficiently.
        ``(5) The Congress enacted the International Investment and 
    Trade in Services Act of 1990 [probably means the International 
    Investment and Trade in Services Survey Act, Pub. L. 94-472, as 
    amended by Pub. L. 101-533, which is classified to 22 U.S.C. 3101 et 
    seq.] that allowed the Bureau of the Census, the Bureau of Economic 
    Analysis, and the Bureau of Labor Statistics to share data on 
    foreign-owned companies. The Act not only expanded detailed industry 
    coverage from 135 industries to over 800 industries with no increase 
    in the data collected from respondents but also demonstrated how 
    data sharing can result in the creation of valuable data products.
        ``(6) With subtitle A of this title, the sharing of business 
    data among the Bureau of the Census, the Bureau of Economic 
    Analysis, and the Bureau of Labor Statistics continues to ensure the 
    highest level of confidentiality for respondents to statistical 
    surveys.
    ``(b) Purposes.--The purposes of this subtitle are the following:
        ``(1) To authorize the sharing of business data among the Bureau 
    of the Census, the Bureau of Economic Analysis, and the Bureau of 
    Labor Statistics for exclusively statistical purposes.
        ``(2) To reduce the paperwork burdens imposed on businesses that 
    provide requested information to the Federal Government.
        ``(3) To improve the comparability and accuracy of Federal 
    economic statistics by allowing the Bureau of the Census, the Bureau 
    of Economic Analysis, and the Bureau of Labor Statistics to update 
    sample frames, develop consistent classifications of establishments 
    and companies into industries, improve coverage, and reconcile 
    significant differences in data produced by the three agencies.
        ``(4) To increase understanding of the United States economy, 
    especially for key industry and regional statistics, to develop more 
    accurate measures of the impact of technology on productivity 
    growth, and to enhance the reliability of the Nation's most 
    important economic indicators, such as the National Income and 
    Product Accounts.
``SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
    ``For purposes of this subtitle, the term `Designated Statistical 
Agency' means each of the following:
        ``(1) The Bureau of the Census of the Department of Commerce.
        ``(2) The Bureau of Economic Analysis of the Department of 
    Commerce.
        ``(3) The Bureau of Labor Statistics of the Department of Labor.
``SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.
    ``The head of each of the Designated Statistical Agencies shall--
        ``(1) identify opportunities to eliminate duplication and 
    otherwise reduce reporting burden and cost imposed on the public in 
    providing information for statistical purposes;
        ``(2) enter into joint statistical projects to improve the 
    quality and reduce the cost of statistical programs; and
        ``(3) protect the confidentiality of individually identifiable 
    information acquired for statistical purposes by adhering to 
    safeguard principles, including--
            ``(A) emphasizing to their officers, employees, and agents 
        the importance of protecting the confidentiality of information 
        in cases where the identity of individual respondents can 
        reasonably be inferred by either direct or indirect means;
            ``(B) training their officers, employees, and agents in 
        their legal obligations to protect the confidentiality of 
        individually identifiable information and in the procedures that 
        must be followed to provide access to such information;
            ``(C) implementing appropriate measures to assure the 
        physical and electronic security of confidential data;
            ``(D) establishing a system of records that identifies 
        individuals accessing confidential data and the project for 
        which the data were required; and
            ``(E) being prepared to document their compliance with 
        safeguard principles to other agencies authorized by law to 
        monitor such compliance.
``SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL 
        AGENCIES.
    ``(a) In General.--A Designated Statistical Agency may provide 
business data in an identifiable form to another Designated Statistical 
Agency under the terms of a written agreement among the agencies sharing 
the business data that specifies--
        ``(1) the business data to be shared;
        ``(2) the statistical purposes for which the business data are 
    to be used;
        ``(3) the officers, employees, and agents authorized to examine 
    the business data to be shared; and
        ``(4) appropriate security procedures to safeguard the 
    confidentiality of the business data.
    ``(b) Responsibilities of Agencies Under Other Laws.--The provision 
of business data by an agency to a Designated Statistical Agency under 
this subtitle shall in no way alter the responsibility of the agency 
providing the data under other statutes (including section 552 of title 
5, United States Code (popularly known as the Freedom of Information 
Act), and section 552b of title 5, United States Code (popularly known 
as the Privacy Act of 1974 [Pub. L. 93-579, see Short Title note set out 
under section 552a of Title 5, Government Organization and Employees])) 
with respect to the provision or withholding of such information by the 
agency providing the data.
    ``(c) Responsibilities of Officers, Employees, and Agents.--
Examination of business data in identifiable form shall be limited to 
the officers, employees, and agents authorized to examine the individual 
reports in accordance with written agreements pursuant to this section. 
Officers, employees, and agents of a Designated Statistical Agency who 
receive data pursuant to this subtitle shall be subject to all 
provisions of law, including penalties, that relate--
        ``(1) to the unlawful provision of the business data that would 
    apply to the officers, employees, and agents of the agency that 
    originally obtained the information; and
        ``(2) to the unlawful disclosure of the business data that would 
    apply to officers, employees, and agents of the agency that 
    originally obtained the information.
    ``(d) Notice.--Whenever a written agreement concerns data that 
respondents were required by law to report and the respondents were not 
informed that the data could be shared among the Designated Statistical 
Agencies, for exclusively statistical purposes, the terms of such 
agreement shall be described in a public notice issued by the agency 
that intends to provide the data. Such notice shall allow a minimum of 
60 days for public comment.
``SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DESIGNATED 
        STATISTICAL AGENCIES.
    ``(a) Use, Generally.--Business data provided by a Designated 
Statistical Agency pursuant to this subtitle shall be used exclusively 
for statistical purposes.
    ``(b) Publication.--Publication of business data acquired by a 
Designated Statistical Agency shall occur in a manner whereby the data 
furnished by any particular respondent are not in identifiable form.
``SEC. 526. CONFORMING AMENDMENTS.
    ``(a) Department of Commerce.--[Amended section 176a of Title 15, 
Commerce and Trade.]
    ``(b) Title 13.--[Enacted section 402 of Title 13, Census.]''.


                      Waiver of Paperwork Reduction

    Pub. L. 101-508, title IV, Sec. 4711(f), Nov. 5, 1990, 104 Stat. 
1388-187, provided that: ``Chapter 35 of title 44, United States Code, 
and Executive Order 12291 [formerly set out as a note under section 601 
of Title 5, Government Organization and Employees] shall not apply to 
information and regulations required for purposes of carrying out this 
Act [see Tables for classification] and implementing the amendments made 
by this Act.''


Sec. 3502. Definitions

    As used in this subchapter--
        (1) the term ``agency'' means any executive department, military 
    department, Government corporation, Government controlled 
    corporation, or other establishment in the executive branch of the 
    Government (including the Executive Office of the President), or any 
    independent regulatory agency, but does not include--
            (A) the Government Accountability Office;
            (B) Federal Election Commission;
            (C) the governments of the District of Columbia and of the 
        territories and possessions of the United States, and their 
        various subdivisions; or
            (D) Government-owned contractor-operated facilities, 
        including laboratories engaged in national defense research and 
        production activities;

        (2) the term ``burden'' means time, effort, or financial 
    resources expended by persons to generate, maintain, or provide 
    information to or for a Federal agency, including the resources 
    expended for--
            (A) reviewing instructions;
            (B) acquiring, installing, and utilizing technology and 
        systems;
            (C) adjusting the existing ways to comply with any 
        previously applicable instructions and requirements;
            (D) searching data sources;
            (E) completing and reviewing the collection of information; 
        and
            (F) transmitting, or otherwise disclosing the information;

        (3) the term ``collection of information''--
            (A) means the obtaining, causing to be obtained, soliciting, 
        or requiring the disclosure to third parties or the public, of 
        facts or opinions by or for an agency, regardless of form or 
        format, calling for either--
                (i) answers to identical questions posed to, or 
            identical reporting or recordkeeping requirements imposed 
            on, ten or more persons, other than agencies, 
            instrumentalities, or employees of the United States; or
                (ii) answers to questions posed to agencies, 
            instrumentalities, or employees of the United States which 
            are to be used for general statistical purposes; and

            (B) shall not include a collection of information described 
        under section 3518(c)(1);

        (4) the term ``Director'' means the Director of the Office of 
    Management and Budget;
        (5) the term ``independent regulatory agency'' means the Board 
    of Governors of the Federal Reserve System, the Commodity Futures 
    Trading Commission, the Consumer Product Safety Commission, the 
    Federal Communications Commission, the Federal Deposit Insurance 
    Corporation, the Federal Energy Regulatory Commission, the Federal 
    Housing Finance Board, the Federal Maritime Commission, the Federal 
    Trade Commission, the Interstate Commerce Commission, the Mine 
    Enforcement Safety and Health Review Commission, the National Labor 
    Relations Board, the Nuclear Regulatory Commission, the Occupational 
    Safety and Health Review Commission, the Postal Regulatory 
    Commission, the Securities and Exchange Commission, and any other 
    similar agency designated by statute as a Federal independent 
    regulatory agency or commission;
        (6) the term ``information resources'' means information and 
    related resources, such as personnel, equipment, funds, and 
    information technology;
        (7) the term ``information resources management'' means the 
    process of managing information resources to accomplish agency 
    missions and to improve agency performance, including through the 
    reduction of information collection burdens on the public;
        (8) the term ``information system'' means a discrete set of 
    information resources organized for the collection, processing, 
    maintenance, use, sharing, dissemination, or disposition of 
    information;
        (9) the term ``information technology'' has the meaning given 
    that term in section 11101 of title 40 but does not include national 
    security systems as defined in section 11103 of title 40;
        (10) the term ``person'' means an individual, partnership, 
    association, corporation, business trust, or legal representative, 
    an organized group of individuals, a State, territorial, tribal, or 
    local government or branch thereof, or a political subdivision of a 
    State, territory, tribal, or local government or a branch of a 
    political subdivision;
        (11) the term ``practical utility'' means the ability of an 
    agency to use information, particularly the capability to process 
    such information in a timely and useful fashion;
        (12) the term ``public information'' means any information, 
    regardless of form or format, that an agency discloses, 
    disseminates, or makes available to the public;
        (13) the term ``recordkeeping requirement'' means a requirement 
    imposed by or for an agency on persons to maintain specified 
    records, including a requirement to--
            (A) retain such records;
            (B) notify third parties, the Federal Government, or the 
        public of the existence of such records;
            (C) disclose such records to third parties, the Federal 
        Government, or the public; or
            (D) report to third parties, the Federal Government, or the 
        public regarding such records; and

        (14) the term ``penalty'' includes the imposition by an agency 
    or court of a fine or other punishment; a judgment for monetary 
    damages or equitable relief; or the revocation, suspension, 
    reduction, or denial of a license, privilege, right, grant, or 
    benefit.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 164; amended Pub. 
L. 104-106, div. E, title LVI, Sec. 5605(a), Feb. 10, 1996, 110 Stat. 
700; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(A), Nov. 18, 1997, 
111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-
217, Sec. 3(l)(4), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108-271, 
Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-435, title VI, 
Sec. 604(e), Dec. 20, 2006, 120 Stat. 3242.)


                            Prior Provisions

    A prior section 3502, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2813; amended Pub. L. 98-443, Sec. 9(h), Oct. 4, 1984, 98 
Stat. 1708; Pub. L. 99-500, Sec. 101(m) [title VIII, Sec. 812], Oct. 18, 
1986, 100 Stat. 1783-308, 1783-335, and Pub. L. 99-591, Sec. 101(m) 
[title VIII, Sec. 812], Oct. 30, 1986, 100 Stat. 3341-308, 3341-335; 
Pub. L. 101-73, title VII, Sec. 744(e), Aug. 9, 1989, 103 Stat. 438, 
defined terms used in this chapter prior to the general amendment of 
this chapter by Pub. L. 104-13.
    Another prior section 3502, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1302; Pub. L. 93-153, title IV, Sec. 409(a), Nov. 16, 1973, 87 Stat. 
593, defined ``Federal agency'', ``person'', and ``information'', prior 
to the general amendment of this chapter by Pub. L. 96-511.


                               Amendments

    2006--Par. (5). Pub. L. 109-435 substituted ``Postal Regulatory 
Commission'' for ``Postal Rate Commission''.
    2004--Par. (1)(A). Pub. L. 108-271 substituted ``Government 
Accountability Office'' for ``General Accounting Office''.
    2002--Par. (9). Pub. L. 107-217 substituted ``section 11101 of title 
40'' for ``section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
1401)'' and ``section 11103 of title 40'' for ``section 5142 of that Act 
(40 U.S.C. 1452)''.
    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter'' in 
introductory provisions.
    1997--Par. (9). Pub. L. 105-85 substituted ``the Clinger-Cohen Act 
of 1996 (40 U.S.C. 1401)'' for ``the Information Technology Management 
Reform Act of 1996'' and inserted ``(40 U.S.C. 1452)'' after ``that 
Act''.
    1996--Par. (9). Pub. L. 104-106 added par. (9) and struck out former 
par. (9) which read as follows: ``the term `information technology' has 
the same meaning as the term `automatic data processing equipment' as 
defined by section 111(a)(2) and (3)(C)(i) through (v) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)(2) 
and (3)(C)(i) through (v));''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of Title 49. References to Interstate Commerce 
Commission deemed to refer to Surface Transportation Board, a member or 
employee of the Board, or Secretary of Transportation, as appropriate, 
see section 205 of Pub. L. 104-88, set out as a note under section 701 
of Title 49.


Sec. 3503. Office of Information and Regulatory Affairs

    (a) There is established in the Office of Management and Budget an 
office to be known as the Office of Information and Regulatory Affairs.
    (b) There shall be at the head of the Office an Administrator who 
shall be appointed by the President, by and with the advice and consent 
of the Senate. The Director shall delegate to the Administrator the 
authority to administer all functions under this subchapter, except that 
any such delegation shall not relieve the Director of responsibility for 
the administration of such functions. The Administrator shall serve as 
principal adviser to the Director on Federal information resources 
management policy.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 166; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3503, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2814; amended Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-336, and Pub. L. 
99-591, Sec. 101(m) [title VIII, Sec. 813(a)], Oct. 30, 1986, 100 Stat. 
3341-308, 3341-336, related to the establishment of the Office of 
Information and Regulatory Affairs prior to the general amendment of 
this chapter by Pub. L. 104-13.
    Another prior section 3503, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1303, prescribed duties of Director of Bureau of the Budget, prior to 
the general amendment of this chapter by Pub. L. 96-511. See section 
3504 of this title.


                               Amendments

    2000--Subsec. (b). Pub. L. 106-398 substituted ``subchapter'' for 
``chapter''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.

             Delegation of Other Functions to Administrator

    Pub. L. 96-511, Sec. 3, Dec. 11, 1980, 94 Stat. 2825, as amended by 
Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1083; Pub. L. 99-
500, Sec. 101(m) [title VIII, Sec. 821(b)(3)], Oct. 18, 1986, 100 Stat. 
1783-308, 1783-342, and Pub. L. 99-591, Sec. 101(m) [title VIII, 
Sec. 821(b)(3)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-342, provided:
    ``[(a) Repealed]
    ``(b) The Director of the Office of Management and Budget shall 
delegate to the Administrator for the Office of Information and 
Regulatory Affairs all functions, authority, and responsibility of the 
Director under section 552a of title 5, United States Code, under 
Executive Order 12046 [Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 14193, 
set out as a note under section 305 of Title 47, Telegraphs, Telephones, 
and Radiotelegraphs] and Reorganization Plan No. 1 for 
telecommunications [probably means Reorg. Plan No. 1 of 1970, 35 F.R. 
6421, 84 Stat. 2083, set out in the Appendix to Title 5, Government 
Organization and Employees], and under sections 110 and 111 of the 
Federal Property and Administrative Services Act of 1949 ([former 40 
U.S.C. 322 and former] 40 U.S.C. 759).''
    [Section 101(m) [title VIII, Sec. 833] of Pub. L. 99-500 and Pub. L. 
99-591 provided that: ``This title and the amendments made by this title 
[amending former sections 3501 to 3507, 3511, 3514, and 3520 of this 
title and sections 751, 757, and 759 of former Title 40, Public 
Buildings, Property, and Works, enacting provisions set out as a notes 
under section 101 of this title and former section 3503 of this title, 
amending provisions set out as a note above, and repealing provisions 
set out as a note under section 759 of former Title 40] shall take 
effect on the date of enactment of this Act [Oct. 18, 1986], except as 
provided in section 813(b) [set out as a note under former section 3503 
of this title] and except that the provisions of section 821 and the 
amendments made by such section [amending former sections 3503 and 3504 
of this title, sections 757 and 759 of former Title 40, and provisions 
set out as a note above] shall take effect on January 1, 1987.'']


Sec. 3504. Authority and functions of Director

    (a)(1) The Director shall oversee the use of information resources 
to improve the efficiency and effectiveness of governmental operations 
to serve agency missions, including burden reduction and service 
delivery to the public. In performing such oversight, the Director 
shall--
        (A) develop, coordinate and oversee the implementation of 
    Federal information resources management policies, principles, 
    standards, and guidelines; and
        (B) provide direction and oversee--
            (i) the review and approval of the collection of information 
        and the reduction of the information collection burden;
            (ii) agency dissemination of and public access to 
        information;
            (iii) statistical activities;
            (iv) records management activities;
            (v) privacy, confidentiality, security, disclosure, and 
        sharing of information; and
            (vi) the acquisition and use of information technology, 
        including alternative information technologies that provide for 
        electronic submission, maintenance, or disclosure of information 
        as a substitute for paper and for the use and acceptance of 
        electronic signatures.

    (2) The authority of the Director under this subchapter shall be 
exercised consistent with applicable law.
    (b) With respect to general information resources management policy, 
the Director shall--
        (1) develop and oversee the implementation of uniform 
    information resources management policies, principles, standards, 
    and guidelines;
        (2) foster greater sharing, dissemination, and access to public 
    information, including through--
            (A) the use of the Government Information Locator Service; 
        and
            (B) the development and utilization of common standards for 
        information collection, storage, processing and communication, 
        including standards for security, interconnectivity and 
        interoperability;

        (3) initiate and review proposals for changes in legislation, 
    regulations, and agency procedures to improve information resources 
    management practices;
        (4) oversee the development and implementation of best practices 
    in information resources management, including training; and
        (5) oversee agency integration of program and management 
    functions with information resources management functions.

    (c) With respect to the collection of information and the control of 
paperwork, the Director shall--
        (1) review and approve proposed agency collections of 
    information;
        (2) coordinate the review of the collection of information 
    associated with Federal procurement and acquisition by the Office of 
    Information and Regulatory Affairs with the Office of Federal 
    Procurement Policy, with particular emphasis on applying information 
    technology to improve the efficiency and effectiveness of Federal 
    procurement, acquisition and payment, and to reduce information 
    collection burdens on the public;
        (3) minimize the Federal information collection burden, with 
    particular emphasis on those individuals and entities most adversely 
    affected;
        (4) maximize the practical utility of and public benefit from 
    information collected by or for the Federal Government;
        (5) establish and oversee standards and guidelines by which 
    agencies are to estimate the burden to comply with a proposed 
    collection of information; \1\
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``and''.
---------------------------------------------------------------------------
        (6) publish in the Federal Register and make available on the 
    Internet (in consultation with the Small Business Administration) on 
    an annual basis a list of the compliance assistance resources 
    available to small businesses, with the first such publication 
    occurring not later than 1 year after the date of enactment of the 
    Small Business Paperwork Relief Act of 2002.

    (d) With respect to information dissemination, the Director shall 
develop and oversee the implementation of policies, principles, 
standards, and guidelines to--
        (1) apply to Federal agency dissemination of public information, 
    regardless of the form or format in which such information is 
    disseminated; and
        (2) promote public access to public information and fulfill the 
    purposes of this subchapter, including through the effective use of 
    information technology.

    (e) With respect to statistical policy and coordination, the 
Director shall--
        (1) coordinate the activities of the Federal statistical system 
    to ensure--
            (A) the efficiency and effectiveness of the system; and
            (B) the integrity, objectivity, impartiality, utility, and 
        confidentiality of information collected for statistical 
        purposes;

        (2) ensure that budget proposals of agencies are consistent with 
    system-wide priorities for maintaining and improving the quality of 
    Federal statistics and prepare an annual report on statistical 
    program funding;
        (3) develop and oversee the implementation of Governmentwide 
    policies, principles, standards, and guidelines concerning--
            (A) statistical collection procedures and methods;
            (B) statistical data classification;
            (C) statistical information presentation and dissemination;
            (D) timely release of statistical data; and
            (E) such statistical data sources as may be required for the 
        administration of Federal programs;

        (4) evaluate statistical program performance and agency 
    compliance with Governmentwide policies, principles, standards and 
    guidelines;
        (5) promote the sharing of information collected for statistical 
    purposes consistent with privacy rights and confidentiality pledges;
        (6) coordinate the participation of the United States in 
    international statistical activities, including the development of 
    comparable statistics;
        (7) appoint a chief statistician who is a trained and 
    experienced professional statistician to carry out the functions 
    described under this subsection;
        (8) establish an Interagency Council on Statistical Policy to 
    advise and assist the Director in carrying out the functions under 
    this subsection that shall--
            (A) be headed by the chief statistician; and
            (B) consist of--
                (i) the heads of the major statistical programs; and
                (ii) representatives of other statistical agencies under 
            rotating membership; and

        (9) provide opportunities for training in statistical policy 
    functions to employees of the Federal Government under which--
            (A) each trainee shall be selected at the discretion of the 
        Director based on agency requests and shall serve under the 
        chief statistician for at least 6 months and not more than 1 
        year; and
            (B) all costs of the training shall be paid by the agency 
        requesting training.

    (f) With respect to records management, the Director shall--
        (1) provide advice and assistance to the Archivist of the United 
    States and the Administrator of General Services to promote 
    coordination in the administration of chapters 29, 31, and 33 of 
    this title with the information resources management policies, 
    principles, standards, and guidelines established under this 
    subchapter;
        (2) review compliance by agencies with--
            (A) the requirements of chapters 29, 31, and 33 of this 
        title; and
            (B) regulations promulgated by the Archivist of the United 
        States and the Administrator of General Services; and

        (3) oversee the application of records management policies, 
    principles, standards, and guidelines, including requirements for 
    archiving information maintained in electronic format, in the 
    planning and design of information systems.

    (g) With respect to privacy and security, the Director shall--
        (1) develop and oversee the implementation of policies, 
    principles, standards, and guidelines on privacy, confidentiality, 
    security, disclosure and sharing of information collected or 
    maintained by or for agencies; and
        (2) oversee and coordinate compliance with sections 552 and 552a 
    of title 5, sections 20 and 21 of the National Institute of 
    Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4), section 
    11331 of title 40 and subchapter II of this chapter, and related 
    information management laws.

    (h) With respect to Federal information technology, the Director 
shall--
        (1) in consultation with the Director of the National Institute 
    of Standards and Technology and the Administrator of General 
    Services--
            (A) develop and oversee the implementation of policies, 
        principles, standards, and guidelines for information technology 
        functions and activities of the Federal Government, including 
        periodic evaluations of major information systems; and
            (B) oversee the development and implementation of standards 
        under section 11331 of title 40;

        (2) monitor the effectiveness of, and compliance with, 
    directives issued under subtitle III of title 40 and directives 
    issued under section 322 \2\ of title 40;
---------------------------------------------------------------------------
    \2\ See References in Text note below.
---------------------------------------------------------------------------
        (3) coordinate the development and review by the Office of 
    Information and Regulatory Affairs of policy associated with Federal 
    procurement and acquisition of information technology with the 
    Office of Federal Procurement Policy;
        (4) ensure, through the review of agency budget proposals, 
    information resources management plans and other means--
            (A) agency integration of information resources management 
        plans, program plans and budgets for acquisition and use of 
        information technology; and
            (B) the efficiency and effectiveness of inter-agency 
        information technology initiatives to improve agency performance 
        and the accomplishment of agency missions; and

        (5) promote the use of information technology by the Federal 
    Government to improve the productivity, efficiency, and 
    effectiveness of Federal programs, including through dissemination 
    of public information and the reduction of information collection 
    burdens on the public.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 167; amended Pub. 
L. 104-106, div. E, title LI, Sec. 5131(e)(1), title LVI, Sec. 5605(b), 
(c), Feb. 10, 1996, 110 Stat. 688, 700; Pub. L. 105-85, div. A, title X, 
Sec. 1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105-277, 
div. C, title XVII, Sec. 1702, Oct. 21, 1998, 112 Stat. 2681-749; Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275; Pub. L. 107-198, Sec. 2(a), June 28, 2002, 116 
Stat. 729; Pub. L. 107-217, Sec. 3(l)(5), Aug. 21, 2002, 116 Stat. 1301; 
Pub. L. 107-296, title X, Sec. 1005(c)(1), Nov. 25, 2002, 116 Stat. 
2272; Pub. L. 107-347, title III, Sec. 305(c)(1), Dec. 17, 2002, 116 
Stat. 2960.)

                       References in Text

    The date of enactment of the Small Business Paperwork Relief Act of 
2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L. 
107-198, which was approved June 28, 2002.
    Section 322 of title 40, referred to in subsec. (h)(2), was repealed 
by Pub. L. 109-313, Sec. 3(h)(1), Oct. 6, 2006, 120 Stat. 1736.


                            Prior Provisions

    A prior section 3504, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2815; amended Pub. L. 98-497, title I, Sec. 107(b)(26), 
Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. Sec. 814, 821(b)(2)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-336, 
1783-342, and Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. Sec. 814, 
821(b)(2)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-336, 3341-342, 
related to authority and functions of Director prior to the general 
amendment of this chapter by Pub. L. 104-13.
    Another prior section 3504, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1303, provided for designation of a central collection agency, prior to 
the general amendment of this chapter by Pub. L. 96-511. See section 
3509 of this title.


                               Amendments

    2002--Subsec. (c)(6). Pub. L. 107-198 added par. (6).
    Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(1)(A), and Pub. L. 
107-347, Sec. 305(c)(1)(A), amended par. (1) identically, inserting 
``and'' at end.
    Subsec. (g)(2). Pub. L. 107-347, Sec. 305(c)(1)(B), substituted 
``section 11331 of title 40 and subchapter II of this chapter'' for 
``sections 11331 and 11332(b) and (c) of title 40'' and a period for ``; 
and'' at end.
    Pub. L. 107-296, Sec. 1005(c)(1)(B), which directed amendment of 
par. (2) by substituting ``section 11331 of title 40 and subchapter II 
of this title'' for ``sections 11331 and 11332(b) and (c) of title 40'' 
and a period for the semicolon, could not be executed because of 
amendment by Pub. L. 107-347, Sec. 305(c)(1)(B). See Amendment note 
above and Effective Date of 2002 Amendments notes below.
    Pub. L. 107-217, Sec. 3(l)(5)(A), substituted ``sections 11331 and 
11332(b) and (c) of title 40'' for ``section 5131 of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer 
Security Act of 1987 (40 U.S.C. 759 note)''.
    Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(1)(C), and Pub. L. 
107-347, Sec. 305(c)(1)(C), amended subsec. (g) identically, striking 
out par. (3) which read as follows: ``require Federal agencies, 
consistent with the standards and guidelines promulgated under sections 
11331 and 11332(b) and (c) of title 40, to identify and afford security 
protections commensurate with the risk and magnitude of the harm 
resulting from the loss, misuse, or unauthorized access to or 
modification of information collected or maintained by or on behalf of 
an agency.''
    Pub. L. 107-217, Sec. 3(l)(5)(B), substituted ``sections 11331 and 
11332(b) and (c) of title 40'' for ``section 5131 of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer 
Security Act of 1987 (40 U.S.C. 759 note)''.
    Subsec. (h)(1)(B). Pub. L. 107-217, Sec. 3(l)(5)(C), substituted 
``section 11331 of title 40'' for ``section 5131 of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1441)''.
    Subsec. (h)(2). Pub. L. 107-217, Sec. 3(l)(5)(D), substituted 
``subtitle III of title 40'' for ``division E of the Clinger-Cohen Act 
of 1996 (40 U.S.C. 1401 et seq.)'' and ``section 322 of title 40'' for 
``section 110 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 757)''.
    2000--Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106-398 substituted 
``subchapter'' for ``chapter''.
    1998--Subsec. (a)(1)(B)(vi). Pub. L. 105-277 amended cl. (vi) 
generally. Prior to amendment, cl. (vi) read as follows: ``the 
acquisition and use of information technology.''
    1997--Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105-85, 
Sec. 1073(h)(5)(C), substituted ``Clinger-Cohen Act of 1996 (40 U.S.C. 
1441)'' for ``Information Technology Management Reform Act of 1996''.
    Subsec. (h)(2). Pub. L. 105-85, Sec. 1073(h)(5)(B), substituted 
``division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' 
for ``the Information Technology Management Reform Act of 1996''.
    1996--Subsec. (g)(2). Pub. L. 104-106, Sec. 5131(e)(1)(A), 
substituted ``sections 20 and 21 of the National Institute of Standards 
and Technology Act (15 U.S.C. 278g-3 and 278g-4), section 5131 of the 
Information Technology Management Reform Act of 1996, and sections 5 and 
6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)'' for ``the 
Computer Security Act of 1987 (40 U.S.C. 759 note)''.
    Subsec. (g)(3). Pub. L. 104-106, Sec. 5131(e)(1)(B), substituted 
``the standards and guidelines promulgated under section 5131 of the 
Information Technology Management Reform Act of 1996 and sections 5 and 
6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)'' for ``the 
Computer Security Act of 1987 (40 U.S.C. 759 note)''.
    Subsec. (h)(1)(B). Pub. L. 104-106, Sec. 5605(b), substituted 
``section 5131 of the Information Technology Management Reform Act of 
1996'' for ``section 111(d) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(d))''.
    Subsec. (h)(2). Pub. L. 104-106, Sec. 5605(c), substituted ``the 
Information Technology Management Reform Act of 1996 and directives 
issued under section 110 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 757)'' for ``sections 110 and 111 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757 
and 759)''.


                    Effective Date of 2002 Amendments

    Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section 
402(b) of Pub. L. 107-347, set out as an Effective Date note under 
section 3541 of this title.
    Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, 
see section 4 of Pub. L. 107-296, set out as an Effective Date note 
under section 101 of Title 6, Domestic Security.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.


                    Government Paperwork Elimination

    Pub. L. 105-277, div. C, title XVII, Oct. 21, 1998, 112 Stat. 2681-
749, provided that:
``SEC. 1701. SHORT TITLE.
    ``This title may be cited as the `Government Paperwork Elimination 
Act'.
``SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF 
        ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
    ``[Amended this section.]
``SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES 
        BY EXECUTIVE AGENCIES.
    ``(a) In General.--In order to fulfill the responsibility to 
administer the functions assigned under chapter 35 of title 44, United 
States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions 
D and E of Public Law 104-106) [see Short Title of 1996 Amendment note 
set out under 41 U.S.C. 251] and the amendments made by that Act, and 
the provisions of this title, the Director of the Office of Management 
and Budget shall, in consultation with the National Telecommunications 
and Information Administration and not later than 18 months after the 
date of enactment of this Act [Oct. 21, 1998], develop procedures for 
the use and acceptance of electronic signatures by Executive agencies.
    ``(b) Requirements for Procedures.--(1) The procedures developed 
under subsection (a)--
        ``(A) shall be compatible with standards and technology for 
    electronic signatures that are generally used in commerce and 
    industry and by State governments;
        ``(B) may not inappropriately favor one industry or technology;
        ``(C) shall ensure that electronic signatures are as reliable as 
    is appropriate for the purpose in question and keep intact the 
    information submitted;
        ``(D) shall provide for the electronic acknowledgment of 
    electronic forms that are successfully submitted; and
        ``(E) shall, to the extent feasible and appropriate, require an 
    Executive agency that anticipates receipt by electronic means of 
    50,000 or more submittals of a particular form to take all steps 
    necessary to ensure that multiple methods of electronic signatures 
    are available for the submittal of such form.
    ``(2) The Director shall ensure the compatibility of the procedures 
under paragraph (1)(A) in consultation with appropriate private bodies 
and State government entities that set standards for the use and 
acceptance of electronic signatures.
``SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF 
        PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
    ``In order to fulfill the responsibility to administer the functions 
assigned under chapter 35 of title 44, United States Code, the 
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public 
Law 104-106) [see Short Title of 1996 Amendment note set out under 41 
U.S.C. 251] and the amendments made by that Act, and the provisions of 
this title, the Director of the Office of Management and Budget shall 
ensure that, commencing not later than five years after the date of 
enactment of this Act [Oct. 21, 1998], Executive agencies provide--
        ``(1) for the option of the electronic maintenance, submission, 
    or disclosure of information, when practicable as a substitute for 
    paper; and
        ``(2) for the use and acceptance of electronic signatures, when 
    practicable.
``SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
    ``In order to fulfill the responsibility to administer the functions 
assigned under chapter 35 of title 44, United States Code, the 
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public 
Law 104-106) [see Short Title of 1996 Amendment note set out under 41 
U.S.C. 251] and the amendments made by that Act, and the provisions of 
this title, the Director of the Office of Management and Budget shall, 
not later than 18 months after the date of enactment of this Act [Oct. 
21, 1998], develop procedures to permit private employers to store and 
file electronically with Executive agencies forms containing information 
pertaining to the employees of such employers.
``SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
    ``(a) Ongoing Study Required.--In order to fulfill the 
responsibility to administer the functions assigned under chapter 35 of 
title 44, United States Code, the provisions of the Clinger-Cohen Act of 
1996 (divisions D and E of Public Law 104-106) [see Short Title of 1996 
Amendment note set out under 41 U.S.C. 251] and the amendments made by 
that Act, and the provisions of this title, the Director of the Office 
of Management and Budget shall, in cooperation with the National 
Telecommunications and Information Administration, conduct an ongoing 
study of the use of electronic signatures under this title on--
        ``(1) paperwork reduction and electronic commerce;
        ``(2) individual privacy; and
        ``(3) the security and authenticity of transactions.
    ``(b) Reports.--The Director shall submit to Congress on a periodic 
basis a report describing the results of the study carried out under 
subsection (a).
``SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.
    ``Electronic records submitted or maintained in accordance with 
procedures developed under this title, or electronic signatures or other 
forms of electronic authentication used in accordance with such 
procedures, shall not be denied legal effect, validity, or 
enforceability because such records are in electronic form.
``SEC. 1708. DISCLOSURE OF INFORMATION.
    ``Except as provided by law, information collected in the provision 
of electronic signature services for communications with an executive 
agency, as provided by this title, shall only be used or disclosed by 
persons who obtain, collect, or maintain such information as a business 
or government practice, for the purpose of facilitating such 
communications, or with the prior affirmative consent of the person 
about whom the information pertains.
``SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
    ``No provision of this title shall apply to the Department of the 
Treasury or the Internal Revenue Service to the extent that such 
provision--
        ``(1) involves the administration of the internal revenue laws; 
    or
        ``(2) conflicts with any provision of the Internal Revenue 
    Service Restructuring and Reform Act of 1998 [Pub. L. 105-206, see 
    Tables for classification] or the Internal Revenue Code of 1986 [26 
    U.S.C. 1 et seq.].
``SEC. 1710. DEFINITIONS.
    ``For purposes of this title:
        ``(1) Electronic signature.--The term `electronic signature' 
    means a method of signing an electronic message that--
            ``(A) identifies and authenticates a particular person as 
        the source of the electronic message; and
            ``(B) indicates such person's approval of the information 
        contained in the electronic message.
        ``(2) Executive agency.--The term `Executive agency' has the 
    meaning given that term in section 105 of title 5, United States 
    Code.''


Sec. 3505. Assignment of tasks and deadlines

    (a) In carrying out the functions under this subchapter, the 
Director shall--
        (1) in consultation with agency heads, set an annual 
    Governmentwide goal for the reduction of information collection 
    burdens by at least 10 percent during each of fiscal years 1996 and 
    1997 and 5 percent during each of fiscal years 1998, 1999, 2000, and 
    2001, and set annual agency goals to--
            (A) reduce information collection burdens imposed on the 
        public that--
                (i) represent the maximum practicable opportunity in 
            each agency; and
                (ii) are consistent with improving agency management of 
            the process for the review of collections of information 
            established under section 3506(c); and

            (B) improve information resources management in ways that 
        increase the productivity, efficiency and effectiveness of 
        Federal programs, including service delivery to the public;

        (2) with selected agencies and non-Federal entities on a 
    voluntary basis, conduct pilot projects to test alternative 
    policies, practices, regulations, and procedures to fulfill the 
    purposes of this subchapter, particularly with regard to minimizing 
    the Federal information collection burden; and
        (3) in consultation with the Administrator of General Services, 
    the Director of the National Institute of Standards and Technology, 
    the Archivist of the United States, and the Director of the Office 
    of Personnel Management, develop and maintain a Governmentwide 
    strategic plan for information resources management, that shall 
    include--
            (A) a description of the objectives and the means by which 
        the Federal Government shall apply information resources to 
        improve agency and program performance;
            (B) plans for--
                (i) reducing information burdens on the public, 
            including reducing such burdens through the elimination of 
            duplication and meeting shared data needs with shared 
            resources;
                (ii) enhancing public access to and dissemination of, 
            information, using electronic and other formats; and
                (iii) meeting the information technology needs of the 
            Federal Government in accordance with the purposes of this 
            subchapter; and

            (C) a description of progress in applying information 
        resources management to improve agency performance and the 
        accomplishment of missions.

    (b) For purposes of any pilot project conducted under subsection 
(a)(2), the Director may, after consultation with the agency head, waive 
the application of any administrative directive issued by an agency with 
which the project is conducted, including any directive requiring a 
collection of information, after giving timely notice to the public and 
the Congress regarding the need for such waiver.
    (c) \1\ Inventory of Major Information Systems.--(1) The head of 
each agency shall develop and maintain an inventory of major information 
systems (including major national security systems) operated by or under 
the control of such agency.
---------------------------------------------------------------------------
    \1\ So in original. Two subsecs. (c) have been enacted.
---------------------------------------------------------------------------
    (2) The identification of information systems in an inventory under 
this subsection shall include an identification of the interfaces 
between each such system and all other systems or networks, including 
those not operated by or under the control of the agency.
    (3) Such inventory shall be--
        (A) updated at least annually;
        (B) made available to the Comptroller General; and
        (C) used to support information resources management, 
    including--
            (i) preparation and maintenance of the inventory of 
        information resources under section 3506(b)(4);
            (ii) information technology planning, budgeting, 
        acquisition, and management under section 3506(h), subtitle III 
        of title 40, and related laws and guidance;
            (iii) monitoring, testing, and evaluation of information 
        security controls under subchapter II;
            (iv) preparation of the index of major information systems 
        required under section 552(g) of title 5, United States Code; 
        and
            (v) preparation of information system inventories required 
        for records management under chapters 21, 29, 31, and 33.

    (4) The Director shall issue guidance for and oversee the 
implementation of the requirements of this subsection.
    (c) \1\ Inventory of Information Systems.--(1) The head of each 
agency shall develop and maintain an inventory of the information 
systems (including national security systems) operated by or under the 
control of such agency;
    (2) The identification of information systems in an inventory under 
this subsection shall include an identification of the interfaces 
between each such system and all other systems or networks, including 
those not operated by or under the control of the agency;
    (3) Such inventory shall be--
        (A) updated at least annually;
        (B) made available to the Comptroller General; and
        (C) used to support information resources management, 
    including--
            (i) preparation and maintenance of the inventory of 
        information resources under section 3506(b)(4);
            (ii) information technology planning, budgeting, 
        acquisition, and management under section 3506(h), subtitle III 
        of title 40, and related laws and guidance;
            (iii) monitoring, testing, and evaluation of information 
        security controls under subchapter II;
            (iv) preparation of the index of major information systems 
        required under section 552(g) of title 5, United States Code; 
        and
            (v) preparation of information system inventories required 
        for records management under chapters 21, 29, 31, and 33.

    (4) The Director shall issue guidance for and oversee the 
implementation of the requirements of this subsection.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 170; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275; Pub. L. 107-296, title X, Sec. 1005(c)(2), Nov. 
25, 2002, 116 Stat. 2272; Pub. L. 107-347, title III, Sec. 305(c)(2), 
Dec. 17, 2002, 116 Stat. 2961.)


                            Prior Provisions

    A prior section 3505, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2818; amended Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 815], Oct. 18, 1986, 100 Stat. 1783-308, 1783-337, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 815], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-337, related to assignment of tasks and deadlines prior to the 
general amendment of this chapter by Pub. L. 104-13.
    Another prior section 3505, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1303, prohibited independent collection by an agency, prior to the 
general amendment of this chapter by Pub. L. 96-511. See section 3509 of 
this title.


                               Amendments

    2002--Subsec. (c). Pub. L. 107-347, added subsec. (c) relating to 
inventory of major information systems.
    Pub. L. 107-296 added subsec. (c) relating to inventory of 
information systems.
    2000--Subsec. (a). Pub. L. 106-398 substituted ``subchapter'' for 
``chapter'' in introductory provisions and pars. (2) and (3)(B)(iii).


                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, 
see section 4 of Pub. L. 107-296, set out as an Effective Date note 
under section 101 of Title 6, Domestic Security.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


Sec. 3506. Federal agency responsibilities

    (a)(1) The head of each agency shall be responsible for--
        (A) carrying out the agency's information resources management 
    activities to improve agency productivity, efficiency, and 
    effectiveness; and
        (B) complying with the requirements of this subchapter and 
    related policies established by the Director.

    (2)(A) Except as provided under subparagraph (B), the head of each 
agency shall designate a Chief Information Officer who shall report 
directly to such agency head to carry out the responsibilities of the 
agency under this subchapter.
    (B) The Secretary of the Department of Defense and the Secretary of 
each military department may each designate Chief Information Officers 
who shall report directly to such Secretary to carry out the 
responsibilities of the department under this subchapter. If more than 
one Chief Information Officer is designated, the respective duties of 
the Chief Information Officers shall be clearly delineated.
    (3) The Chief Information Officer designated under paragraph (2) 
shall head an office responsible for ensuring agency compliance with and 
prompt, efficient, and effective implementation of the information 
policies and information resources management responsibilities 
established under this subchapter, including the reduction of 
information collection burdens on the public. The Chief Information 
Officer and employees of such office shall be selected with special 
attention to the professional qualifications required to administer the 
functions described under this subchapter.
    (4) Each agency program official shall be responsible and 
accountable for information resources assigned to and supporting the 
programs under such official. In consultation with the Chief Information 
Officer designated under paragraph (2) and the agency Chief Financial 
Officer (or comparable official), each agency program official shall 
define program information needs and develop strategies, systems, and 
capabilities to meet those needs.
    (b) With respect to general information resources management, each 
agency shall--
        (1) manage information resources to--
            (A) reduce information collection burdens on the public;
            (B) increase program efficiency and effectiveness; and
            (C) improve the integrity, quality, and utility of 
        information to all users within and outside the agency, 
        including capabilities for ensuring dissemination of public 
        information, public access to government information, and 
        protections for privacy and security;

        (2) in accordance with guidance by the Director, develop and 
    maintain a strategic information resources management plan that 
    shall describe how information resources management activities help 
    accomplish agency missions;
        (3) develop and maintain an ongoing process to--
            (A) ensure that information resources management operations 
        and decisions are integrated with organizational planning, 
        budget, financial management, human resources management, and 
        program decisions;
            (B) in cooperation with the agency Chief Financial Officer 
        (or comparable official), develop a full and accurate accounting 
        of information technology expenditures, related expenses, and 
        results; and
            (C) establish goals for improving information resources 
        management's contribution to program productivity, efficiency, 
        and effectiveness, methods for measuring progress towards those 
        goals, and clear roles and responsibilities for achieving those 
        goals;

        (4) in consultation with the Director, the Administrator of 
    General Services, and the Archivist of the United States, maintain a 
    current and complete inventory of the agency's information 
    resources, including directories necessary to fulfill the 
    requirements of section 3511 of this subchapter; and
        (5) in consultation with the Director and the Director of the 
    Office of Personnel Management, conduct formal training programs to 
    educate agency program and management officials about information 
    resources management.

    (c) With respect to the collection of information and the control of 
paperwork, each agency shall--
        (1) establish a process within the office headed by the Chief 
    Information Officer designated under subsection (a), that is 
    sufficiently independent of program responsibility to evaluate 
    fairly whether proposed collections of information should be 
    approved under this subchapter, to--
            (A) review each collection of information before submission 
        to the Director for review under this subchapter, including--
                (i) an evaluation of the need for the collection of 
            information;
                (ii) a functional description of the information to be 
            collected;
                (iii) a plan for the collection of the information;
                (iv) a specific, objectively supported estimate of 
            burden;
                (v) a test of the collection of information through a 
            pilot program, if appropriate; and
                (vi) a plan for the efficient and effective management 
            and use of the information to be collected, including 
            necessary resources;

            (B) ensure that each information collection--
                (i) is inventoried, displays a control number and, if 
            appropriate, an expiration date;
                (ii) indicates the collection is in accordance with the 
            clearance requirements of section 3507; and
                (iii) informs the person receiving the collection of 
            information of--
                    (I) the reasons the information is being collected;
                    (II) the way such information is to be used;
                    (III) an estimate, to the extent practicable, of the 
                burden of the collection;
                    (IV) whether responses to the collection of 
                information are voluntary, required to obtain a benefit, 
                or mandatory; and
                    (V) the fact that an agency may not conduct or 
                sponsor, and a person is not required to respond to, a 
                collection of information unless it displays a valid 
                control number; and

            (C) assess the information collection burden of proposed 
        legislation affecting the agency;

        (2)(A) except as provided under subparagraph (B) or section 
    3507(j), provide 60-day notice in the Federal Register, and 
    otherwise consult with members of the public and affected agencies 
    concerning each proposed collection of information, to solicit 
    comment to--
            (i) evaluate whether the proposed collection of information 
        is necessary for the proper performance of the functions of the 
        agency, including whether the information shall have practical 
        utility;
            (ii) evaluate the accuracy of the agency's estimate of the 
        burden of the proposed collection of information;
            (iii) enhance the quality, utility, and clarity of the 
        information to be collected; and
            (iv) minimize the burden of the collection of information on 
        those who are to respond, including through the use of automated 
        collection techniques or other forms of information technology; 
        and

        (B) for any proposed collection of information contained in a 
    proposed rule (to be reviewed by the Director under section 
    3507(d)), provide notice and comment through the notice of proposed 
    rulemaking for the proposed rule and such notice shall have the same 
    purposes specified under subparagraph (A)(i) through (iv);
        (3) certify (and provide a record supporting such certification, 
    including public comments received by the agency) that each 
    collection of information submitted to the Director for review under 
    section 3507--
            (A) is necessary for the proper performance of the functions 
        of the agency, including that the information has practical 
        utility;
            (B) is not unnecessarily duplicative of information 
        otherwise reasonably accessible to the agency;
            (C) reduces to the extent practicable and appropriate the 
        burden on persons who shall provide information to or for the 
        agency, including with respect to small entities, as defined 
        under section 601(6) of title 5, the use of such techniques as--
                (i) establishing differing compliance or reporting 
            requirements or timetables that take into account the 
            resources available to those who are to respond;
                (ii) the clarification, consolidation, or simplification 
            of compliance and reporting requirements; or
                (iii) an exemption from coverage of the collection of 
            information, or any part thereof;

            (D) is written using plain, coherent, and unambiguous 
        terminology and is understandable to those who are to respond;
            (E) is to be implemented in ways consistent and compatible, 
        to the maximum extent practicable, with the existing reporting 
        and recordkeeping practices of those who are to respond;
            (F) indicates for each recordkeeping requirement the length 
        of time persons are required to maintain the records specified;
            (G) contains the statement required under paragraph 
        (1)(B)(iii);
            (H) has been developed by an office that has planned and 
        allocated resources for the efficient and effective management 
        and use of the information to be collected, including the 
        processing of the information in a manner which shall enhance, 
        where appropriate, the utility of the information to agencies 
        and the public;
            (I) uses effective and efficient statistical survey 
        methodology appropriate to the purpose for which the information 
        is to be collected; and
            (J) to the maximum extent practicable, uses information 
        technology to reduce burden and improve data quality, agency 
        efficiency and responsiveness to the public; and

        (4) in addition to the requirements of this chapter regarding 
    the reduction of information collection burdens for small business 
    concerns (as defined in section 3 of the Small Business Act (15 
    U.S.C. 632)), make efforts to further reduce the information 
    collection burden for small business concerns with fewer than 25 
    employees.

    (d) With respect to information dissemination, each agency shall--
        (1) ensure that the public has timely and equitable access to 
    the agency's public information, including ensuring such access 
    through--
            (A) encouraging a diversity of public and private sources 
        for information based on government public information;
            (B) in cases in which the agency provides public information 
        maintained in electronic format, providing timely and equitable 
        access to the underlying data (in whole or in part); and
            (C) agency dissemination of public information in an 
        efficient, effective, and economical manner;

        (2) regularly solicit and consider public input on the agency's 
    information dissemination activities;
        (3) provide adequate notice when initiating, substantially 
    modifying, or terminating significant information dissemination 
    products; and
        (4) not, except where specifically authorized by statute--
            (A) establish an exclusive, restricted, or other 
        distribution arrangement that interferes with timely and 
        equitable availability of public information to the public;
            (B) restrict or regulate the use, resale, or redissemination 
        of public information by the public;
            (C) charge fees or royalties for resale or redissemination 
        of public information; or
            (D) establish user fees for public information that exceed 
        the cost of dissemination.

    (e) With respect to statistical policy and coordination, each agency 
shall--
        (1) ensure the relevance, accuracy, timeliness, integrity, and 
    objectivity of information collected or created for statistical 
    purposes;
        (2) inform respondents fully and accurately about the sponsors, 
    purposes, and uses of statistical surveys and studies;
        (3) protect respondents' privacy and ensure that disclosure 
    policies fully honor pledges of confidentiality;
        (4) observe Federal standards and practices for data collection, 
    analysis, documentation, sharing, and dissemination of information;
        (5) ensure the timely publication of the results of statistical 
    surveys and studies, including information about the quality and 
    limitations of the surveys and studies; and
        (6) make data available to statistical agencies and readily 
    accessible to the public.

    (f) With respect to records management, each agency shall implement 
and enforce applicable policies and procedures, including requirements 
for archiving information maintained in electronic format, particularly 
in the planning, design and operation of information systems.
    (g) With respect to privacy and security, each agency shall--
        (1) implement and enforce applicable policies, procedures, 
    standards, and guidelines on privacy, confidentiality, security, 
    disclosure and sharing of information collected or maintained by or 
    for the agency; and
        (2) assume responsibility and accountability for compliance with 
    and coordinated management of sections 552 and 552a of title 5, 
    subchapter II of this chapter, and related information management 
    laws.

    (h) With respect to Federal information technology, each agency 
shall--
        (1) implement and enforce applicable Governmentwide and agency 
    information technology management policies, principles, standards, 
    and guidelines;
        (2) assume responsibility and accountability for information 
    technology investments;
        (3) promote the use of information technology by the agency to 
    improve the productivity, efficiency, and effectiveness of agency 
    programs, including the reduction of information collection burdens 
    on the public and improved dissemination of public information;
        (4) propose changes in legislation, regulations, and agency 
    procedures to improve information technology practices, including 
    changes that improve the ability of the agency to use technology to 
    reduce burden; and
        (5) assume responsibility for maximizing the value and assessing 
    and managing the risks of major information systems initiatives 
    through a process that is--
            (A) integrated with budget, financial, and program 
        management decisions; and
            (B) used to select, control, and evaluate the results of 
        major information systems initiatives.

    (i)(1) In addition to the requirements described in subsection (c), 
each agency shall, with respect to the collection of information and the 
control of paperwork, establish 1 point of contact in the agency to act 
as a liaison between the agency and small business concerns (as defined 
in section 3 of the Small Business Act (15 U.S.C. 632)).
    (2) Each point of contact described under paragraph (1) shall be 
established not later than 1 year after the date of enactment of the 
Small Business Paperwork Relief Act of 2002.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 171; amended Pub. 
L. 104-106, div. E, title LI, Sec. 5125(a), Feb. 10, 1996, 110 Stat. 
684; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-198, Sec. 2(b), (c), June 
28, 2002, 116 Stat. 729; Pub. L. 107-217, Sec. 3(l)(6), Aug. 21, 2002, 
116 Stat. 1302; Pub. L. 107-296, title X, Sec. 1005(c)(3), Nov. 25, 
2002, 116 Stat. 2273; Pub. L. 107-347, title III, Sec. 305(c)(3), Dec. 
17, 2002, 116 Stat. 2961.)

                       References in Text

    The date of enactment of the Small Business Paperwork Relief Act of 
2002, referred to in subsec. (i)(2), is the date of enactment of Pub. L. 
107-198, which was approved June 28, 2002.


                            Prior Provisions

    A prior section 3506, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2819; amended Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 816], Oct. 18, 1986, 100 Stat. 1783-308, 1783-338, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 816], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-338, related to Federal agency responsibilities prior to the 
general amendment of this chapter by Pub. L. 104-13.
    Another prior section 3506, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1303, provided for determination of necessity for information and 
hearing thereon, prior to the general amendment of this chapter by Pub. 
L. 96-511. See section 3508 of this title.


                               Amendments

    2002--Subsec. (c)(4). Pub. L. 107-198, Sec. 2(c), added par. (4).
    Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(3)(A), and Pub. L. 
107-347, Sec. 305(c)(3)(A), amended par. (1) identically, inserting 
``and'' at end.
    Subsec. (g)(2). Pub. L. 107-296, Sec. 1005(c)(3)(B), and Pub. L. 
107-347, Sec. 305(c)(3)(B), amended par. (2) identically, substituting 
``subchapter II of this chapter'' for ``section 11332 of title 40'' and 
a period for ``; and'' at end.
    Pub. L. 107-217, Sec. 3(l)(6)(A), substituted ``section 11332 of 
title 40'' for ``the Computer Security Act of 1987 (40 U.S.C. 759 
note)''.
    Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(3)(C), and Pub. L. 
107-347, Sec. 305(c)(3)(C), amended subsec. (g) identically, striking 
out par. (3) which read as follows: ``consistent with section 11332 of 
title 40, identify and afford security protections commensurate with the 
risk and magnitude of the harm resulting from the loss, misuse, or 
unauthorized access to or modification of information collected or 
maintained by or on behalf of an agency.''
    Pub. L. 107-217, Sec. 3(l)(6)(B), substituted ``section 11332 of 
title 40'' for ``the Computer Security Act of 1987 (40 U.S.C. 759 
note)''.
    Subsec. (i). Pub. L. 107-198, Sec. 2(b), added subsec. (i).
    2000--Subsecs. (a)(1) to (3), (b)(4), (c)(1). Pub. L. 106-398 
substituted ``subchapter'' for ``chapter'' wherever appearing.
    1996--Subsec. (a)(2)(A). Pub. L. 104-106, Sec. 5125(a)(1)(A), 
substituted ``Chief Information Officer'' for ``senior official''.
    Subsec. (a)(2)(B). Pub. L. 104-106, Sec. 5125(a)(1)(B), substituted 
``designate Chief Information Officers'' for ``designate senior 
officials'', ``Chief Information Officer'' for ``official'', and ``the 
Chief Information Officers'' for ``the officials''.
    Subsec. (a)(3), (4). Pub. L. 104-106, Sec. 5125(a)(1)(C), 
substituted ``Chief Information Officer'' for ``senior official'' 
wherever appearing.
    Subsec. (c)(1). Pub. L. 104-106, Sec. 5125(a)(2), substituted 
``Chief Information Officer'' for ``official'' in introductory 
provisions.


                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, 
see section 4 of Pub. L. 107-296, set out as an Effective Date note 
under section 101 of Title 6, Domestic Security.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.

                Ex. Ord. No. 13073. Year 2000 Conversion

    Ex. Ord. No. 13073, Feb. 4, 1998, 63 F.R. 6467, as amended by Ex. 
Ord. No. 13127, June 14, 1999, 64 F.R. 32793, provided:
    The American people expect reliable service from their Government 
and deserve the confidence that critical government functions dependent 
on electronic systems will be performed accurately and in a timely 
manner. Because of a design feature in many electronic systems, a large 
number of activities in the public and private sectors could be at risk 
beginning in the year 2000. Some computer systems and other electronic 
devices will misinterpret the year ``00'' as 1900, rather than 2000. 
Unless appropriate action is taken, this flaw, known as the ``Y2K 
problem,'' can cause systems that support those functions to compute 
erroneously or simply not run. Minimizing the Y2K problem will require a 
major technological and managerial effort, and it is critical that the 
United States Government do its part in addressing this challenge.
    Accordingly, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, it is hereby 
ordered as follows:
    Section 1. Policy. (a) It shall be the policy of the executive 
branch that agencies shall:
    (1) assure that no critical Federal program experiences disruption 
because of the Y2K problem;
    (2) assist and cooperate with State, local, and tribal governments 
to address the Y2K problem where those governments depend on Federal 
information or information technology or the Federal Government is 
dependent on those governments to perform critical missions;
    (3) cooperate with the private sector operators of critical national 
and local systems, including the banking and financial system, the 
telecommunications system, the public health system, the transportation 
system, and the electric power generation system, in addressing the Y2K 
problem; and
    (4) communicate with their foreign counterparts to raise awareness 
of and generate cooperative international arrangements to address the 
Y2K problem.
    (b) As used in this order, ``agency'' and ``agencies'' refer to 
Federal agencies that are not in the judicial or legislative branches.
    Sec. 2. Year 2000 Conversion Council. There is hereby established 
the President's Council on Year 2000 Conversion (the ``Council'').
    (a) The Council shall be led by a Chair who shall be an Assistant to 
the President, and it shall be composed of one representative from each 
of the executive departments and from such other Federal agencies as may 
be determined by the Chair of the Council (the ``Chair'').
    (b) The Chair shall appoint a Vice Chair and assign other 
responsibilities for operations of the council as he or she deems 
necessary.
    (c) The Chair shall oversee the activities of agencies to assure 
that their systems operate smoothly through the year 2000, act as chief 
spokesperson on this issue for the executive branch in national and 
international fora, provide policy coordination of executive branch 
activities with State, local, and tribal governments on the Y2K problem, 
and promote appropriate Federal roles with respect to private sector 
activities in this area.
    (d) The Chair and the Director of the Office of Management and 
Budget shall report jointly at least quarterly to me on the progress of 
agencies in addressing the Y2K problem.
    (e) The Chair shall identify such resources from agencies as the 
Chair deems necessary for the implementation of the policies set out in 
this order, consistent with applicable law.
    Sec. 3. Responsibilities of Agency Heads. (a) The head of each 
agency shall:
    (1) assure that efforts to address the Y2K problem receive the 
highest priority attention in the agency and that the policies 
established in this order are carried out; and
    (2) cooperate to the fullest extent with the Chair by making 
available such information, support, and assistance, including 
personnel, as the Chair may request to support the accomplishment of the 
tasks assigned herein, consistent with applicable law.
    (b) The heads of executive departments and the agencies designated 
by the Chair under section 2(a) of this order shall identify a 
responsible official to represent the head of the executive department 
or agency on the Council with sufficient authority and experience to 
commit agency resources to address the Y2K problem.
    Sec. 4. Responsibilities of Interagency and Executive Office 
Councils. Interagency councils and councils within the Executive Office 
of the President, including the President's Management Council, the 
Chief Information Officers Council, the Chief Financial Officers 
Council, the President's Council on Integrity and Efficiency, the 
Executive Council on Integrity and Efficiency, the National Science and 
Technology Council, the National Performance Review, the National 
Economic Council, the Domestic Policy Council, and the National Security 
Council shall provide assistance and support to the Chair upon the 
Chair's request.
    Sec. 5. Information Coordination Center. (a) To assist the Chair in 
the Y2K response duties included under section 2(c) of this order, there 
shall be established the Information Coordination Center (ICC) in the 
General Services Administration.
    (b) At the direction of the Chair, the ICC will assist in making 
preparations for information sharing and coordination within the Federal 
Government and key components of the public and private sectors, 
coordinating agency assessments of Y2K emergencies that could have an 
adverse affect on U.S. interests at home and abroad, and, if necessary, 
assisting Federal agencies and the Chair in reconstitution processes 
where appropriate.
    (c) The ICC will:
    (1) consist of officials from executive agencies, designated by 
agency heads under subsection 3(a)(2) of this order, who have expertise 
in important management and technical areas, computer hardware, software 
or security systems, reconstitution and recovery, and of additional 
personnel hired directly or by contract, as required, to carry out the 
duties described under section 5 of this order;
    (2) work with the Council and the Office of Management and Budget to 
assure that Federal efforts to restore critical systems are coordinated 
with efforts managed by Federal agencies acting under existing emergency 
response authorities.
    (d) The Chair of the President's Council on Year 2000 Conversion 
shall designate a Director of the ICC.
    Sec. 6. Judicial Review. This Executive order is intended only to 
improve the internal management of the executive branch and does not 
create any right or benefit, substantive or procedural, enforceable at 
law or equity by a party against the United States, its agencies, or 
instrumentalities, its officers or employees, or any other person.
                                                     William J. Clinton.


Sec. 3507. Public information collection activities; submission 
        to Director; approval and delegation
        
    (a) An agency shall not conduct or sponsor the collection of 
information unless in advance of the adoption or revision of the 
collection of information--
        (1) the agency has--
            (A) conducted the review established under section 
        3506(c)(1);
            (B) evaluated the public comments received under section 
        3506(c)(2);
            (C) submitted to the Director the certification required 
        under section 3506(c)(3), the proposed collection of 
        information, copies of pertinent statutory authority, 
        regulations, and other related materials as the Director may 
        specify; and
            (D) published a notice in the Federal Register--
                (i) stating that the agency has made such submission; 
            and
                (ii) setting forth--
                    (I) a title for the collection of information;
                    (II) a summary of the collection of information;
                    (III) a brief description of the need for the 
                information and the proposed use of the information;
                    (IV) a description of the likely respondents and 
                proposed frequency of response to the collection of 
                information;
                    (V) an estimate of the burden that shall result from 
                the collection of information; and
                    (VI) notice that comments may be submitted to the 
                agency and Director;

        (2) the Director has approved the proposed collection of 
    information or approval has been inferred, under the provisions of 
    this section; and
        (3) the agency has obtained from the Director a control number 
    to be displayed upon the collection of information.

    (b) The Director shall provide at least 30 days for public comment 
prior to making a decision under subsection (c), (d), or (h), except as 
provided under subsection (j).
    (c)(1) For any proposed collection of information not contained in a 
proposed rule, the Director shall notify the agency involved of the 
decision to approve or disapprove the proposed collection of 
information.
    (2) The Director shall provide the notification under paragraph (1), 
within 60 days after receipt or publication of the notice under 
subsection (a)(1)(D), whichever is later.
    (3) If the Director does not notify the agency of a denial or 
approval within the 60-day period described under paragraph (2)--
        (A) the approval may be inferred;
        (B) a control number shall be assigned without further delay; 
    and
        (C) the agency may collect the information for not more than 1 
    year.

    (d)(1) For any proposed collection of information contained in a 
proposed rule--
        (A) as soon as practicable, but no later than the date of 
    publication of a notice of proposed rulemaking in the Federal 
    Register, each agency shall forward to the Director a copy of any 
    proposed rule which contains a collection of information and any 
    information requested by the Director necessary to make the 
    determination required under this subsection; and
        (B) within 60 days after the notice of proposed rulemaking is 
    published in the Federal Register, the Director may file public 
    comments pursuant to the standards set forth in section 3508 on the 
    collection of information contained in the proposed rule;

    (2) When a final rule is published in the Federal Register, the 
agency shall explain--
        (A) how any collection of information contained in the final 
    rule responds to the comments, if any, filed by the Director or the 
    public; or
        (B) the reasons such comments were rejected.

    (3) If the Director has received notice and failed to comment on an 
agency rule within 60 days after the notice of proposed rulemaking, the 
Director may not disapprove any collection of information specifically 
contained in an agency rule.
    (4) No provision in this section shall be construed to prevent the 
Director, in the Director's discretion--
        (A) from disapproving any collection of information which was 
    not specifically required by an agency rule;
        (B) from disapproving any collection of information contained in 
    an agency rule, if the agency failed to comply with the requirements 
    of paragraph (1) of this subsection;
        (C) from disapproving any collection of information contained in 
    a final agency rule, if the Director finds within 60 days after the 
    publication of the final rule that the agency's response to the 
    Director's comments filed under paragraph (2) of this subsection was 
    unreasonable; or
        (D) from disapproving any collection of information contained in 
    a final rule, if--
            (i) the Director determines that the agency has 
        substantially modified in the final rule the collection of 
        information contained in the proposed rule; and
            (ii) the agency has not given the Director the information 
        required under paragraph (1) with respect to the modified 
        collection of information, at least 60 days before the issuance 
        of the final rule.

    (5) This subsection shall apply only when an agency publishes a 
notice of proposed rulemaking and requests public comments.
    (6) The decision by the Director to approve or not act upon a 
collection of information contained in an agency rule shall not be 
subject to judicial review.
    (e)(1) Any decision by the Director under subsection (c), (d), (h), 
or (j) to disapprove a collection of information, or to instruct the 
agency to make substantive or material change to a collection of 
information, shall be publicly available and include an explanation of 
the reasons for such decision.
    (2) Any written communication between the Administrator of the 
Office of Information and Regulatory Affairs, or any employee of the 
Office of Information and Regulatory Affairs, and an agency or person 
not employed by the Federal Government concerning a proposed collection 
of information shall be made available to the public.
    (3) This subsection shall not require the disclosure of--
        (A) any information which is protected at all times by 
    procedures established for information which has been specifically 
    authorized under criteria established by an Executive order or an 
    Act of Congress to be kept secret in the interest of national 
    defense or foreign policy; or
        (B) any communication relating to a collection of information 
    which is not approved under this subchapter, the disclosure of which 
    could lead to retaliation or discrimination against the 
    communicator.

    (f)(1) An independent regulatory agency which is administered by 2 
or more members of a commission, board, or similar body, may by majority 
vote void--
        (A) any disapproval by the Director, in whole or in part, of a 
    proposed collection of information of that agency; or
        (B) an exercise of authority under subsection (d) of section 
    3507 concerning that agency.

    (2) The agency shall certify each vote to void such disapproval or 
exercise to the Director, and explain the reasons for such vote. The 
Director shall without further delay assign a control number to such 
collection of information, and such vote to void the disapproval or 
exercise shall be valid for a period of 3 years.
    (g) The Director may not approve a collection of information for a 
period in excess of 3 years.
    (h)(1) If an agency decides to seek extension of the Director's 
approval granted for a currently approved collection of information, the 
agency shall--
        (A) conduct the review established under section 3506(c), 
    including the seeking of comment from the public on the continued 
    need for, and burden imposed by the collection of information; and
        (B) after having made a reasonable effort to seek public 
    comment, but no later than 60 days before the expiration date of the 
    control number assigned by the Director for the currently approved 
    collection of information, submit the collection of information for 
    review and approval under this section, which shall include an 
    explanation of how the agency has used the information that it has 
    collected.

    (2) If under the provisions of this section, the Director 
disapproves a collection of information contained in an existing rule, 
or recommends or instructs the agency to make a substantive or material 
change to a collection of information contained in an existing rule, the 
Director shall--
        (A) publish an explanation thereof in the Federal Register; and
        (B) instruct the agency to undertake a rulemaking within a 
    reasonable time limited to consideration of changes to the 
    collection of information contained in the rule and thereafter to 
    submit the collection of information for approval or disapproval 
    under this subchapter.

    (3) An agency may not make a substantive or material modification to 
a collection of information after such collection has been approved by 
the Director, unless the modification has been submitted to the Director 
for review and approval under this subchapter.
    (i)(1) If the Director finds that a senior official of an agency 
designated under section 3506(a) is sufficiently independent of program 
responsibility to evaluate fairly whether proposed collections of 
information should be approved and has sufficient resources to carry out 
this responsibility effectively, the Director may, by rule in accordance 
with the notice and comment provisions of chapter 5 of title 5, United 
States Code, delegate to such official the authority to approve proposed 
collections of information in specific program areas, for specific 
purposes, or for all agency purposes.
    (2) A delegation by the Director under this section shall not 
preclude the Director from reviewing individual collections of 
information if the Director determines that circumstances warrant such a 
review. The Director shall retain authority to revoke such delegations, 
both in general and with regard to any specific matter. In acting for 
the Director, any official to whom approval authority has been delegated 
under this section shall comply fully with the rules and regulations 
promulgated by the Director.
    (j)(1) The agency head may request the Director to authorize a 
collection of information, if an agency head determines that--
        (A) a collection of information--
            (i) is needed prior to the expiration of time periods 
        established under this subchapter; and
            (ii) is essential to the mission of the agency; and

        (B) the agency cannot reasonably comply with the provisions of 
    this subchapter because--
            (i) public harm is reasonably likely to result if normal 
        clearance procedures are followed;
            (ii) an unanticipated event has occurred; or
            (iii) the use of normal clearance procedures is reasonably 
        likely to prevent or disrupt the collection of information or is 
        reasonably likely to cause a statutory or court ordered deadline 
        to be missed.

    (2) The Director shall approve or disapprove any such authorization 
request within the time requested by the agency head and, if approved, 
shall assign the collection of information a control number. Any 
collection of information conducted under this subsection may be 
conducted without compliance with the provisions of this subchapter for 
a maximum of 180 days after the date on which the Director received the 
request to authorize such collection.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 176; amended Pub. 
L. 104-106, div. E, title LVI, Sec. 5605(d), Feb. 10, 1996, 110 Stat. 
700; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3507, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2819; amended Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 817], Oct. 18, 1986, 100 Stat. 1783-308, 1783-338, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 817], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-338, related to submission to Director of public information 
collection request for an approval or delegation to a senior official of 
an agency prior to the general amendment of this chapter by Pub. L. 104-
13.
    Another prior section 3507, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1304, provided for cooperation of agencies in making information 
available, prior to the general amendment of this chapter by Pub. L. 96-
511. See section 3510(a) of this title.


                               Amendments

    2000--Subsecs. (e)(3)(B), (h), (j). Pub. L. 106-398 substituted 
``subchapter'' for ``chapter'' wherever appearing.
    1996--Subsec. (j)(2). Pub. L. 104-106 substituted ``180 days'' for 
``90 days''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.


Sec. 3508. Determination of necessity for information; hearing

    Before approving a proposed collection of information, the Director 
shall determine whether the collection of information by the agency is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility. Before 
making a determination the Director may give the agency and other 
interested persons an opportunity to be heard or to submit statements in 
writing. To the extent, if any, that the Director determines that the 
collection of information by an agency is unnecessary for any reason, 
the agency may not engage in the collection of information.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 179.)


                            Prior Provisions

    A prior section 3508, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2821, related to determination of whether collection of 
information is necessary for proper performance of functions of agency 
prior to the general amendment of this chapter by Pub. L. 104-13.
    Another prior section 3508, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1304, related to unlawful disclosure of information, penalties, and 
release of information to other agencies, prior to the general amendment 
of this chapter by Pub. L. 96-511. See section 3510(b) of this title.


Sec. 3509. Designation of central collection agency

    The Director may designate a central collection agency to obtain 
information for two or more agencies if the Director determines that the 
needs of such agencies for information will be adequately served by a 
single collection agency, and such sharing of data is not inconsistent 
with applicable law. In such cases the Director shall prescribe (with 
reference to the collection of information) the duties and functions of 
the collection agency so designated and of the agencies for which it is 
to act as agent (including reimbursement for costs). While the 
designation is in effect, an agency covered by the designation may not 
obtain for itself information for the agency which is the duty of the 
collection agency to obtain. The Director may modify the designation 
from time to time as circumstances require. The authority to designate 
under this section is subject to the provisions of section 3507(f) of 
this subchapter.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3509, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2821, related to designation of central collection agency 
prior to the general amendment of this chapter by Pub. L. 104-13.
    Another prior section 3509, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1304, related to plans or forms for collecting information, submission 
to Director, and his approval, prior to the general amendment of this 
chapter by Pub. L. 96-511.


                               Amendments

    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


Sec. 3510. Cooperation of agencies in making information 
        available
        
    (a) The Director may direct an agency to make available to another 
agency, or an agency may make available to another agency, information 
obtained by a collection of information if the disclosure is not 
inconsistent with applicable law.
    (b)(1) If information obtained by an agency is released by that 
agency to another agency, all the provisions of law (including 
penalties) that relate to the unlawful disclosure of information apply 
to the officers and employees of the agency to which information is 
released to the same extent and in the same manner as the provisions 
apply to the officers and employees of the agency which originally 
obtained the information.
    (2) The officers and employees of the agency to which the 
information is released, in addition, shall be subject to the same 
provisions of law, including penalties, relating to the unlawful 
disclosure of information as if the information had been collected 
directly by that agency.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180.)


                            Prior Provisions

    A prior section 3510, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2822, related to cooperation of agencies in making 
information available prior to the general amendment of this chapter by 
Pub. L. 104-13.
    Another prior section 3510, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1305, authorized promulgation of rules and regulations, prior to the 
general amendment of this chapter by Pub. L. 96-511. See section 3516 of 
this title.


Sec. 3511. Establishment and operation of Government Information 
        Locator Service
        
    (a) In order to assist agencies and the public in locating 
information and to promote information sharing and equitable access by 
the public, the Director shall--
        (1) cause to be established and maintained a distributed agency-
    based electronic Government Information Locator Service (hereafter 
    in this section referred to as the ``Service''), which shall 
    identify the major information systems, holdings, and dissemination 
    products of each agency;
        (2) require each agency to establish and maintain an agency 
    information locator service as a component of, and to support the 
    establishment and operation of the Service;
        (3) in cooperation with the Archivist of the United States, the 
    Administrator of General Services, the Public Printer, and the 
    Librarian of Congress, establish an interagency committee to advise 
    the Secretary of Commerce on the development of technical standards 
    for the Service to ensure compatibility, promote information 
    sharing, and uniform access by the public;
        (4) consider public access and other user needs in the 
    establishment and operation of the Service;
        (5) ensure the security and integrity of the Service, including 
    measures to ensure that only information which is intended to be 
    disclosed to the public is disclosed through the Service; and
        (6) periodically review the development and effectiveness of the 
    Service and make recommendations for improvement, including other 
    mechanisms for improving public access to Federal agency public 
    information.

    (b) This section shall not apply to operational files as defined by 
the Central Intelligence Agency Information Act (50 U.S.C. 431 et seq.).

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180.)

                       References in Text

    The Central Intelligence Agency Information Act, referred to in 
subsec. (b), is Pub. L. 98-477, Oct. 15, 1984, 98 Stat. 2209, which is 
classified principally to subchapter V (Sec. 431 et seq.) of chapter 15 
of Title 50, War and National Defense. For complete classification of 
this Act to the Code, see Short Title of 1984 Amendment note set out 
under section 401 of Title 50 and Tables.


                            Prior Provisions

    A prior section 3511, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2822; amended Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 818], Oct. 18, 1986, 100 Stat. 1783-308, 1783-339, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 818], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-339, related to establishment and operation of a Federal 
Information Locator System prior to the general amendment of this 
chapter by Pub. L. 104-13.
    Another prior section 3511, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1305, provided for penalty for failure to furnish information, prior to 
the general amendment of this chapter by Pub. L. 96-511.


Sec. 3512. Public protection

    (a) Notwithstanding any other provision of law, no person shall be 
subject to any penalty for failing to comply with a collection of 
information that is subject to this subchapter if--
        (1) the collection of information does not display a valid 
    control number assigned by the Director in accordance with this 
    subchapter; or
        (2) the agency fails to inform the person who is to respond to 
    the collection of information that such person is not required to 
    respond to the collection of information unless it displays a valid 
    control number.

    (b) The protection provided by this section may be raised in the 
form of a complete defense, bar, or otherwise at any time during the 
agency administrative process or judicial action applicable thereto.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3512, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2822, related to protection of persons failing to 
maintain or provide information if information collection request did 
not display current control number prior to the general amendment of 
this chapter by Pub. L. 104-13.
    Another prior section 3512, added Pub. L. 93-153, title IV, 
Sec. 409(b), Nov. 16, 1973, 87 Stat. 593, related to information for 
independent regulatory agencies, prior to the general amendment of this 
chapter by Pub. L. 96-511.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398 substituted ``subchapter'' for 
``chapter'' in introductory provisions and par. (1).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


Sec. 3513. Director review of agency activities; reporting; 
        agency response
        
    (a) In consultation with the Administrator of General Services, the 
Archivist of the United States, the Director of the National Institute 
of Standards and Technology, and the Director of the Office of Personnel 
Management, the Director shall periodically review selected agency 
information resources management activities to ascertain the efficiency 
and effectiveness of such activities to improve agency performance and 
the accomplishment of agency missions.
    (b) Each agency having an activity reviewed under subsection (a) 
shall, within 60 days after receipt of a report on the review, provide a 
written plan to the Director describing steps (including milestones) 
to--
        (1) be taken to address information resources management 
    problems identified in the report; and
        (2) improve agency performance and the accomplishment of agency 
    missions.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181.)


                            Prior Provisions

    A prior section 3513, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2822; amended Pub. L. 98-497, title I, Sec. 107(b)(27), 
Oct. 19, 1984, 98 Stat. 2291, related to periodic review of agency 
activities by Director and report of review and agency response to it 
prior to the general amendment of this chapter by Pub. L. 104-13.


Sec. 3514. Responsiveness to Congress

    (a)(1) The Director shall--
        (A) keep the Congress and congressional committees fully and 
    currently informed of the major activities under this subchapter; 
    and
        (B) submit a report on such activities to the President of the 
    Senate and the Speaker of the House of Representatives annually and 
    at such other times as the Director determines necessary.

    (2) The Director shall include in any such report a description of 
the extent to which agencies have--
        (A) reduced information collection burdens on the public, 
    including--
            (i) a summary of accomplishments and planned initiatives to 
        reduce collection of information burdens;
            (ii) a list of all violations of this subchapter and of any 
        rules, guidelines, policies, and procedures issued pursuant to 
        this subchapter;
            (iii) a list of any increase in the collection of 
        information burden, including the authority for each such 
        collection; and
            (iv) a list of agencies that in the preceding year did not 
        reduce information collection burdens in accordance with section 
        3505(a)(1), a list of the programs and statutory 
        responsibilities of those agencies that precluded that 
        reduction, and recommendations to assist those agencies to 
        reduce information collection burdens in accordance with that 
        section;

        (B) improved the quality and utility of statistical information;
        (C) improved public access to Government information; and
        (D) improved program performance and the accomplishment of 
    agency missions through information resources management.

    (b) The preparation of any report required by this section shall be 
based on performance results reported by the agencies and shall not 
increase the collection of information burden on persons outside the 
Federal Government.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3514, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2823, and Pub. L. 99-500, Sec. 101(m) [title VIII, 
Sec. 819], Oct. 18, 1986, 100 Stat. 1783-308, 1783-339, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 819], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-339, related to requirement that Director keep Congress fully 
informed prior to the general amendment of this chapter by Pub. L. 104-
13.


                               Amendments

    2000--Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106-398 substituted 
``subchapter'' for ``chapter'' wherever appearing.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which the 
8th item on page 41 identifies an annual reporting requirement which, as 
subsequently amended, is contained in subsec. (a) 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.


Sec. 3515. Administrative powers

    Upon the request of the Director, each agency (other than an 
independent regulatory agency) shall, to the extent practicable, make 
its services, personnel, and facilities available to the Director for 
the performance of functions under this subchapter.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3515, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2824, related to availability of agency services, 
personnel, and facilities prior to the general amendment of this chapter 
by Pub. L. 104-13.


                               Amendments

    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


Sec. 3516. Rules and regulations

    The Director shall promulgate rules, regulations, or procedures 
necessary to exercise the authority provided by this subchapter.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3516, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2824, related to rules and regulations prior to the 
general amendment of this chapter by Pub. L. 104-13.


                               Amendments

    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                    Policy and Procedural Guidelines

    Pub. L. 106-554, Sec. 1(a)(3) [title V, Sec. 515], Dec. 21, 2000, 
114 Stat. 2763, 2763A-153, provided that:
    ``(a) In General.--The Director of the Office of Management and 
Budget shall, by not later than September 30, 2001, and with public and 
Federal agency involvement, issue guidelines under sections 3504(d)(1) 
and 3516 of title 44, United States Code, that provide policy and 
procedural guidance to Federal agencies for ensuring and maximizing the 
quality, objectivity, utility, and integrity of information (including 
statistical information) disseminated by Federal agencies in fulfillment 
of the purposes and provisions of chapter 35 of title 44, United States 
Code, commonly referred to as the Paperwork Reduction Act.
    ``(b) Content of Guidelines.--The guidelines under subsection (a) 
shall--
        ``(1) apply to the sharing by Federal agencies of, and access 
    to, information disseminated by Federal agencies; and
        ``(2) require that each Federal agency to which the guidelines 
    apply--
            ``(A) issue guidelines ensuring and maximizing the quality, 
        objectivity, utility, and integrity of information (including 
        statistical information) disseminated by the agency, by not 
        later than 1 year after the date of issuance of the guidelines 
        under subsection (a);
            ``(B) establish administrative mechanisms allowing affected 
        persons to seek and obtain correction of information maintained 
        and disseminated by the agency that does not comply with the 
        guidelines issued under subsection (a); and
            ``(C) report periodically to the Director--
                ``(i) the number and nature of complaints received by 
            the agency regarding the accuracy of information 
            disseminated by the agency; and
                ``(ii) how such complaints were handled by the agency.''


Sec. 3517. Consultation with other agencies and the public

    (a) In developing information resources management policies, plans, 
rules, regulations, procedures, and guidelines and in reviewing 
collections of information, the Director shall provide interested 
agencies and persons early and meaningful opportunity to comment.
    (b) Any person may request the Director to review any collection of 
information conducted by or for an agency to determine, if, under this 
subchapter, a person shall maintain, provide, or disclose the 
information to or for the agency. Unless the request is frivolous, the 
Director shall, in coordination with the agency responsible for the 
collection of information--
        (1) respond to the request within 60 days after receiving the 
    request, unless such period is extended by the Director to a 
    specified date and the person making the request is given notice of 
    such extension; and
        (2) take appropriate remedial action, if necessary.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended Pub. 
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-275.)


                            Prior Provisions

    A prior section 3517, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2824, related to consultation with other agencies and the 
public prior to the general amendment of this chapter by Pub. L. 104-13.


                               Amendments

    2000--Subsec. (b). Pub. L. 106-398 substituted ``subchapter'' for 
``chapter'' in introductory provisions.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


Sec. 3518. Effect on existing laws and regulations

    (a) Except as otherwise provided in this subchapter, the authority 
of an agency under any other law to prescribe policies, rules, 
regulations, and procedures for Federal information resources management 
activities is subject to the authority of the Director under this 
subchapter.
    (b) Nothing in this subchapter shall be deemed to affect or reduce 
the authority of the Secretary of Commerce or the Director of the Office 
of Management and Budget pursuant to Reorganization Plan No. 1 of 1977 
(as amended) and Executive order, relating to telecommunications and 
information policy, procurement and management of telecommunications and 
information systems, spectrum use, and related matters.
    (c)(1) Except as provided in paragraph (2), this subchapter shall 
not apply to the collection of information--
        (A) during the conduct of a Federal criminal investigation or 
    prosecution, or during the disposition of a particular criminal 
    matter;
        (B) during the conduct of--
            (i) a civil action to which the United States or any 
        official or agency thereof is a party; or
            (ii) an administrative action or investigation involving an 
        agency against specific individuals or entities;

        (C) by compulsory process pursuant to the Antitrust Civil 
    Process Act and section 13 of the Federal Trade Commission 
    Improvements Act of 1980; or
        (D) during the conduct of intelligence activities as defined in 
    section 3.4(e) of Executive Order No. 12333, issued December 4, 
    1981, or successor orders, or during the conduct of cryptologic 
    activities that are communications security activities.

    (2) This subchapter applies to the collection of information during 
the conduct of general investigations (other than information collected 
in an antitrust investigation to the extent provided in subparagraph (C) 
of paragraph (1)) undertaken with reference to a category of individuals 
or entities such as a class of licensees or an entire industry.
    (d) Nothing in this subchapter shall be interpreted as increasing or 
decreasing the authority conferred by sections 11331 and 11332 \1\ of 
title 40 on the Secretary of Commerce or the Director of the Office of 
Management and Budget.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (e) Nothing in this subchapter shall be interpreted as increasing or 
decreasing the authority of the President, the Office of Management and 
Budget or the Director thereof, under the laws of the United States, 
with respect to the substantive policies and programs of departments, 
agencies and offices, including the substantive authority of any Federal 
agency to enforce the civil rights laws.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183; amended Pub. 
L. 104-106, div. E, title LI, Sec. 5131(e)(2), Feb. 10, 1996, 110 Stat. 
688; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(C), Nov. 18, 1997, 
111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-
217, Sec. 3(l)(7), Aug. 21, 2002, 116 Stat. 1302.)

                       References in Text

    Reorganization Plan No. 1 of 1977, referred to in subsec. (b), is 
set out in the Appendix to Title 5, Government Organization and 
Employees.
    Executive order, referred to in subsec. (b), probably means Ex. Ord. 
No. 12046, Mar. 27, 1978, 43 F.R. 13349, which is set out as a note 
under section 305 of Title 47, Telegraphs, Telephones, and 
Radiotelegraphs.
    The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), 
is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is 
classified generally to chapter 34 (Sec. 1311 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 1311 of Title 15 and Tables.
    Section 13 of the Federal Trade Commission Improvements Act of 1980, 
referred to in subsec. (c)(1)(C), is classified to section 57b-1 of 
Title 15.
    Executive Order No. 12333, referred to in subsec. (c)(1)(D), is Ex. 
Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note 
under section 401 of Title 50, War and National Defense.
    Section 11332 of title 40, referred to in subsec. (d), was repealed 
by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25, 2002, 116 Stat. 
2272, and Pub. L. 107-347, title III, Sec. 305(a), Dec. 17, 2002, 116 
Stat. 2960.
    The civil rights laws, referred to in subsec. (e), are classified 
generally to chapter 21 (Sec. 1981 et seq.) of Title 42, The Public 
Health and Welfare.


                            Prior Provisions

    A prior section 3518, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2824, related to the effect on existing laws and 
regulations prior to the general amendment of this chapter by Pub. L. 
104-13.


                               Amendments

    2002--Subsec. (d). Pub. L. 107-217 substituted ``sections 11331 and 
11332 of title 40'' for ``section 5131 of the Clinger-Cohen Act of 1996 
(40 U.S.C. 1441) and the Computer Security Act of 1987 (40 U.S.C. 759 
note)''.
    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter'' 
wherever appearing.
    1997--Subsec. (d). Pub. L. 105-85 substituted ``Clinger-Cohen Act of 
1996 (40 U.S.C. 1441)'' for ``Information Technology Management Reform 
Act of 1996''.
    1996--Subsec. (d). Pub. L. 104-106 substituted ``section 5131 of the 
Information Technology Management Reform Act of 1996 and the Computer 
Security Act of 1987 (40 U.S.C. 759 note) on the Secretary of Commerce 
or'' for ``Public Law 89-306 on the Administrator of the General 
Services Administration, the Secretary of Commerce, or''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.


Sec. 3519. Access to information

    Under the conditions and procedures prescribed in section 716 of 
title 31, the Director and personnel in the Office of Information and 
Regulatory Affairs shall furnish such information as the Comptroller 
General may require for the discharge of the responsibilities of the 
Comptroller General. For the purpose of obtaining such information, the 
Comptroller General or representatives thereof shall have access to all 
books, documents, papers and records, regardless of form or format, of 
the Office.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183.)


                            Prior Provisions

    A prior section 3519, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2825; amended Pub. L. 97-258, Sec. 3(m)(3), Sept. 13, 
1982, 96 Stat. 1066, related to access to information prior to the 
general amendment of this chapter by Pub. L. 104-13.


Sec. 3520. Establishment of task force on information collection 
        and dissemination
        
    (a) There is established a task force to study the feasibility of 
streamlining requirements with respect to small business concerns 
regarding collection of information and strengthening dissemination of 
information (in this section referred to as the ``task force'').
    (b)(1) The Director shall determine--
        (A) subject to the minimum requirements under paragraph (2), the 
    number of representatives to be designated under each subparagraph 
    of that paragraph; and
        (B) the agencies to be represented under paragraph (2)(K).

    (2) After all determinations are made under paragraph (1), the 
members of the task force shall be designated by the head of each 
applicable department or agency, and include--
        (A) 1 representative of the Director, who shall convene and 
    chair the task force;
        (B) not less than 2 representatives of the Department of Labor, 
    including 1 representative of the Bureau of Labor Statistics and 1 
    representative of the Occupational Safety and Health Administration;
        (C) not less than 1 representative of the Environmental 
    Protection Agency;
        (D) not less than 1 representative of the Department of 
    Transportation;
        (E) not less than 1 representative of the Office of Advocacy of 
    the Small Business Administration;
        (F) not less than 1 representative of the Internal Revenue 
    Service;
        (G) not less than 2 representatives of the Department of Health 
    and Human Services, including 1 representative of the Centers for 
    Medicare and Medicaid Services;
        (H) not less than 1 representative of the Department of 
    Agriculture;
        (I) not less than 1 representative of the Department of the 
    Interior;
        (J) not less than 1 representative of the General Services 
    Administration; and
        (K) not less than 1 representative of each of 2 agencies not 
    represented by representatives described under subparagraphs (A) 
    through (J).

    (c) The task force shall--
        (1) identify ways to integrate the collection of information 
    across Federal agencies and programs and examine the feasibility and 
    desirability of requiring each agency to consolidate requirements 
    regarding collections of information with respect to small business 
    concerns within and across agencies, without negatively impacting 
    the effectiveness of underlying laws and regulations regarding such 
    collections of information, in order that each small business 
    concern may submit all information required by the agency--
            (A) to 1 point of contact in the agency;
            (B) in a single format, such as a single electronic 
        reporting system, with respect to the agency; and
            (C) with synchronized reporting for information submissions 
        having the same frequency, such as synchronized quarterly, 
        semiannual, and annual reporting dates;

        (2) examine the feasibility and benefits to small businesses of 
    publishing a list by the Director of the collections of information 
    applicable to small business concerns (as defined in section 3 of 
    the Small Business Act (15 U.S.C. 632)), organized--
            (A) by North American Industry Classification System code;
            (B) by industrial sector description; or
            (C) in another manner by which small business concerns can 
        more easily identify requirements with which those small 
        business concerns are expected to comply;

        (3) examine the savings, including cost savings, and develop 
    recommendations for implementing--
            (A) systems for electronic submissions of information to the 
        Federal Government; and
            (B) interactive reporting systems, including components that 
        provide immediate feedback to assure that data being submitted--
                (i) meet requirements of format; and
                (ii) are within the range of acceptable options for each 
            data field;

        (4) make recommendations to improve the electronic dissemination 
    of information collected under Federal requirements;
        (5) recommend a plan for the development of an interactive 
    Governmentwide system, available through the Internet, to allow each 
    small business to--
            (A) better understand which Federal requirements regarding 
        collection of information (and, when possible, which other 
        Federal regulatory requirements) apply to that particular 
        business; and
            (B) more easily comply with those Federal requirements; and

        (6) in carrying out this section, consider opportunities for the 
    coordination--
            (A) of Federal and State reporting requirements; and
            (B) among the points of contact described under section 
        3506(i), such as to enable agencies to provide small business 
        concerns with contacts for information collection requirements 
        for other agencies.

    (d) The task force shall--
        (1) by publication in the Federal Register, provide notice and 
    an opportunity for public comment on each report in draft form; and
        (2) make provision in each report for the inclusion of--
            (A) any additional or dissenting views of task force 
        members; and
            (B) a summary of significant public comments.

    (e) Not later than 1 year after the date of enactment of the Small 
Business Paperwork Relief Act of 2002, the task force shall submit a 
report of its findings under subsection (c) (1), (2), and (3) to--
        (1) the Director;
        (2) the chairpersons and ranking minority members of--
            (A) the Committee on Governmental Affairs and the Committee 
        on Small Business and Entrepreneurship of the Senate; and
            (B) the Committee on Government Reform and the Committee on 
        Small Business of the House of Representatives; and

        (3) the Small Business and Agriculture Regulatory Enforcement 
    Ombudsman designated under section 30(b) of the Small Business Act 
    (15 U.S.C. 657(b)).

    (f) Not later than 2 years after the date of enactment of the Small 
Business Paperwork Relief Act of 2002, the task force shall submit a 
report of its findings under subsection (c) (4) and (5) to--
        (1) the Director;
        (2) the chairpersons and ranking minority members of--
            (A) the Committee on Governmental Affairs and the Committee 
        on Small Business and Entrepreneurship of the Senate; and
            (B) the Committee on Government Reform and the Committee on 
        Small Business of the House of Representatives; and

        (3) the Small Business and Agriculture Regulatory Enforcement 
    Ombudsman designated under section 30(b) of the Small Business Act 
    (15 U.S.C. 657(b)).

    (g) The task force shall terminate after completion of its work.
    (h) In this section, the term ``small business concern'' has the 
meaning given under section 3 of the Small Business Act (15 U.S.C. 632).

(Added Pub. L. 107-198, Sec. 3(a)(2), June 28, 2002, 116 Stat. 730.)

                       References in Text

    The date of enactment of the Small Business Paperwork Relief Act of 
2002, referred to in subsecs. (e) and (f), is the date of enactment of 
Pub. L. 107-198, which was approved June 28, 2002.


                            Prior Provisions

    A prior section 3520 was renumbered section 3521 of this title.
    Another prior section 3520, added Pub. L. 96-511, Sec. 2(a), Dec. 
11, 1980, 94 Stat. 2825; amended Pub. L. 99-500, Sec. 101(m) [title 
VIII, Sec. 820], Oct. 18, 1986, 100 Stat. 1783-308, 1783-340, and Pub. 
L. 99-591, Sec. 101(m) [title VIII, Sec. 820], Oct. 30, 1986, 100 Stat. 
3341-308, 3341-340, related to authorization of appropriations prior to 
the general amendment of this chapter by Pub. L. 104-13.

                         Change of Name

    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.
    Committee on Government Reform of House of Representatives changed 
to Committee on Oversight and Government Reform of House of 
Representatives by House Resolution No. 6, One Hundred Tenth Congress, 
Jan. 5, 2007.


Sec. 3521. Authorization of appropriations

    There are authorized to be appropriated to the Office of Information 
and Regulatory Affairs to carry out the provisions of this subchapter, 
and for no other purpose, $8,000,000 for each of the fiscal years 1996, 
1997, 1998, 1999, 2000, and 2001.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 184, Sec. 3520; 
amended Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-275; renumbered Sec. 3521, Pub. L. 107-
198, Sec. 3(a)(1), June 28, 2002, 116 Stat. 730.)


                               Amendments

    2002--Pub. L. 107-198 renumbered section 3520 of this title as this 
section.
    2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000, 
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out 
as an Effective Date note under section 3531 of this title.


                             Effective Date

    Section effective May 22, 1995, see section 4 of Pub. L. 104-13, set 
out as a note under section 3501 of this title.


                   SUBCHAPTER II--INFORMATION SECURITY

                       Applicability of Subchapter

        This subchapter not to apply while subchapter III of this 
    chapter is in effect, see section 3549 of this title.


                               Amendments

    2002--Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2259, reenacted subchapter heading without change.


Sec. 3531. Purposes

    The purposes of this subchapter are to--
        (1) provide a comprehensive framework for ensuring the 
    effectiveness of information security controls over information 
    resources that support Federal operations and assets;
        (2) recognize the highly networked nature of the current Federal 
    computing environment and provide effective governmentwide 
    management and oversight of the related information security risks, 
    including coordination of information security efforts throughout 
    the civilian, national security, and law enforcement communities;
        (3) provide for development and maintenance of minimum controls 
    required to protect Federal information and information systems;
        (4) provide a mechanism for improved oversight of Federal agency 
    information security programs;
        (5) acknowledge that commercially developed information security 
    products offer advanced, dynamic, robust, and effective information 
    security solutions, reflecting market solutions for the protection 
    of critical information infrastructures important to the national 
    defense and economic security of the nation that are designed, 
    built, and operated by the private sector; and
        (6) recognize that the selection of specific technical hardware 
    and software information security solutions should be left to 
    individual agencies from among commercially developed products.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2259.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.


                            Prior Provisions

    A prior section 3531, added Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, set forth 
purposes of this subchapter prior to the general amendment of this 
subchapter by Pub. L. 107-296.


                             Effective Date

    Subchapter effective 60 days after Nov. 25, 2002, see section 4 of 
Pub. L. 107-296, set out as a note under section 101 of Title 6, 
Domestic Security.
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1065], Oct. 30, 
2000, 114 Stat. 1654, 1654A-275, which provided that subtitle G 
(Sec. Sec. 1061-1065) of title X of [div. A] of H.R. 5408, as enacted by 
section 1 of Pub. L. 106-398, enacting this subchapter, amending 
sections 3501 to 3507, 3509, 3512, 3514 to 3518, and 3520 of this title, 
and section 2224 of Title 10, Armed Forces, and enacting provisions 
formerly set out as a note below , would take effect 30 days after Oct. 
30, 2000, was repealed by Pub. L. 107-296, title X, Sec. 1005(b), Nov. 
25, 2002, 116 Stat. 2272.


                  Responsibilities of Certain Agencies

    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1062], Oct. 30, 
2000, 114 Stat. 1654, 1654A-272, which set forth responsibilities of 
Department of Commerce, Department of Defense, Intelligence Community, 
Department of Justice, General Services Administration, and Office of 
Personnel Management relating to development, issuance, review, and 
updating of information security policies, principles, standards, and 
guidelines, including assessment of training and personnel needs, was 
repealed by Pub. L. 107-296, title X, Sec. 1005(b), Nov. 25, 2002, 116 
Stat. 2272, and Pub. L. 107-347, title III, Sec. 305(b), Dec. 17, 2002, 
116 Stat. 2960.


Sec. 3532. Definitions

    (a) In General.--Except as provided under subsection (b), the 
definitions under section 3502 shall apply to this subchapter.
    (b) Additional Definitions.--As used in this subchapter--
        (1) the term ``information security'' means protecting 
    information and information systems from unauthorized access, use, 
    disclosure, disruption, modification, or destruction in order to 
    provide--
            (A) integrity, which means guarding against improper 
        information modification or destruction, and includes ensuring 
        information nonrepudiation and authenticity;
            (B) confidentiality, which means preserving authorized 
        restrictions on access and disclosure, including means for 
        protecting personal privacy and proprietary information;
            (C) availability, which means ensuring timely and reliable 
        access to and use of information; and
            (D) authentication, which means utilizing digital 
        credentials to assure the identity of users and validate their 
        access;

        (2) the term ``national security system'' means any information 
    system (including any telecommunications system) used or operated by 
    an agency or by a contractor of an agency, or other organization on 
    behalf of an agency, the function, operation, or use of which--
            (A) involves intelligence activities;
            (B) involves cryptologic activities related to national 
        security;
            (C) involves command and control of military forces;
            (D) involves equipment that is an integral part of a weapon 
        or weapons system; or
            (E) is critical to the direct fulfillment of military or 
        intelligence missions provided that this definition does not 
        apply to a system that is used for routine administrative and 
        business applications (including payroll, finance, logistics, 
        and personnel management applications);

        (3) the term ``information technology'' has the meaning given 
    that term in section 11101 of title 40; and
        (4) the term ``information system'' means any equipment or 
    interconnected system or subsystems of equipment that is used in the 
    automatic acquisition, storage, manipulation, management, movement, 
    control, display, switching, interchange, transmission, or reception 
    of data or information, and includes--
            (A) computers and computer networks;
            (B) ancillary equipment;
            (C) software, firmware, and related procedures;
            (D) services, including support services; and
            (E) related resources.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2260.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.


                            Prior Provisions

    A prior section 3532, added Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, related to 
definitions applicable to this subchapter prior to the general amendment 
of this subchapter by Pub. L. 107-296.


Sec. 3533. Authority and functions of the Director

    (a) The Director shall oversee agency information security policies 
and practices, by--
        (1) promulgating information security standards under section 
    11331 of title 40;
        (2) overseeing the implementation of policies, principles, 
    standards, and guidelines on information security;
        (3) requiring agencies, consistent with the standards 
    promulgated under such section 11331 and the requirements of this 
    subchapter, to identify and provide information security protections 
    commensurate with the risk and magnitude of the harm resulting from 
    the unauthorized access, use, disclosure, disruption, modification, 
    or destruction of--
            (A) information collected or maintained by or on behalf of 
        an agency; or
            (B) information systems used or operated by an agency or by 
        a contractor of an agency or other organization on behalf of an 
        agency;

        (4) coordinating the development of standards and guidelines 
    under section 20 of the National Institute of Standards and 
    Technology Act (15 U.S.C. 278g-3) with agencies and offices 
    operating or exercising control of national security systems 
    (including the National Security Agency) to assure, to the maximum 
    extent feasible, that such standards and guidelines are 
    complementary with standards and guidelines developed for national 
    security systems;
        (5) overseeing agency compliance with the requirements of this 
    subchapter, including through any authorized action under section 
    11303(b)(5) of title 40, to enforce accountability for compliance 
    with such requirements;
        (6) reviewing at least annually, and approving or disapproving, 
    agency information security programs required under section 3534(b);
        (7) coordinating information security policies and procedures 
    with related information resources management policies and 
    procedures; and
        (8) reporting to Congress no later than March 1 of each year on 
    agency compliance with the requirements of this subchapter, 
    including--
            (A) a summary of the findings of evaluations required by 
        section 3535;
            (B) significant deficiencies in agency information security 
        practices;
            (C) planned remedial action to address such deficiencies; 
        and
            (D) a summary of, and the views of the Director on, the 
        report prepared by the National Institute of Standards and 
        Technology under section 20(d)(9) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278g-3).

    (b) Except for the authorities described in paragraphs (4) and (7) 
of subsection (a), the authorities of the Director under this section 
shall not apply to national security systems.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2261.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.


                            Prior Provisions

    A prior section 3533, added Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, set forth 
authority and functions of the Director prior to the general amendment 
of this subchapter by Pub. L. 107-296.


Sec. 3534. Federal agency responsibilities

    (a) The head of each agency shall--
        (1) be responsible for--
            (A) providing information security protections commensurate 
        with the risk and magnitude of the harm resulting from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction of--
                (i) information collected or maintained by or on behalf 
            of the agency; and
                (ii) information systems used or operated by an agency 
            or by a contractor of an agency or other organization on 
            behalf of an agency;

            (B) complying with the requirements of this subchapter and 
        related policies, procedures, standards, and guidelines, 
        including--
                (i) information security standards promulgated by the 
            Director under section 11331 of title 40; and
                (ii) information security standards and guidelines for 
            national security systems issued in accordance with law and 
            as directed by the President; and

            (C) ensuring that information security management processes 
        are integrated with agency strategic and operational planning 
        processes;

        (2) ensure that senior agency officials provide information 
    security for the information and information systems that support 
    the operations and assets under their control, including through--
            (A) assessing the risk and magnitude of the harm that could 
        result from the unauthorized access, use, disclosure, 
        disruption, modification, or destruction of such information or 
        information systems;
            (B) determining the levels of information security 
        appropriate to protect such information and information systems 
        in accordance with standards promulgated under section 11331 of 
        title 40 for information security classifications and related 
        requirements;
            (C) implementing policies and procedures to cost-effectively 
        reduce risks to an acceptable level; and
            (D) periodically testing and evaluating information security 
        controls and techniques to ensure that they are effectively 
        implemented;

        (3) delegate to the agency Chief Information Officer established 
    under section 3506 (or comparable official in an agency not covered 
    by such section) the authority to ensure compliance with the 
    requirements imposed on the agency under this subchapter, 
    including--
            (A) designating a senior agency information security officer 
        who shall--
                (i) carry out the Chief Information Officer's 
            responsibilities under this section;
                (ii) possess professional qualifications, including 
            training and experience, required to administer the 
            functions described under this section;
                (iii) have information security duties as that 
            official's primary duty; and
                (iv) head an office with the mission and resources to 
            assist in ensuring agency compliance with this section;

            (B) developing and maintaining an agencywide information 
        security program as required by subsection (b);
            (C) developing and maintaining information security 
        policies, procedures, and control techniques to address all 
        applicable requirements, including those issued under section 
        3533 of this title, and section 11331 of title 40;
            (D) training and overseeing personnel with significant 
        responsibilities for information security with respect to such 
        responsibilities; and
            (E) assisting senior agency officials concerning their 
        responsibilities under paragraph (2);

        (4) ensure that the agency has trained personnel sufficient to 
    assist the agency in complying with the requirements of this 
    subchapter and related policies, procedures, standards, and 
    guidelines; and
        (5) ensure that the agency Chief Information Officer, in 
    coordination with other senior agency officials, reports annually to 
    the agency head on the effectiveness of the agency information 
    security program, including progress of remedial actions.

    (b) Each agency shall develop, document, and implement an agencywide 
information security program, approved by the Director under section 
3533(a)(5), to provide information security for the information and 
information systems that support the operations and assets of the 
agency, including those provided or managed by another agency, 
contractor, or other source, that includes--
        (1) periodic assessments of the risk and magnitude of the harm 
    that could result from the unauthorized access, use, disclosure, 
    disruption, modification, or destruction of information and 
    information systems that support the operations and assets of the 
    agency;
        (2) policies and procedures that--
            (A) are based on the risk assessments required by paragraph 
        (1);
            (B) cost-effectively reduce information security risks to an 
        acceptable level;
            (C) ensure that information security is addressed throughout 
        the life cycle of each agency information system; and
            (D) ensure compliance with--
                (i) the requirements of this subchapter;
                (ii) policies and procedures as may be prescribed by the 
            Director, and information security standards promulgated 
            under section 11331 of title 40;
                (iii) minimally acceptable system configuration 
            requirements, as determined by the agency; and
                (iv) any other applicable requirements, including 
            standards and guidelines for national security systems 
            issued in accordance with law and as directed by the 
            President;

        (3) subordinate plans for providing adequate information 
    security for networks, facilities, and systems or groups of 
    information systems, as appropriate;
        (4) security awareness training to inform personnel, including 
    contractors and other users of information systems that support the 
    operations and assets of the agency, of--
            (A) information security risks associated with their 
        activities; and
            (B) their responsibilities in complying with agency policies 
        and procedures designed to reduce these risks;

        (5) periodic testing and evaluation of the effectiveness of 
    information security policies, procedures, and practices, to be 
    performed with a frequency depending on risk, but no less than 
    annually, of which such testing--
            (A) shall include testing of management, operational, and 
        technical controls of every information system identified in the 
        inventory required under section 3505(c); and
            (B) may include testing relied on in a \1\ evaluation under 
        section 3535;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``an''.

        (6) a process for planning, implementing, evaluating, and 
    documenting remedial action to address any deficiencies in the 
    information security policies, procedures, and practices of the 
    agency;
        (7) procedures for detecting, reporting, and responding to 
    security incidents, including--
            (A) mitigating risks associated with such incidents before 
        substantial damage is done; and
            (B) notifying and consulting with, as appropriate--
                (i) law enforcement agencies and relevant Offices of 
            Inspector General;
                (ii) an office designated by the President for any 
            incident involving a national security system; and
                (iii) any other agency or office, in accordance with law 
            or as directed by the President; and

        (8) plans and procedures to ensure continuity of operations for 
    information systems that support the operations and assets of the 
    agency.

    (c) Each agency shall--
        (1) report annually to the Director, the Committees on 
    Government Reform and Science of the House of Representatives, the 
    Committees on Governmental Affairs and Commerce, Science, and 
    Transportation of the Senate, the appropriate authorization and 
    appropriations committees of Congress, and the Comptroller General 
    on the adequacy and effectiveness of information security policies, 
    procedures, and practices, and compliance with the requirements of 
    this subchapter, including compliance with each requirement of 
    subsection (b);
        (2) address the adequacy and effectiveness of information 
    security policies, procedures, and practices in plans and reports 
    relating to--
            (A) annual agency budgets;
            (B) information resources management under subchapter 1 \2\ 
        of this chapter;
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``I''.
---------------------------------------------------------------------------
            (C) information technology management under subtitle III of 
        title 40;
            (D) program performance under sections 1105 and 1115 through 
        1119 of title 31, and sections 2801 and 2805 of title 39;
            (E) financial management under chapter 9 of title 31, and 
        the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; 
        Public Law 101-576) (and the amendments made by that Act);
            (F) financial management systems under the Federal Financial 
        Management Improvement Act (31 U.S.C. 3512 note); and
            (G) internal accounting and administrative controls under 
        section 3512 of title 31, United States Code,\3\ (known as the 
        ``Federal Managers Financial Integrity Act''); and
---------------------------------------------------------------------------
    \3\ So in original. The comma probably should not appear.

        (3) report any significant deficiency in a policy, procedure, or 
    practice identified under paragraph (1) or (2)--
            (A) as a material weakness in reporting under section 3512 
        of title 31; and
            (B) if relating to financial management systems, as an 
        instance of a lack of substantial compliance under the Federal 
        Financial Management Improvement Act (31 U.S.C. 3512 note).

    (d)(1) In addition to the requirements of subsection (c), each 
agency, in consultation with the Director, shall include as part of the 
performance plan required under section 1115 of title 31 a description 
of--
        (A) the time periods; and
        (B) the resources, including budget, staffing, and training,

that are necessary to implement the program required under subsection 
(b).
    (2) The description under paragraph (1) shall be based on the risk 
assessments required under subsection (b)(2)(1).
    (e) Each agency shall provide the public with timely notice and 
opportunities for comment on proposed information security policies and 
procedures to the extent that such policies and procedures affect 
communication with the public.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2262.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.

                       References in Text

    The Chief Financial Officers Act of 1990, referred to in subsec. 
(c)(2)(E), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For 
complete classification of this Act to the Code, see Short Title of 1990 
Amendment note set out under section 501 of Title 31, Money and Finance, 
and Tables.
    The Federal Financial Management Improvement Act, referred to in 
subsec. (c)(2)(F), (3)(B), probably means the Federal Financial 
Management Improvement Act of 1996, Pub. L. 104-208, div. A, title I, 
Sec. 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009-314, 3009-389, 
which is set out as a note under section 3512 of Title 31, Money and 
Finance. For complete classification of this Act to the Code, see 
Tables.


                            Prior Provisions

    A prior section 3534, added Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-268, related to 
Federal agency responsibilities prior to the general amendment of this 
subchapter by Pub. L. 107-296.

                         Change of Name

    Committee on Government Reform of House of Representatives changed 
to Committee on Oversight and Government Reform of House of 
Representatives and Committee on Science of House of Representatives 
changed to Committee on Science and Technology of House of 
Representatives by House Resolution No. 6, One Hundred Tenth Congress, 
Jan. 5, 2007.
    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.


Sec. 3535. Annual independent evaluation

    (a)(1) Each year each agency shall have performed an independent 
evaluation of the information security program and practices of that 
agency to determine the effectiveness of such program and practices.
    (2) Each evaluation by an agency under this section shall include--
        (A) testing of the effectiveness of information security 
    policies, procedures, and practices of a representative subset of 
    the agency's information systems;
        (B) an assessment (made on the basis of the results of the 
    testing) of compliance with--
            (i) the requirements of this subchapter; and
            (ii) related information security policies, procedures, 
        standards, and guidelines; and

        (C) separate presentations, as appropriate, regarding 
    information security relating to national security systems.

    (b) Subject to subsection (c)--
        (1) for each agency with an Inspector General appointed under 
    the Inspector General Act of 1978 or any other law, the annual 
    evaluation required by this section shall be performed by the 
    Inspector General or by an independent external auditor, as 
    determined by the Inspector General of the agency; and
        (2) for each agency to which paragraph (1) does not apply, the 
    head of the agency shall engage an independent external auditor to 
    perform the evaluation.

    (c) For each agency operating or exercising control of a national 
security system, that portion of the evaluation required by this section 
directly relating to a national security system shall be performed--
        (1) only by an entity designated by the agency head; and
        (2) in such a manner as to ensure appropriate protection for 
    information associated with any information security vulnerability 
    in such system commensurate with the risk and in accordance with all 
    applicable laws.

    (d) The evaluation required by this section--
        (1) shall be performed in accordance with generally accepted 
    government auditing standards; and
        (2) may be based in whole or in part on an audit, evaluation, or 
    report relating to programs or practices of the applicable agency.

    (e) Each year, not later than such date established by the Director, 
the head of each agency shall submit to the Director the results of the 
evaluation required under this section.
    (f) Agencies and evaluators shall take appropriate steps to ensure 
the protection of information which, if disclosed, may adversely affect 
information security. Such protections shall be commensurate with the 
risk and comply with all applicable laws and regulations.
    (g)(1) The Director shall summarize the results of the evaluations 
conducted under this section in the report to Congress required under 
section 3533(a)(8).
    (2) The Director's report to Congress under this subsection shall 
summarize information regarding information security relating to 
national security systems in such a manner as to ensure appropriate 
protection for information associated with any information security 
vulnerability in such system commensurate with the risk and in 
accordance with all applicable laws.
    (3) Evaluations and any other descriptions of information systems 
under the authority and control of the Director of Central Intelligence 
or of National Foreign Intelligence Programs systems under the authority 
and control of the Secretary of Defense shall be made available to 
Congress only through the appropriate oversight committees of Congress, 
in accordance with applicable laws.
    (h) The Comptroller General shall periodically evaluate and report 
to Congress on--
        (1) the adequacy and effectiveness of agency information 
    security policies and practices; and
        (2) implementation of the requirements of this subchapter.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2265; amended Pub. L. 108-177, title III, Sec. 377(e), Dec. 13, 
2003, 117 Stat. 2631.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.

                       References in Text

    The Inspector General Act of 1978, referred to in subsec. (b)(1), is 
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                            Prior Provisions

    A prior section 3535, added Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-271, related to 
annual independent evaluation prior to the general amendment of this 
subchapter by Pub. L. 107-296.


                               Amendments

    2003--Subsec. (b)(1). Pub. L. 108-177 inserted ``or any other law'' 
after ``1978''.

                         Change of Name

    Reference to the Director of Central Intelligence or the Director of 
the Central Intelligence Agency in the Director's capacity as the head 
of the intelligence community deemed to be a reference to the Director 
of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of Title 50, War and National Defense.


Sec. 3536. National security systems

    The head of each agency operating or exercising control of a 
national security system shall be responsible for ensuring that the 
agency--
        (1) provides information security protections commensurate with 
    the risk and magnitude of the harm resulting from the unauthorized 
    access, use, disclosure, disruption, modification, or destruction of 
    the information contained in such system;
        (2) implements information security policies and practices as 
    required by standards and guidelines for national security systems, 
    issued in accordance with law and as directed by the President; and
        (3) complies with the requirements of this subchapter.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2266.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.


                            Prior Provisions

    A prior section 3536, added Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-272; amended Pub. L. 
107-314, div. A, title X, Sec. 1052(a), Dec. 2, 2002, 116 Stat. 2648, 
set forth expiration date of this subchapter prior to the general 
amendment of this subchapter by Pub. L. 107-296.


                             Effective Date

    Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. 
L. 107-296, set out as a note under section 101 of Title 6, Domestic 
Security.


Sec. 3537. Authorization of appropriations

    There are authorized to be appropriated to carry out the provisions 
of this subchapter such sums as may be necessary for each of fiscal 
years 2003 through 2007.

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2267.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.


Sec. 3538. Effect on existing law

    Nothing in this subchapter, section 11331 of title 40, or section 20 
of the National Standards \1\ and Technology Act (15 U.S.C. 278g-3) may 
be construed as affecting the authority of the President, the Office of 
Management and Budget or the Director thereof, the National Institute of 
Standards and Technology, or the head of any agency, with respect to the 
authorized use or disclosure of information, including with regard to 
the protection of personal privacy under section 552a of title 5, the 
disclosure of information under section 552 of title 5, the management 
and disposition of records under chapters 29, 31, or 33 of title 44, the 
management of information resources under subchapter I of chapter 35 of 
this title, or the disclosure of information to Congress or the 
Comptroller General of the United States.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``National Institute of 
Standards''.
---------------------------------------------------------------------------

(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002, 116 
Stat. 2267.)

                        Applicability of Section

        This section not to apply while subchapter III of this chapter 
    is in effect, see section 3549 of this title.


                  SUBCHAPTER III--INFORMATION SECURITY



Sec. 3541. Purposes

    The purposes of this subchapter are to--
        (1) provide a comprehensive framework for ensuring the 
    effectiveness of information security controls over information 
    resources that support Federal operations and assets;
        (2) recognize the highly networked nature of the current Federal 
    computing environment and provide effective governmentwide 
    management and oversight of the related information security risks, 
    including coordination of information security efforts throughout 
    the civilian, national security, and law enforcement communities;
        (3) provide for development and maintenance of minimum controls 
    required to protect Federal information and information systems;
        (4) provide a mechanism for improved oversight of Federal agency 
    information security programs;
        (5) acknowledge that commercially developed information security 
    products offer advanced, dynamic, robust, and effective information 
    security solutions, reflecting market solutions for the protection 
    of critical information infrastructures important to the national 
    defense and economic security of the nation that are designed, 
    built, and operated by the private sector; and
        (6) recognize that the selection of specific technical hardware 
    and software information security solutions should be left to 
    individual agencies from among commercially developed products.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2946.)


                             Effective Date

    Pub. L. 107-347, title IV, Sec. 402(b), Dec. 17, 2002, 116 Stat. 
2962, provided that: ``Title III [see Short Title of 2002 Amendments 
note set out under section 101 of this title] and this title [enacting 
provisions set out as a note under section 3601 of this title] shall 
take effect on the date of enactment of this Act [Dec. 17, 2002].''


Sec. 3542. Definitions

    (a) In General.--Except as provided under subsection (b), the 
definitions under section 3502 shall apply to this subchapter.
    (b) Additional Definitions.--As used in this subchapter:
        (1) The term ``information security'' means protecting 
    information and information systems from unauthorized access, use, 
    disclosure, disruption, modification, or destruction in order to 
    provide--
            (A) integrity, which means guarding against improper 
        information modification or destruction, and includes ensuring 
        information nonrepudiation and authenticity;
            (B) confidentiality, which means preserving authorized 
        restrictions on access and disclosure, including means for 
        protecting personal privacy and proprietary information; and
            (C) availability, which means ensuring timely and reliable 
        access to and use of information.

        (2)(A) The term ``national security system'' means any 
    information system (including any telecommunications system) used or 
    operated by an agency or by a contractor of an agency, or other 
    organization on behalf of an agency--
            (i) the function, operation, or use of which--
                (I) involves intelligence activities;
                (II) involves cryptologic activities related to national 
            security;
                (III) involves command and control of military forces;
                (IV) involves equipment that is an integral part of a 
            weapon or weapons system; or
                (V) subject to subparagraph (B), is critical to the 
            direct fulfillment of military or intelligence missions; or

            (ii) is protected at all times by procedures established for 
        information that have been specifically authorized under 
        criteria established by an Executive order or an Act of Congress 
        to be kept classified in the interest of national defense or 
        foreign policy.

        (B) Subparagraph (A)(i)(V) does not include a system that is to 
    be used for routine administrative and business applications 
    (including payroll, finance, logistics, and personnel management 
    applications).
        (3) The term ``information technology'' has the meaning given 
    that term in section 11101 of title 40.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2947.)


Sec. 3543. Authority and functions of the Director

    (a) In General.--The Director shall oversee agency information 
security policies and practices, including--
        (1) developing and overseeing the implementation of policies, 
    principles, standards, and guidelines on information security, 
    including through ensuring timely agency adoption of and compliance 
    with standards promulgated under section 11331 of title 40;
        (2) requiring agencies, consistent with the standards 
    promulgated under such section 11331 and the requirements of this 
    subchapter, to identify and provide information security protections 
    commensurate with the risk and magnitude of the harm resulting from 
    the unauthorized access, use, disclosure, disruption, modification, 
    or destruction of--
            (A) information collected or maintained by or on behalf of 
        an agency; or
            (B) information systems used or operated by an agency or by 
        a contractor of an agency or other organization on behalf of an 
        agency;

        (3) coordinating the development of standards and guidelines 
    under section 20 of the National Institute of Standards and 
    Technology Act (15 U.S.C. 278g-3) with agencies and offices 
    operating or exercising control of national security systems 
    (including the National Security Agency) to assure, to the maximum 
    extent feasible, that such standards and guidelines are 
    complementary with standards and guidelines developed for national 
    security systems;
        (4) overseeing agency compliance with the requirements of this 
    subchapter, including through any authorized action under section 
    11303 of title 40, to enforce accountability for compliance with 
    such requirements;
        (5) reviewing at least annually, and approving or disapproving, 
    agency information security programs required under section 3544(b);
        (6) coordinating information security policies and procedures 
    with related information resources management policies and 
    procedures;
        (7) overseeing the operation of the Federal information security 
    incident center required under section 3546; and
        (8) reporting to Congress no later than March 1 of each year on 
    agency compliance with the requirements of this subchapter, 
    including--
            (A) a summary of the findings of evaluations required by 
        section 3545;
            (B) an assessment of the development, promulgation, and 
        adoption of, and compliance with, standards developed under 
        section 20 of the National Institute of Standards and Technology 
        Act (15 U.S.C. 278g-3) and promulgated under section 11331 of 
        title 40;
            (C) significant deficiencies in agency information security 
        practices;
            (D) planned remedial action to address such deficiencies; 
        and
            (E) a summary of, and the views of the Director on, the 
        report prepared by the National Institute of Standards and 
        Technology under section 20(d)(10) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278g-3).

    (b) National Security Systems.--Except for the authorities described 
in paragraphs (4) and (8) of subsection (a), the authorities of the 
Director under this section shall not apply to national security 
systems.
    (c) Department of Defense and Central Intelligence Agency Systems.--
(1) The authorities of the Director described in paragraphs (1) and (2) 
of subsection (a) shall be delegated to the Secretary of Defense in the 
case of systems described in paragraph (2) and to the Director of 
Central Intelligence in the case of systems described in paragraph (3).
    (2) The systems described in this paragraph are systems that are 
operated by the Department of Defense, a contractor of the Department of 
Defense, or another entity on behalf of the Department of Defense that 
processes any information the unauthorized access, use, disclosure, 
disruption, modification, or destruction of which would have a 
debilitating impact on the mission of the Department of Defense.
    (3) The systems described in this paragraph are systems that are 
operated by the Central Intelligence Agency, a contractor of the Central 
Intelligence Agency, or another entity on behalf of the Central 
Intelligence Agency that processes any information the unauthorized 
access, use, disclosure, disruption, modification, or destruction of 
which would have a debilitating impact on the mission of the Central 
Intelligence Agency.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2947.)

                         Change of Name

    Reference to the Director of Central Intelligence or the Director of 
the Central Intelligence Agency in the Director's capacity as the head 
of the intelligence community deemed to be a reference to the Director 
of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of Title 50, War and National Defense.


Sec. 3544. Federal agency responsibilities

    (a) In General.--The head of each agency shall--
        (1) be responsible for--
            (A) providing information security protections commensurate 
        with the risk and magnitude of the harm resulting from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction of--
                (i) information collected or maintained by or on behalf 
            of the agency; and
                (ii) information systems used or operated by an agency 
            or by a contractor of an agency or other organization on 
            behalf of an agency;

            (B) complying with the requirements of this subchapter and 
        related policies, procedures, standards, and guidelines, 
        including--
                (i) information security standards promulgated under 
            section 11331 of title 40; and
                (ii) information security standards and guidelines for 
            national security systems issued in accordance with law and 
            as directed by the President; and

            (C) ensuring that information security management processes 
        are integrated with agency strategic and operational planning 
        processes;

        (2) ensure that senior agency officials provide information 
    security for the information and information systems that support 
    the operations and assets under their control, including through--
            (A) assessing the risk and magnitude of the harm that could 
        result from the unauthorized access, use, disclosure, 
        disruption, modification, or destruction of such information or 
        information systems;
            (B) determining the levels of information security 
        appropriate to protect such information and information systems 
        in accordance with standards promulgated under section 11331 of 
        title 40, for information security classifications and related 
        requirements;
            (C) implementing policies and procedures to cost-effectively 
        reduce risks to an acceptable level; and
            (D) periodically testing and evaluating information security 
        controls and techniques to ensure that they are effectively 
        implemented;

        (3) delegate to the agency Chief Information Officer established 
    under section 3506 (or comparable official in an agency not covered 
    by such section) the authority to ensure compliance with the 
    requirements imposed on the agency under this subchapter, 
    including--
            (A) designating a senior agency information security officer 
        who shall--
                (i) carry out the Chief Information Officer's 
            responsibilities under this section;
                (ii) possess professional qualifications, including 
            training and experience, required to administer the 
            functions described under this section;
                (iii) have information security duties as that 
            official's primary duty; and
                (iv) head an office with the mission and resources to 
            assist in ensuring agency compliance with this section;

            (B) developing and maintaining an agencywide information 
        security program as required by subsection (b);
            (C) developing and maintaining information security 
        policies, procedures, and control techniques to address all 
        applicable requirements, including those issued under section 
        3543 of this title, and section 11331 of title 40;
            (D) training and overseeing personnel with significant 
        responsibilities for information security with respect to such 
        responsibilities; and
            (E) assisting senior agency officials concerning their 
        responsibilities under paragraph (2);

        (4) ensure that the agency has trained personnel sufficient to 
    assist the agency in complying with the requirements of this 
    subchapter and related policies, procedures, standards, and 
    guidelines; and
        (5) ensure that the agency Chief Information Officer, in 
    coordination with other senior agency officials, reports annually to 
    the agency head on the effectiveness of the agency information 
    security program, including progress of remedial actions.

    (b) Agency Program.--Each agency shall develop, document, and 
implement an agencywide information security program, approved by the 
Director under section 3543(a)(5), to provide information security for 
the information and information systems that support the operations and 
assets of the agency, including those provided or managed by another 
agency, contractor, or other source, that includes--
        (1) periodic assessments of the risk and magnitude of the harm 
    that could result from the unauthorized access, use, disclosure, 
    disruption, modification, or destruction of information and 
    information systems that support the operations and assets of the 
    agency;
        (2) policies and procedures that--
            (A) are based on the risk assessments required by paragraph 
        (1);
            (B) cost-effectively reduce information security risks to an 
        acceptable level;
            (C) ensure that information security is addressed throughout 
        the life cycle of each agency information system; and
            (D) ensure compliance with--
                (i) the requirements of this subchapter;
                (ii) policies and procedures as may be prescribed by the 
            Director, and information security standards promulgated 
            under section 11331 of title 40;
                (iii) minimally acceptable system configuration 
            requirements, as determined by the agency; and
                (iv) any other applicable requirements, including 
            standards and guidelines for national security systems 
            issued in accordance with law and as directed by the 
            President;

        (3) subordinate plans for providing adequate information 
    security for networks, facilities, and systems or groups of 
    information systems, as appropriate;
        (4) security awareness training to inform personnel, including 
    contractors and other users of information systems that support the 
    operations and assets of the agency, of--
            (A) information security risks associated with their 
        activities; and
            (B) their responsibilities in complying with agency policies 
        and procedures designed to reduce these risks;

        (5) periodic testing and evaluation of the effectiveness of 
    information security policies, procedures, and practices, to be 
    performed with a frequency depending on risk, but no less than 
    annually, of which such testing--
            (A) shall include testing of management, operational, and 
        technical controls of every information system identified in the 
        inventory required under section 3505(c); and
            (B) may include testing relied on in a \1\ evaluation under 
        section 3545;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``an''.

        (6) a process for planning, implementing, evaluating, and 
    documenting remedial action to address any deficiencies in the 
    information security policies, procedures, and practices of the 
    agency;
        (7) procedures for detecting, reporting, and responding to 
    security incidents, consistent with standards and guidelines issued 
    pursuant to section 3546(b), including--
            (A) mitigating risks associated with such incidents before 
        substantial damage is done;
            (B) notifying and consulting with the Federal information 
        security incident center referred to in section 3546; and
            (C) notifying and consulting with, as appropriate--
                (i) law enforcement agencies and relevant Offices of 
            Inspector General;
                (ii) an office designated by the President for any 
            incident involving a national security system; and
                (iii) any other agency or office, in accordance with law 
            or as directed by the President; and

        (8) plans and procedures to ensure continuity of operations for 
    information systems that support the operations and assets of the 
    agency.

    (c) Agency Reporting.--Each agency shall--
        (1) report annually to the Director, the Committees on 
    Government Reform and Science of the House of Representatives, the 
    Committees on Governmental Affairs and Commerce, Science, and 
    Transportation of the Senate, the appropriate authorization and 
    appropriations committees of Congress, and the Comptroller General 
    on the adequacy and effectiveness of information security policies, 
    procedures, and practices, and compliance with the requirements of 
    this subchapter, including compliance with each requirement of 
    subsection (b);
        (2) address the adequacy and effectiveness of information 
    security policies, procedures, and practices in plans and reports 
    relating to--
            (A) annual agency budgets;
            (B) information resources management under subchapter 1 \2\ 
        of this chapter;
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``I''.
---------------------------------------------------------------------------
            (C) information technology management under subtitle III of 
        title 40;
            (D) program performance under sections 1105 and 1115 through 
        1119 of title 31, and sections 2801 and 2805 of title 39;
            (E) financial management under chapter 9 of title 31, and 
        the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; 
        Public Law 101-576) (and the amendments made by that Act);
            (F) financial management systems under the Federal Financial 
        Management Improvement Act (31 U.S.C. 3512 note); and
            (G) internal accounting and administrative controls under 
        section 3512 of title 31,\3\ (known as the ``Federal Managers 
        Financial Integrity Act''); and
---------------------------------------------------------------------------
    \3\ So in original. The comma probably should not appear.

        (3) report any significant deficiency in a policy, procedure, or 
    practice identified under paragraph (1) or (2)--
            (A) as a material weakness in reporting under section 3512 
        of title 31; and
            (B) if relating to financial management systems, as an 
        instance of a lack of substantial compliance under the Federal 
        Financial Management Improvement Act (31 U.S.C. 3512 note).

    (d) Performance Plan.--(1) In addition to the requirements of 
subsection (c), each agency, in consultation with the Director, shall 
include as part of the performance plan required under section 1115 of 
title 31 a description of--
        (A) the time periods, and
        (B) the resources, including budget, staffing, and training,

that are necessary to implement the program required under subsection 
(b).
    (2) The description under paragraph (1) shall be based on the risk 
assessments required under subsection (b)(2)(1).
    (e) Public Notice and Comment.--Each agency shall provide the public 
with timely notice and opportunities for comment on proposed information 
security policies and procedures to the extent that such policies and 
procedures affect communication with the public.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2949.)

                       References in Text

    The Chief Financial Officers Act of 1990, referred to in subsec. 
(c)(2)(E), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For 
complete classification of this Act to the Code, see Short Title of 1990 
Amendment note set out under section 501 of Title 31, Money and Finance, 
and Tables.
    The Federal Financial Management Improvement Act, referred to in 
subsec. (c)(2)(F), (3)(B), probably means the Federal Financial 
Management Improvement Act of 1996, Pub. L. 104-208, div. A, title I, 
Sec. 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009-314, 3009-389, 
which is set out as a note under section 3512 of Title 31, Money and 
Finance. For complete classification of this Act to the Code, see 
Tables.

                         Change of Name

    Committee on Government Reform of House of Representatives changed 
to Committee on Oversight and Government Reform of House of 
Representatives and Committee on Science of House of Representatives 
changed to Committee on Science and Technology of House of 
Representatives by House Resolution No. 6, One Hundred Tenth Congress, 
Jan. 5, 2007.
    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.


Sec. 3545. Annual independent evaluation

    (a) In General.--(1) Each year each agency shall have performed an 
independent evaluation of the information security program and practices 
of that agency to determine the effectiveness of such program and 
practices.
    (2) Each evaluation under this section shall include--
        (A) testing of the effectiveness of information security 
    policies, procedures, and practices of a representative subset of 
    the agency's information systems;
        (B) an assessment (made on the basis of the results of the 
    testing) of compliance with--
            (i) the requirements of this subchapter; and
            (ii) related information security policies, procedures, 
        standards, and guidelines; and

        (C) separate presentations, as appropriate, regarding 
    information security relating to national security systems.

    (b) Independent Auditor.--Subject to subsection (c)--
        (1) for each agency with an Inspector General appointed under 
    the Inspector General Act of 1978 or any other law, the annual 
    evaluation required by this section shall be performed by the 
    Inspector General or by an independent external auditor, as 
    determined by the Inspector General of the agency; and
        (2) for each agency to which paragraph (1) does not apply, the 
    head of the agency shall engage an independent external auditor to 
    perform the evaluation.

    (c) National Security Systems.--For each agency operating or 
exercising control of a national security system, that portion of the 
evaluation required by this section directly relating to a national 
security system shall be performed--
        (1) only by an entity designated by the agency head; and
        (2) in such a manner as to ensure appropriate protection for 
    information associated with any information security vulnerability 
    in such system commensurate with the risk and in accordance with all 
    applicable laws.

    (d) Existing Evaluations.--The evaluation required by this section 
may be based in whole or in part on an audit, evaluation, or report 
relating to programs or practices of the applicable agency.
    (e) Agency Reporting.--(1) Each year, not later than such date 
established by the Director, the head of each agency shall submit to the 
Director the results of the evaluation required under this section.
    (2) To the extent an evaluation required under this section directly 
relates to a national security system, the evaluation results submitted 
to the Director shall contain only a summary and assessment of that 
portion of the evaluation directly relating to a national security 
system.
    (f) Protection of Information.--Agencies and evaluators shall take 
appropriate steps to ensure the protection of information which, if 
disclosed, may adversely affect information security. Such protections 
shall be commensurate with the risk and comply with all applicable laws 
and regulations.
    (g) OMB Reports to Congress.--(1) The Director shall summarize the 
results of the evaluations conducted under this section in the report to 
Congress required under section 3543(a)(8).
    (2) The Director's report to Congress under this subsection shall 
summarize information regarding information security relating to 
national security systems in such a manner as to ensure appropriate 
protection for information associated with any information security 
vulnerability in such system commensurate with the risk and in 
accordance with all applicable laws.
    (3) Evaluations and any other descriptions of information systems 
under the authority and control of the Director of Central Intelligence 
or of National Foreign Intelligence Programs systems under the authority 
and control of the Secretary of Defense shall be made available to 
Congress only through the appropriate oversight committees of Congress, 
in accordance with applicable laws.
    (h) Comptroller General.--The Comptroller General shall periodically 
evaluate and report to Congress on--
        (1) the adequacy and effectiveness of agency information 
    security policies and practices; and
        (2) implementation of the requirements of this subchapter.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2952; amended Pub. L. 108-177, title III, Sec. 377(e), Dec. 13, 
2003, 117 Stat. 2631.)

                       References in Text

    The Inspector General Act of 1978, referred to in subsec. (b)(1), is 
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    2003--Subsec. (b)(1). Pub. L. 108-177 inserted ``or any other law'' 
after ``1978''.

                         Change of Name

    Reference to the Director of Central Intelligence or the Director of 
the Central Intelligence Agency in the Director's capacity as the head 
of the intelligence community deemed to be a reference to the Director 
of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of Title 50, War and National Defense.


Sec. 3546. Federal information security incident center

    (a) In General.--The Director shall ensure the operation of a 
central Federal information security incident center to--
        (1) provide timely technical assistance to operators of agency 
    information systems regarding security incidents, including guidance 
    on detecting and handling information security incidents;
        (2) compile and analyze information about incidents that 
    threaten information security;
        (3) inform operators of agency information systems about current 
    and potential information security threats, and vulnerabilities; and
        (4) consult with the National Institute of Standards and 
    Technology, agencies or offices operating or exercising control of 
    national security systems (including the National Security Agency), 
    and such other agencies or offices in accordance with law and as 
    directed by the President regarding information security incidents 
    and related matters.

    (b) National Security Systems.--Each agency operating or exercising 
control of a national security system shall share information about 
information security incidents, threats, and vulnerabilities with the 
Federal information security incident center to the extent consistent 
with standards and guidelines for national security systems, issued in 
accordance with law and as directed by the President.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2954.)


Sec. 3547. National security systems

    The head of each agency operating or exercising control of a 
national security system shall be responsible for ensuring that the 
agency--
        (1) provides information security protections commensurate with 
    the risk and magnitude of the harm resulting from the unauthorized 
    access, use, disclosure, disruption, modification, or destruction of 
    the information contained in such system;
        (2) implements information security policies and practices as 
    required by standards and guidelines for national security systems, 
    issued in accordance with law and as directed by the President; and
        (3) complies with the requirements of this subchapter.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2954.)


Sec. 3548. Authorization of appropriations

    There are authorized to be appropriated to carry out the provisions 
of this subchapter such sums as may be necessary for each of fiscal 
years 2003 through 2007.

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2954.)


Sec. 3549. Effect on existing law

    Nothing in this subchapter, section 11331 of title 40, or section 20 
of the National Standards \1\ and Technology Act (15 U.S.C. 278g-3) may 
be construed as affecting the authority of the President, the Office of 
Management and Budget or the Director thereof, the National Institute of 
Standards and Technology, or the head of any agency, with respect to the 
authorized use or disclosure of information, including with regard to 
the protection of personal privacy under section 552a of title 5, the 
disclosure of information under section 552 of title 5, the management 
and disposition of records under chapters 29, 31, or 33 of title 44, the 
management of information resources under subchapter I of chapter 35 of 
this title, or the disclosure of information to the Congress or the 
Comptroller General of the United States. While this subchapter is in 
effect, subchapter II of this chapter shall not apply.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``National Institute of 
Standards''.
---------------------------------------------------------------------------

(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002, 116 
Stat. 2955.)


 CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES

Sec.
3601.         Definitions.
3602.         Office of Electronic Government.
3603.         Chief Information Officers Council.
3604.         E-Government Fund.
3605.         Program to encourage innovative solutions to enhance 
                  electronic Government services and processes.
3606.         E-Government report.


Sec. 3601. Definitions

    In this chapter, the definitions under section 3502 shall apply, and 
the term--
        (1) ``Administrator'' means the Administrator of the Office of 
    Electronic Government established under section 3602;
        (2) ``Council'' means the Chief Information Officers Council 
    established under section 3603;
        (3) ``electronic Government'' means the use by the Government of 
    web-based Internet applications and other information technologies, 
    combined with processes that implement these technologies, to--
            (A) enhance the access to and delivery of Government 
        information and services to the public, other agencies, and 
        other Government entities; or
            (B) bring about improvements in Government operations that 
        may include effectiveness, efficiency, service quality, or 
        transformation;

        (4) ``enterprise architecture''--
            (A) means--
                (i) a strategic information asset base, which defines 
            the mission;
                (ii) the information necessary to perform the mission;
                (iii) the technologies necessary to perform the mission; 
            and
                (iv) the transitional processes for implementing new 
            technologies in response to changing mission needs; and

            (B) includes--
                (i) a baseline architecture;
                (ii) a target architecture; and
                (iii) a sequencing plan;

        (5) ``Fund'' means the E-Government Fund established under 
    section 3604;
        (6) ``interoperability'' means the ability of different 
    operating and software systems, applications, and services to 
    communicate and exchange data in an accurate, effective, and 
    consistent manner;
        (7) ``integrated service delivery'' means the provision of 
    Internet-based Federal Government information or services integrated 
    according to function or topic rather than separated according to 
    the boundaries of agency jurisdiction; and
        (8) ``tribal government'' means--
            (A) the governing body of any Indian tribe, band, nation, or 
        other organized group or community located in the continental 
        United States (excluding the State of Alaska) that is recognized 
        as eligible for the special programs and services provided by 
        the United States to Indians because of their status as Indians, 
        and
            (B) any Alaska Native regional or village corporation 
        established pursuant to the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1601 et seq.).

(Added Pub. L. 107-347, title I, Sec. 101(a), Dec. 17, 2002, 116 Stat. 
2901.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in par. (8)(B), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.


                             Effective Date

    Pub. L. 107-347, title IV, Sec. 402(a), Dec. 17, 2002, 116 Stat. 
2961, provided that:
    ``(1) In general.--Except as provided under paragraph (2), titles I 
[enacting this chapter, section 507 of Title 31, Money and Finance, and 
section 305 of Title 40, Public Buildings, Property, and Works, and 
amending section 503 of Title 31] and II [enacting chapter 37 of Title 
5, Government Organization and Employees, section 2332 of Title 10, 
Armed Forces, and section 266a of Title 41, Public Contracts, amending 
sections 3111, 4108, and 7353 of Title 5, sections 207, 209, and 1905 of 
Title 18, Crimes and Criminal Procedure, sections 502, 11501 to 11505 of 
Title 40, and section 423 of Title 41, repealing section 11521 of Title 
40, directing the renumbering of section 11522 of Title 40 as section 
11521, enacting provisions set out as notes under section 3501 of this 
title, and amending provisions set out as notes under section 8432 of 
Title 5 and section 1913 of Title 28, Judiciary and Judicial Procedure] 
and the amendments made by such titles shall take effect 120 days after 
the date of enactment of this Act [Dec. 17, 2002].
    ``(2) Immediate enactment.--Sections 207, 214, and 215 [set out in a 
note under section 3501 of this title] shall take effect on the date of 
enactment of this Act [Dec. 17, 2002].''


                    E-Government Initiatives Funding

    Pub. L. 110-161, div. D, title VII, Sec. 737, Dec. 26, 2007, 121 
Stat. 2028, provided that:
    ``(a) For fiscal year 2008, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored by 
the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the House and Senate Committees on Appropriations.
    ``(b) Hereafter, any funding request for a new or ongoing E-
Government initiative by any agency or agencies managing the development 
of an initiative shall include in justification materials submitted to 
the House and Senate Committees on Appropriations the information in 
subsection (d).
    ``(c) Hereafter, any funding request by any agency or agencies 
participating in the development of an E-Government initiative and 
contributing funding for the initiative shall include in justification 
materials submitted to the House and Senate Committees on 
Appropriations--
        ``(1) the amount of funding contributed to each initiative by 
    program office, bureau, or activity, as appropriate; and
        ``(2) the relevance of that use to that department or agency and 
    each bureau or office within, which is contributing funds.
    ``(d) The report in (a) and justification materials in (b) shall 
include at a minimum--
        ``(1) a description of each initiative including but not limited 
    to its objectives, benefits, development status, risks, cost 
    effectiveness (including estimated net costs or savings to the 
    government), and the estimated date of full operational capability;
        ``(2) the total development cost of each initiative by fiscal 
    year including costs to date, the estimated costs to complete its 
    development to full operational capability, and estimated annual 
    operations and maintenance costs; and
        ``(3) the sources and distribution of funding by fiscal year and 
    by agency and bureau for each initiative including agency 
    contributions to date and estimated future contributions by agency.
    ``(e) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the House 
and Senate Committees on Appropriations.''


                          Findings and Purposes

    Pub. L. 107-347, Sec. 2, Dec. 17, 2002, 116 Stat. 2900, provided 
that:
    ``(a) Findings.--Congress finds the following:
        ``(1) The use of computers and the Internet is rapidly 
    transforming societal interactions and the relationships among 
    citizens, private businesses, and the Government.
        ``(2) The Federal Government has had uneven success in applying 
    advances in information technology to enhance governmental functions 
    and services, achieve more efficient performance, increase access to 
    Government information, and increase citizen participation in 
    Government.
        ``(3) Most Internet-based services of the Federal Government are 
    developed and presented separately, according to the jurisdictional 
    boundaries of an individual department or agency, rather than being 
    integrated cooperatively according to function or topic.
        ``(4) Internet-based Government services involving interagency 
    cooperation are especially difficult to develop and promote, in part 
    because of a lack of sufficient funding mechanisms to support such 
    interagency cooperation.
        ``(5) Electronic Government has its impact through improved 
    Government performance and outcomes within and across agencies.
        ``(6) Electronic Government is a critical element in the 
    management of Government, to be implemented as part of a management 
    framework that also addresses finance, procurement, human capital, 
    and other challenges to improve the performance of Government.
        ``(7) To take full advantage of the improved Government 
    performance that can be achieved through the use of Internet-based 
    technology requires strong leadership, better organization, improved 
    interagency collaboration, and more focused oversight of agency 
    compliance with statutes related to information resource management.
    ``(b) Purposes.--The purposes of this Act [see Tables for 
classification] are the following:
        ``(1) To provide effective leadership of Federal Government 
    efforts to develop and promote electronic Government services and 
    processes by establishing an Administrator of a new Office of 
    Electronic Government within the Office of Management and Budget.
        ``(2) To promote use of the Internet and other information 
    technologies to provide increased opportunities for citizen 
    participation in Government.
        ``(3) To promote interagency collaboration in providing 
    electronic Government services, where this collaboration would 
    improve the service to citizens by integrating related functions, 
    and in the use of internal electronic Government processes, where 
    this collaboration would improve the efficiency and effectiveness of 
    the processes.
        ``(4) To improve the ability of the Government to achieve agency 
    missions and program performance goals.
        ``(5) To promote the use of the Internet and emerging 
    technologies within and across Government agencies to provide 
    citizen-centric Government information and services.
        ``(6) To reduce costs and burdens for businesses and other 
    Government entities.
        ``(7) To promote better informed decisionmaking by policy 
    makers.
        ``(8) To promote access to high quality Government information 
    and services across multiple channels.
        ``(9) To make the Federal Government more transparent and 
    accountable.
        ``(10) To transform agency operations by utilizing, where 
    appropriate, best practices from public and private sector 
    organizations.
        ``(11) To provide enhanced access to Government information and 
    services in a manner consistent with laws regarding protection of 
    personal privacy, national security, records retention, access for 
    persons with disabilities, and other relevant laws.''


Sec. 3602. Office of Electronic Government

    (a) There is established in the Office of Management and Budget an 
Office of Electronic Government.
    (b) There shall be at the head of the Office an Administrator who 
shall be appointed by the President.
    (c) The Administrator shall assist the Director in carrying out--
        (1) all functions under this chapter;
        (2) all of the functions assigned to the Director under title II 
    of the E-Government Act of 2002; and
        (3) other electronic government initiatives, consistent with 
    other statutes.

    (d) The Administrator shall assist the Director and the Deputy 
Director for Management and work with the Administrator of the Office of 
Information and Regulatory Affairs in setting strategic direction for 
implementing electronic Government, under relevant statutes, including--
        (1) chapter 35;
        (2) subtitle III of title 40, United States Code;
        (3) section 552a of title 5 (commonly referred to as the 
    ``Privacy Act'');
        (4) the Government Paperwork Elimination Act (44 U.S.C. 3504 
    note); and
        (5) the Federal Information Security Management Act of 2002.

    (e) The Administrator shall work with the Administrator of the 
Office of Information and Regulatory Affairs and with other offices 
within the Office of Management and Budget to oversee implementation of 
electronic Government under this chapter, chapter 35, the E-Government 
Act of 2002, and other relevant statutes, in a manner consistent with 
law, relating to--
        (1) capital planning and investment control for information 
    technology;
        (2) the development of enterprise architectures;
        (3) information security;
        (4) privacy;
        (5) access to, dissemination of, and preservation of Government 
    information;
        (6) accessibility of information technology for persons with 
    disabilities; and
        (7) other areas of electronic Government.

    (f) Subject to requirements of this chapter, the Administrator shall 
assist the Director by performing electronic Government functions as 
follows:
        (1) Advise the Director on the resources required to develop and 
    effectively administer electronic Government initiatives.
        (2) Recommend to the Director changes relating to Governmentwide 
    strategies and priorities for electronic Government.
        (3) Provide overall leadership and direction to the executive 
    branch on electronic Government.
        (4) Promote innovative uses of information technology by 
    agencies, particularly initiatives involving multiagency 
    collaboration, through support of pilot projects, research, 
    experimentation, and the use of innovative technologies.
        (5) Oversee the distribution of funds from, and ensure 
    appropriate administration and coordination of, the E-Government 
    Fund established under section 3604.
        (6) Coordinate with the Administrator of General Services 
    regarding programs undertaken by the General Services Administration 
    to promote electronic government and the efficient use of 
    information technologies by agencies.
        (7) Lead the activities of the Chief Information Officers 
    Council established under section 3603 on behalf of the Deputy 
    Director for Management, who shall chair the council.
        (8) Assist the Director in establishing policies which shall set 
    the framework for information technology standards for the Federal 
    Government developed by the National Institute of Standards and 
    Technology and promulgated by the Secretary of Commerce under 
    section 11331 of title 40, taking into account, if appropriate, 
    recommendations of the Chief Information Officers Council, experts, 
    and interested parties from the private and nonprofit sectors and 
    State, local, and tribal governments, and maximizing the use of 
    commercial standards as appropriate, including the following:
            (A) Standards and guidelines for interconnectivity and 
        interoperability as described under section 3504.
            (B) Consistent with the process under section 207(d) of the 
        E-Government Act of 2002, standards and guidelines for 
        categorizing Federal Government electronic information to enable 
        efficient use of technologies, such as through the use of 
        extensible markup language.
            (C) Standards and guidelines for Federal Government computer 
        system efficiency and security.

        (9) Sponsor ongoing dialogue that--
            (A) shall be conducted among Federal, State, local, and 
        tribal government leaders on electronic Government in the 
        executive, legislative, and judicial branches, as well as 
        leaders in the private and nonprofit sectors, to encourage 
        collaboration and enhance understanding of best practices and 
        innovative approaches in acquiring, using, and managing 
        information resources;
            (B) is intended to improve the performance of governments in 
        collaborating on the use of information technology to improve 
        the delivery of Government information and services; and
            (C) may include--
                (i) development of innovative models--
                    (I) for electronic Government management and 
                Government information technology contracts; and
                    (II) that may be developed through focused 
                discussions or using separately sponsored research;

                (ii) identification of opportunities for public-private 
            collaboration in using Internet-based technology to increase 
            the efficiency of Government-to-business transactions;
                (iii) identification of mechanisms for providing 
            incentives to program managers and other Government 
            employees to develop and implement innovative uses of 
            information technologies; and
                (iv) identification of opportunities for public, 
            private, and intergovernmental collaboration in addressing 
            the disparities in access to the Internet and information 
            technology.

        (10) Sponsor activities to engage the general public in the 
    development and implementation of policies and programs, 
    particularly activities aimed at fulfilling the goal of using the 
    most effective citizen-centered strategies and those activities 
    which engage multiple agencies providing similar or related 
    information and services.
        (11) Oversee the work of the General Services Administration and 
    other agencies in developing the integrated Internet-based system 
    under section 204 of the E-Government Act of 2002.
        (12) Coordinate with the Administrator for Federal Procurement 
    Policy to ensure effective implementation of electronic procurement 
    initiatives.
        (13) Assist Federal agencies, including the General Services 
    Administration, the Department of Justice, and the United States 
    Access Board in--
            (A) implementing accessibility standards under section 508 
        of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
            (B) ensuring compliance with those standards through the 
        budget review process and other means.

        (14) Oversee the development of enterprise architectures within 
    and across agencies.
        (15) Assist the Director and the Deputy Director for Management 
    in overseeing agency efforts to ensure that electronic Government 
    activities incorporate adequate, risk-based, and cost-effective 
    security compatible with business processes.
        (16) Administer the Office of Electronic Government established 
    under this section.
        (17) Assist the Director in preparing the E-Government report 
    established under section 3606.

    (g) The Director shall ensure that the Office of Management and 
Budget, including the Office of Electronic Government, the Office of 
Information and Regulatory Affairs, and other relevant offices, have 
adequate staff and resources to properly fulfill all functions under the 
E-Government Act of 2002.

(Added Pub. L. 107-347, title I, Sec. 101(a), Dec. 17, 2002, 116 Stat. 
2902.)

                       References in Text

    The E-Government Act of 2002, referred to in text, is Pub. L. 107-
347, Dec. 17, 2002, 116 Stat. 2899. Title II of the Act, including 
sections 204 and 207(d) of the Act, is set out as a note under section 
3501 of this title. For complete classification of this Act to the Code, 
see Tables.
    The Government Paperwork Elimination Act, referred to in subsec. 
(d)(4), is title XVII of Pub. L. 105-277, div. C, Oct. 21, 1998, 112 
Stat. 2681-749, which amended section 3504 of this title and enacted 
provisions set out as a note under section 3504 of this title. For 
complete classification of this Act to the Code, see Tables.
    The Federal Information Security Management Act of 2002, referred to 
in subsec. (d)(5), probably means title III of Pub. L. 107-347, Dec. 17, 
2002, 116 Stat. 2946, which is classified principally to subchapter III 
of chapter 35 of this title. For complete classification of this Act to 
the Code, see Short Title of 2002 Amendments note set out under section 
101 of this title and Tables. Another Federal Information Security 
Management Act of 2002 is title X of Pub. L. 107-296, Nov. 25, 116 Stat. 
2259. For complete classification of this Act to the Code, see Short 
Title note set out under section 101 of Title 6, Domestic Security.


Sec. 3603. Chief Information Officers Council

    (a) There is established in the executive branch a Chief Information 
Officers Council.
    (b) The members of the Council shall be as follows:
        (1) The Deputy Director for Management of the Office of 
    Management and Budget, who shall act as chairperson of the Council.
        (2) The Administrator of the Office of Electronic Government.
        (3) The Administrator of the Office of Information and 
    Regulatory Affairs.
        (4) The chief information officer of each agency described under 
    section 901(b) of title 31.
        (5) The chief information officer of the Central Intelligence 
    Agency.
        (6) The chief information officer of the Department of the Army, 
    the Department of the Navy, and the Department of the Air Force, if 
    chief information officers have been designated for such departments 
    under section 3506(a)(2)(B).
        (7) Any other officer or employee of the United States 
    designated by the chairperson.

    (c)(1) The Administrator of the Office of Electronic Government 
shall lead the activities of the Council on behalf of the Deputy 
Director for Management.
    (2)(A) The Vice Chairman of the Council shall be selected by the 
Council from among its members.
    (B) The Vice Chairman shall serve a 1-year term, and may serve 
multiple terms.
    (3) The Administrator of General Services shall provide 
administrative and other support for the Council.
    (d) The Council is designated the principal interagency forum for 
improving agency practices related to the design, acquisition, 
development, modernization, use, operation, sharing, and performance of 
Federal Government information resources.
    (e) In performing its duties, the Council shall consult regularly 
with representatives of State, local, and tribal governments.
    (f) The Council shall perform functions that include the following:
        (1) Develop recommendations for the Director on Government 
    information resources management policies and requirements.
        (2) Share experiences, ideas, best practices, and innovative 
    approaches related to information resources management.
        (3) Assist the Administrator in the identification, development, 
    and coordination of multiagency projects and other innovative 
    initiatives to improve Government performance through the use of 
    information technology.
        (4) Promote the development and use of common performance 
    measures for agency information resources management under this 
    chapter and title II of the E-Government Act of 2002.
        (5) Work as appropriate with the National Institute of Standards 
    and Technology and the Administrator to develop recommendations on 
    information technology standards developed under section 20 of the 
    National Institute of Standards and Technology Act (15 U.S.C. 278g-
    3) and promulgated under section 11331 of title 40, and maximize the 
    use of commercial standards as appropriate, including the following:
            (A) Standards and guidelines for interconnectivity and 
        interoperability as described under section 3504.
            (B) Consistent with the process under section 207(d) of the 
        E-Government Act of 2002, standards and guidelines for 
        categorizing Federal Government electronic information to enable 
        efficient use of technologies, such as through the use of 
        extensible markup language.
            (C) Standards and guidelines for Federal Government computer 
        system efficiency and security.

        (6) Work with the Office of Personnel Management to assess and 
    address the hiring, training, classification, and professional 
    development needs of the Government related to information resources 
    management.
        (7) Work with the Archivist of the United States to assess how 
    the Federal Records Act can be addressed effectively by Federal 
    information resources management activities.

(Added Pub. L. 107-347, title I, Sec. 101(a), Dec. 17, 2002, 116 Stat. 
2905.)

                       References in Text

    The E-Government Act of 2002, referred to in subsec. (f)(4), is Pub. 
L. 107-347, Dec. 17, 2002, 116 Stat. 2899. Title II of the Act, 
including section 207(d) of the Act, is set out as a note under section 
3501 of this title. For complete classification of this Act to the Code, 
see Tables.
    No act with the name the ``Federal Records Act'', referred to in 
subsec. (f)(7), has been enacted. The Federal Records Act of 1950, which 
has a similar name, was title V of act June 30, 1949, ch. 288, as added 
Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat. 583, which was classified 
generally to sections 392 to 396 and 397 to 401 of former Title 44, 
Public Printing and Documents. Section 6(d) of act Sept. 5, 1950, was 
repealed by Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, the first 
section of which enacted this title. For disposition of sections of 
former Title 44, see Table at the beginning of this title. Title V of 
act June 30, 1949, was repealed by Pub. L. 107-217, Sec. 4, Aug. 21, 
2002, 116 Stat. 1303.


Sec. 3604. E-Government Fund

    (a)(1) There is established in the Treasury of the United States the 
E-Government Fund.
    (2) The Fund shall be administered by the Administrator of the 
General Services Administration to support projects approved by the 
Director, assisted by the Administrator of the Office of Electronic 
Government, that enable the Federal Government to expand its ability, 
through the development and implementation of innovative uses of the 
Internet or other electronic methods, to conduct activities 
electronically.
    (3) Projects under this subsection may include efforts to--
        (A) make Federal Government information and services more 
    readily available to members of the public (including individuals, 
    businesses, grantees, and State and local governments);
        (B) make it easier for the public to apply for benefits, receive 
    services, pursue business opportunities, submit information, and 
    otherwise conduct transactions with the Federal Government; and
        (C) enable Federal agencies to take advantage of information 
    technology in sharing information and conducting transactions with 
    each other and with State and local governments.

    (b)(1) The Administrator shall--
        (A) establish procedures for accepting and reviewing proposals 
    for funding;
        (B) consult with interagency councils, including the Chief 
    Information Officers Council, the Chief Financial Officers Council, 
    and other interagency management councils, in establishing 
    procedures and reviewing proposals; and
        (C) assist the Director in coordinating resources that agencies 
    receive from the Fund with other resources available to agencies for 
    similar purposes.

    (2) When reviewing proposals and managing the Fund, the 
Administrator shall observe and incorporate the following procedures:
        (A) A project requiring substantial involvement or funding from 
    an agency shall be approved by a senior official with agencywide 
    authority on behalf of the head of the agency, who shall report 
    directly to the head of the agency.
        (B) Projects shall adhere to fundamental capital planning and 
    investment control processes.
        (C) Agencies shall identify in their proposals resource 
    commitments from the agencies involved and how these resources would 
    be coordinated with support from the Fund, and include plans for 
    potential continuation of projects after all funds made available 
    from the Fund are expended.
        (D) After considering the recommendations of the interagency 
    councils, the Director, assisted by the Administrator, shall have 
    final authority to determine which of the candidate projects shall 
    be funded from the Fund.
        (E) Agencies shall assess the results of funded projects.

    (c) In determining which proposals to recommend for funding, the 
Administrator--
        (1) shall consider criteria that include whether a proposal--
            (A) identifies the group to be served, including citizens, 
        businesses, the Federal Government, or other governments;
            (B) indicates what service or information the project will 
        provide that meets needs of groups identified under subparagraph 
        (A);
            (C) ensures proper security and protects privacy;
            (D) is interagency in scope, including projects implemented 
        by a primary or single agency that--
                (i) could confer benefits on multiple agencies; and
                (ii) have the support of other agencies; and

            (E) has performance objectives that tie to agency missions 
        and strategic goals, and interim results that relate to the 
        objectives; and

        (2) may also rank proposals based on criteria that include 
    whether a proposal--
            (A) has Governmentwide application or implications;
            (B) has demonstrated support by the public to be served;
            (C) integrates Federal with State, local, or tribal 
        approaches to service delivery;
            (D) identifies resource commitments from nongovernmental 
        sectors;
            (E) identifies resource commitments from the agencies 
        involved;
            (F) uses web-based technologies to achieve objectives;
            (G) identifies records management and records access 
        strategies;
            (H) supports more effective citizen participation in and 
        interaction with agency activities that further progress toward 
        a more citizen-centered Government;
            (I) directly delivers Government information and services to 
        the public or provides the infrastructure for delivery;
            (J) supports integrated service delivery;
            (K) describes how business processes across agencies will 
        reflect appropriate transformation simultaneous to technology 
        implementation; and
            (L) is new or innovative and does not supplant existing 
        funding streams within agencies.

    (d) The Fund may be used to fund the integrated Internet-based 
system under section 204 of the E-Government Act of 2002.
    (e) None of the funds provided from the Fund may be transferred to 
any agency until 15 days after the Administrator of the General Services 
Administration has submitted to the Committees on Appropriations of the 
Senate and the House of Representatives, the Committee on Governmental 
Affairs of the Senate, the Committee on Government Reform of the House 
of Representatives, and the appropriate authorizing committees of the 
Senate and the House of Representatives, a notification and description 
of how the funds are to be allocated and how the expenditure will 
further the purposes of this chapter.
    (f)(1) The Director shall report annually to Congress on the 
operation of the Fund, through the report established under section 
3606.
    (2) The report under paragraph (1) shall describe--
        (A) all projects which the Director has approved for funding 
    from the Fund; and
        (B) the results that have been achieved to date for these funded 
    projects.

    (g)(1) There are authorized to be appropriated to the Fund--
        (A) $45,000,000 for fiscal year 2003;
        (B) $50,000,000 for fiscal year 2004;
        (C) $100,000,000 for fiscal year 2005;
        (D) $150,000,000 for fiscal year 2006; and
        (E) such sums as are necessary for fiscal year 2007.

    (2) Funds appropriated under this subsection shall remain available 
until expended.

(Added Pub. L. 107-347, title I, Sec. 101(a), Dec. 17, 2002, 116 Stat. 
2906.)

                       References in Text

    Section 204 of the E-Government Act of 2002, referred to in subsec. 
(d), is section 204 of Pub. L. 107-347, which is set out in a note under 
section 3501 of this title.

                         Change of Name

    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.
    Committee on Government Reform of House of Representatives changed 
to Committee on Oversight and Government Reform of House of 
Representatives by House Resolution No. 6, One Hundred Tenth Congress, 
Jan. 5, 2007.


Sec. 3605. Program to encourage innovative solutions to enhance 
        electronic Government services and processes
        
    (a) Establishment of Program.--The Administrator shall establish and 
promote a Governmentwide program to encourage contractor innovation and 
excellence in facilitating the development and enhancement of electronic 
Government services and processes.
    (b) Issuance of Announcements Seeking Innovative Solutions.--Under 
the program, the Administrator, in consultation with the Council and the 
Administrator for Federal Procurement Policy, shall issue announcements 
seeking unique and innovative solutions to facilitate the development 
and enhancement of electronic Government services and processes.
    (c) Multiagency Technical Assistance Team.--(1) The Administrator, 
in consultation with the Council and the Administrator for Federal 
Procurement Policy, shall convene a multiagency technical assistance 
team to assist in screening proposals submitted to the Administrator to 
provide unique and innovative solutions to facilitate the development 
and enhancement of electronic Government services and processes. The 
team shall be composed of employees of the agencies represented on the 
Council who have expertise in scientific and technical disciplines that 
would facilitate the assessment of the feasibility of the proposals.
    (2) The technical assistance team shall--
        (A) assess the feasibility, scientific and technical merits, and 
    estimated cost of each proposal; and
        (B) submit each proposal, and the assessment of the proposal, to 
    the Administrator.

    (3) The technical assistance team shall not consider or evaluate 
proposals submitted in response to a solicitation for offers for a 
pending procurement or for a specific agency requirement.
    (4) After receiving proposals and assessments from the technical 
assistance team, the Administrator shall consider recommending 
appropriate proposals for funding under the E-Government Fund 
established under section 3604 or, if appropriate, forward the proposal 
and the assessment of it to the executive agency whose mission most 
coincides with the subject matter of the proposal.

(Added Pub. L. 107-347, title I, Sec. 101(a), Dec. 17, 2002, 116 Stat. 
2909.)


Sec. 3606. E-Government report

    (a) Not later than March 1 of each year, the Director shall submit 
an E-Government status report to the Committee on Governmental Affairs 
of the Senate and the Committee on Government Reform of the House of 
Representatives.
    (b) The report under subsection (a) shall contain--
        (1) a summary of the information reported by agencies under 
    section 202(f) of the E-Government Act of 2002;
        (2) the information required to be reported by section 3604(f); 
    and
        (3) a description of compliance by the Federal Government with 
    other goals and provisions of the E-Government Act of 2002.

(Added Pub. L. 107-347, title I, Sec. 101(a), Dec. 17, 2002, 116 Stat. 
2909.)

                       References in Text

    The E-Government Act of 2002, referred to in subsec. (b)(3), is Pub. 
L. 107-347, Dec. 17, 2002, 116 Stat. 2899. Section 202(f) of the Act is 
set out in a note under section 3501 of this title. For complete 
classification of this Act to the Code, see Tables.

                         Change of Name

    Committee on Governmental Affairs of Senate changed to Committee on 
Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 
2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 
2004.
    Committee on Government Reform of House of Representatives changed 
to Committee on Oversight and Government Reform of House of 
Representatives by House Resolution No. 6, One Hundred Tenth Congress, 
Jan. 5, 2007.


            CHAPTER 37--ADVERTISEMENTS BY GOVERNMENT AGENCIES

Sec.
3701.         Advertisements for contracts in District of Columbia.
3702.         Advertisements not to be published without written 
                  authority.
3703.         Rate of payment for advertisements, notices, and 
                  proposals.


Sec. 3701. Advertisements for contracts in District of Columbia

    Advertisements for contracts for the public service may not be 
published in any newspaper published and printed in the District of 
Columbia unless the supplies or labor covered by the advertisement are 
to be furnished or performed in the District of Columbia or in the 
adjoining counties of Maryland or Virginia.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 321 (R.S. Sec. 79; June 20, 
1874, ch. 328, 18 Stat. 90; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317; 
July 31, 1876, ch. 246, 19 Stat. 105; Aug. 2, 1946, ch. 744, Sec. 17(b), 
60 Stat. 811; 1950 Reorg. Plan No. 20, Sec. 2(b), eff. May 24, 1950, 15 
F.R. 3178, 64 Stat. 1272).


Sec. 3702. Advertisements not to be published without written 
        authority
        
    Advertisements, notices, or proposals for an executive department of 
the Government, or for a bureau or office connected with it, may not be 
published in a newspaper except under written authority from the head of 
the department; and a bill for advertising or publication may not be 
paid unless there is presented with the bill a copy of the written 
authority.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 324 (R.S. Sec. 3828).


Sec. 3703. Rate of payment for advertisements, notices, and 
        proposals
        
    Advertisements, notices, proposals for contracts, and all forms of 
advertising required by law for the several departments of the 
Government may be paid for at a price not to exceed the commercial rates 
charged to private individuals, with the usual discounts. But the heads 
of the several departments may secure lower terms at special rates when 
the public interest requires it. The rates shall include the furnishing 
of lawful evidence, under oath, of publication, to be made and furnished 
by the printer or publisher making publication.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. Sec. 322, 325 (R.S. Sec. 853; 
June 20, 1878, ch. 359, Sec. 1, 20 Stat. 216; Sept. 23, 1950, ch. 1010, 
Sec. 5, 64 Stat. 986).
    The second sentence of former section 325 was added. The balance was 
superseded by former section 322 which will be found in section 3703 of 
the revision.


   CHAPTER 39--GOVERNMENT PRINTING OFFICE: OFFICE OF INSPECTOR GENERAL

Sec.
3901.         Purpose and establishment of the Office of Inspector 
                  General.
3902.         Appointment of Inspector General; supervision; removal.
3903.         Duties, responsibilities, authority, and reports.


Sec. 3901. Purpose and establishment of the Office of Inspector 
        General
        
    In order to create an independent and objective office--
        (1) to conduct and supervise audits and investigations relating 
    to the Government Printing Office;
        (2) to provide leadership and coordination and recommend 
    policies to promote economy, efficiency, and effectiveness; and
        (3) to provide a means of keeping the Public Printer and the 
    Congress fully and currently informed about problems and 
    deficiencies relating to the administration and operations of the 
    Government Printing Office;

there is hereby established an Office of Inspector General in the 
Government Printing Office.

(Added Pub. L. 100-504, title II, Sec. 202, Oct. 18, 1988, 102 Stat. 
2530.)


                             Effective Date

    Section 206 of title II of Pub. L. 100-504 provided that: ``The 
provisions of this title and the amendments made by this title [enacting 
this chapter and provisions set out as notes under sections 101 and 3901 
of this title] shall take effect 180 days after the date of the 
enactment of this title [Oct. 18, 1988].''


                               Short Title

    For short title of title II of Pub. L. 100-504, which enacted this 
chapter, as the ``Government Printing Office Inspector General Act of 
1988'', see section 201 of Pub. L. 100-504, set out as a Short Title of 
1988 Amendment note under section 101 of this title.


                           Transfer of Office

    Section 203 of title II of Pub. L. 100-504 provided that:
    ``(a) In General.--There is transferred to the Office of Inspector 
General established pursuant to this title [enacting this chapter and 
provisions set out as notes under sections 101 and 3901 of this title], 
the office of the Government Printing Office referred to as the `Office 
of Inspector General'.
    ``(b) Related Provisions.--With respect to such transferred office--
        ``(1) sections 9(b) and (c) of the Inspector General Act of 1978 
    [section 9(b), (c) of Pub. L. 95-452, 5 U.S.C. App.] shall apply; 
    and
        ``(2) all the functions, powers, and duties of the office 
    transferred by subsection (a) shall lapse.
    ``(c) Personnel.--Any person who, on the effective date of this 
title [see Effective Date note above], held a position compensated in 
accordance with the applicable laws and regulations that govern 
selections, appointments, and employment within the Government Printing 
Office, and who, without a break in service, is appointed in the Office 
of Inspector General established by this title to a position having 
duties comparable to those performed immediately preceding such 
appointment shall continue to be compensated in the new position at not 
less than the rate provided for the previous position, for the duration 
of service in the new position.''


               Payment Authority Subject to Appropriations

    Section 205 of title II of Pub. L. 100-504 provided that: ``Any 
authority to make payments under this title [enacting this chapter and 
provisions set out as notes under sections 101 and 3901 of this title] 
shall be effective only to such extent as provided in appropriations 
Acts.''


Sec. 3902. Appointment of Inspector General; supervision; 
        removal
        
    (a) There shall be at the head of the Office of Inspector General, 
an Inspector General who shall be appointed by the Public Printer 
without regard to political affiliation and solely on the basis of 
integrity and demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigations. The Inspector General shall report to, and be under the 
general supervision of, the Public Printer. The Public Printer shall 
have no authority to prevent or prohibit the Inspector General from 
initiating, carrying out, or completing any audit or investigation, or 
from issuing any subpena during the course of any audit or 
investigation.
    (b) The Inspector General may be removed from office by the Public 
Printer. The Public Printer shall, promptly upon such removal, 
communicate in writing the reasons for any such removal to each House of 
the Congress.

(Added Pub. L. 100-504, title II, Sec. 202, Oct. 18, 1988, 102 Stat. 
2530.)


Sec. 3903. Duties, responsibilities, authority, and reports

    (a) Sections 4, 5, 6 (other than subsection (a)(7) and (8) thereof), 
and 7 of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. 
App. 3) shall apply to the Inspector General of the Government Printing 
Office and the Office of such Inspector General and such sections shall 
be applied to the Government Printing Office and the Public Printer by 
substituting--
        (1) ``Government Printing Office'' for ``establishment''; and
        (2) ``Public Printer'' for ``head of the establishment''.

    (b) The Inspector General, in carrying out the provisions of this 
chapter, is authorized to select, appoint, and employ such officers and 
employees as may be necessary for carrying out the functions, powers, 
and duties of the Office of Inspector General subject to the provisions 
of this title governing selections, appointments, and employment in the 
Government Printing Office (and any regulations thereunder).

(Added Pub. L. 100-504, title II, Sec. 202, Oct. 18, 1988, 102 Stat. 
2531.)

                       References in Text

    Sections 4, 5, 6, and 7 of the Inspector General Act of 1978, 
referred to in subsec. (a), are sections 4, 5, 6, and 7 of Pub. L. 95-
452, which is set out in the Appendix to Title 5, Government 
Organization and Employees.


          CHAPTER 41--ACCESS TO FEDERAL ELECTRONIC INFORMATION

Sec.
4101.         Electronic directory; online access to publications; 
                  electronic storage facility.
4102.         Fees.
4103.         Biennial report.
4104.         Definition.


Sec. 4101. Electronic directory; online access to publications; 
        electronic storage facility
        
    (a) In General.--The Superintendent of Documents, under the 
direction of the Public Printer, shall--
        (1) maintain an electronic directory of Federal electronic 
    information;
        (2) provide a system of online access to the Congressional 
    Record, the Federal Register, and, as determined by the 
    Superintendent of Documents, other appropriate publications 
    distributed by the Superintendent of Documents; and
        (3) operate an electronic storage facility for Federal 
    electronic information to which online access is made available 
    under paragraph (2).

    (b) Departmental Requests.--To the extent practicable, the 
Superintendent of Documents shall accommodate any request by the head of 
a department or agency to include in the system of access referred to in 
subsection (a)(2) information that is under the control of the 
department or agency involved.
    (c) Consultation.--In carrying out this section, the Superintendent 
of Documents shall consult--
        (1) users of the directory and the system of access provided for 
    under subsection (a); and
        (2) other providers of similar information services.

The purpose of such consultation shall be to assess the quality and 
value of the directory and the system, in light of user needs.

(Added Pub. L. 103-40, Sec. 2(a), June 8, 1993, 107 Stat. 112.)


                              Status Report

    Section 3 of Pub. L. 103-40 provided that: ``Not later than June 30, 
1994, the Public Printer shall submit to the Congress a report on the 
status of the directory, the system of access, and the electronic 
storage facility referred to in section 4101 of title 44, United States 
Code, as added by section 2(a).''


                          Operational Deadline

    Section 4(a) of Pub. L. 103-40 provided that: ``The directory, the 
system of access, and the electronic storage facility referred to in 
section 4101 of title 44, United States Code, as added by section 2(a), 
shall be operational not later than one year after the date of the 
enactment of this Act [June 8, 1993].''


Sec. 4102. Fees

    (a) In General.--The Superintendent of Documents, under the 
direction of the Public Printer, may charge reasonable fees for use of 
the directory and the system of access provided for under section 4101, 
except that use of the directory and the system shall be made available 
to depository libraries without charge. The fees received shall be 
treated in the same manner as moneys received from sale of documents 
under section 1702 of this title.
    (b) Cost Recovery.--The fees charged under this section shall be set 
so as to recover the incremental cost of dissemination of the 
information involved, with the cost to be computed without regard to 
section 1708 of this title.

(Added Pub. L. 103-40, Sec. 2(a), June 8, 1993, 107 Stat. 113.)


Sec. 4103. Biennial report

    Not later than December 31 of each odd-numbered year, the Public 
Printer shall submit to the Congress, with respect to the two preceding 
fiscal years, a report on the directory, the system of access, and the 
electronic storage facility referred to in section 4101(a). The report 
shall include a description of the functions involved, including a 
statement of cost savings in comparison with traditional forms of 
information distribution.

(Added Pub. L. 103-40, Sec. 2(a), June 8, 1993, 107 Stat. 113.)


                          First Biennial Report

    Section 4(b) of Pub. L. 103-40 provided that: ``The first report 
referred to in section 4103 of title 44, United States Code, as added by 
section 2(a), shall be submitted not later than December 31, 1995.''


Sec. 4104. Definition

    As used in this chapter, the term ``Federal electronic information'' 
means Federal public information stored electronically.

(Added Pub. L. 103-40, Sec. 2(a), June 8, 1993, 107 Stat. 113.)


                       TITLE 1--GENERAL PROVISIONS

  CHAPTER 2--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; 
                         SEALING OF INSTRUMENTS

Sec.
101.          Enacting clause.
102.          Resolving clause.
103.          Enacting or resolving words after first section.
104.          Numbering of sections; single proposition.
105.          Title of appropriation Acts.
106.          Printing bills and joint resolutions.
106a.         Promulgation of laws.
106b.         Amendments to Constitution.
107.          Parchment or paper for printing enrolled bills or 
                  resolutions.
108.          Repeal of repealing act.
109.          Repeal of statutes as affecting existing liabilities.
110.          Saving clause of Revised Statutes.
111.          Repeals as evidence of prior effectiveness.
112.          Statutes at Large; contents; admissibility in evidence.
112a.         United States Treaties and Other International Agreements; 
                  contents; admissibility in evidence.
112b.         United States international agreements; transmission to 
                  Congress.
113.          ``Little and Brown's'' edition of laws and treaties; slip 
                  laws; Treaties and Other International Act \1\ Series; 
                  admissibility in evidence.
  
---------------------------------------------------------------------------
    \1\ So in original. Does not conform to section catchline.
---------------------------------------------------------------------------
114.          Sealing of instruments.


                               Amendments

    1972--Pub. L. 92-403, Sec. 2, Aug. 22, 1972, 86 Stat. 619, added 
item 112b.
    1966--Pub. L. 89-497, Sec. 2, July 8, 1966, 80 Stat. 271, inserted 
``slip laws; Treaties and Other International Acts Series;'' in item 
113.
    1951--Act Oct. 31, 1951, ch. 655, Sec. 2(a), 65 Stat. 710, added 
items 106a and 106b.
    1950--Act Sept. 23, 1950, ch. 1001, Sec. 3, 64 Stat. 980, added item 
112a.


Sec. 101. Enacting clause

    The enacting clause of all Acts of Congress shall be in the 
following form: ``Be it enacted by the Senate and House of 
Representatives of the United States of America in Congress assembled.''

(July 30, 1947, ch. 388, 61 Stat. 634.)


Sec. 102. Resolving clause

    The resolving clause of all joint resolutions shall be in the 
following form: ``Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled.''

(July 30, 1947, ch. 388, 61 Stat. 634.)


Sec. 103. Enacting or resolving words after first section

    No enacting or resolving words shall be used in any section of an 
Act or resolution of Congress except in the first.

(July 30, 1947, ch. 388, 61 Stat. 634.)


Sec. 104. Numbering of sections; single proposition

    Each section shall be numbered, and shall contain, as nearly as may 
be, a single proposition of enactment.

(July 30, 1947, ch. 388, 61 Stat. 634.)


Sec. 105. Title of appropriation Acts

    The style and title of all Acts making appropriations for the 
support of Government shall be as follows: ``An Act making 
appropriations (here insert the object) for the year ending September 30 
(here insert the calendar year).''

(July 30, 1947, ch. 388, 61 Stat. 634; Pub. L. 93-344, title V, 
Sec. 506(a), July 12, 1974, 88 Stat. 322.)


                               Amendments

    1974--Pub. L. 93-344 substituted ``September 30'' for ``June 30''.


                    Effective Date of 1974 Amendment

    Section 506(b) of Pub. L. 93-344, which provided that the amendment 
of this section by Pub. L. 93-344 was effective with respect to Acts 
making appropriations for the support of the Government for any fiscal 
year commencing on or after Oct. 1, 1976, was omitted in the complete 
revision of title V of Pub. L. 93-344 by Pub. L. 101-508, title XIII, 
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609.


Sec. 106. Printing bills and joint resolutions

    Every bill or joint resolution in each House of Congress shall, when 
such bill or resolution passes either House, be printed, and such 
printed copy shall be called the engrossed bill or resolution as the 
case may be. Said engrossed bill or resolution shall be signed by the 
Clerk of the House or the Secretary of the Senate, and shall be sent to 
the other House, and in that form shall be dealt with by that House and 
its officers, and, if passed, returned signed by said Clerk or 
Secretary. When such bill, or joint resolution shall have passed both 
Houses, it shall be printed and shall then be called the enrolled bill, 
or joint resolution, as the case may be, and shall be signed by the 
presiding officers of both Houses and sent to the President of the 
United States. During the last six days of a session such engrossing and 
enrolling of bills and joint resolutions may be done otherwise than as 
above prescribed, upon the order of Congress by concurrent resolution.

(July 30, 1947, ch. 388, 61 Stat. 634.)


     Reference to OBRA; Effective Date; Ratification of Enrollment 
                   Corrections and Printed Enrollment

    Pub. L. 100-360, title IV, Sec. 411(a), July 1, 1988, 102 Stat. 768, 
provided that:
    ``(1) Reference.--In this section, the term `OBRA' refers to the 
Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203) [Pub. L. 
100-203, Dec. 22, 1987, 101 Stat. 1330, see Tables for classification].
    ``(2) Effective date.--Except as specifically provided in this 
section, the amendments made by this section [amending sections 254o, 
294f, 300aa-12, 300aa-15, 300aa-21, 426, 704, 912, 1320a-7, 1320a-7a, 
1320a-7b, 1320b-5, 1320b-7, 1320b-8, 1320c-3, 1320c-5, 1320c-9, 1395e, 
1395h, 1395i-2, 1395i-3, 1395k, 1395l, 1395m, 1395u, 1395w-1, 1395w-2, 
1395x, 1395y, 1395aa, 1395bb, 1395cc, 1395dd, 1395gg, 1395mm, 1395ss, 
1395tt, 1395ww, 1395aaa, 1395bbb, 1395ccc, 1396a, 1396b, 1396d, 1396j, 
1396n, 1396o, 1396p, 1396r, 1396r-1, 1396r-3, 1396r-4, 1396s, and 1397d 
of Title 42, The Public Health and Welfare, amending provisions set out 
as notes under sections 426, 1320a-7a, 1320c-2, 1320c-3, 1395b-1, 1395h, 
1395i-3, 1395l, 1395m, 1395n, 1395u, 1395w-1, 1395x, 1395aa, 1395dd, 
1395mm, 1395ss, 1395ww, 1395bbb, 1396a, 1396b, and 1396r of Title 42, 
and repealing provisions set out as notes under section 1395l of Title 
42], as they relate to a provision in OBRA, shall be effective as if 
they were included in the enactment of that provision in OBRA.
    ``(3) Ratification of enrollment corrections and printed 
enrollment.--
        ``(A) In general.--Except as provided in subparagraph (B), the 
    enrollment corrections noted in footnotes numbered 9 through 72 of 
    OBRA are hereby ratified and shall be considered to have been 
    enacted as part of OBRA. The printed enrollment of title IV of OBRA 
    [Pub. L. 100-203, title IV, Dec. 22, 1987, 101 Stat. 1330-39], as 
    prepared and printed under section 8004 of OBRA [section 8004 of 
    Pub. L. 100-203, set out below] (including the footnote corrections 
    described in subparagraph (B) and as incorporating the 
    clarifications described in subparagraph (C)), shall be deemed to 
    constitute title IV of OBRA as enacted.
        ``(B) Footnote corrections.--(i) With respect to the reference 
    to which footnote 28 relates (101 Stat. 1330-81), the reference 
    shall be deemed to have read `1320a-7b)'.
        ``(ii) With respect to the word to which footnote 30 relates 
    (101 Stat. 1330-91), the word shall be deemed to have read `the'.
        ``(iii) With respect to the designation to which footnote 52 
    relates (101 Stat. 1330-151), the designation shall be deemed to 
    have read `(F)'.
        ``(C) Clarifications of illegible matter.--(i) Section 
    1842(n)(1)(A) of the Social Security Act, as added by section 
    4051(a) of OBRA (101 Stat. 1330-93) [42 U.S.C. 1395m(n)(1)(A)], is 
    deemed to have the phrase `the supplier's reasonable charge to 
    individuals enrolled under this part for the test' immediately after 
    `or, if lower, the'.
        ``(ii) Section 1834(a)(7)(B)(i) of the Social Security Act, as 
    inserted by section 4062(b) of OBRA (101 Stat. 1330-103) [42 U.S.C. 
    1395m(a)(7)(B)(i)], is deemed to have a reference to `1987' 
    immediately after `December'.''


              Printed Enrollments Prepared After Enactment

    Pub. L. 106-93, Nov. 10, 1999, 113 Stat. 1310, provided: ``That the 
provisions of sections 106 and 107 of title 1, United States Code, are 
waived for the remainder of the first session of the One Hundred Sixth 
Congress with respect to the printing (on parchment or otherwise) of the 
enrollment of any bill or joint resolution making general appropriations 
or continuing appropriations for the fiscal year ending September 30, 
2000. The enrollment of any such bill or joint resolution shall be in 
such form as the Committee on House Administration of the House of 
Representatives certifies to be a true enrollment.''
    Pub. L. 105-253, Oct. 12, 1998, 112 Stat. 1887, provided: ``That the 
provisions of sections 106 and 107 of title 1, United States Code, are 
waived for the remainder of the One Hundred Fifth Congress with respect 
to the printing (on parchment or otherwise) of the enrollment of any 
bill or joint resolution making general appropriations or continuing 
appropriations for the fiscal year ending September 30, 1999. The 
enrollment of any such bill or joint resolution shall be in such form as 
the Committee on House Oversight of the House of Representatives 
certifies to be a true enrollment.''
    Pub. L. 105-120, Nov. 26, 1997, 111 Stat. 2527, provided: ``That the 
provisions of sections 106 and 107 of title 1, United States Code, are 
waived for the balance of the first session of the One Hundred Fifth 
Congress with respect to the printing (on parchment or otherwise) of the 
enrollment of any bill or joint resolution making general appropriations 
for the fiscal year ending on September 30, 1998, or continuing 
appropriations for the fiscal year ending on September 30, 1998. The 
enrollment of any such bill or joint resolution shall be in such form as 
the Committee on House Oversight of the House of Representatives 
certifies to be a true enrollment.''
    Pub. L. 105-32, Aug. 1, 1997, 111 Stat. 250, provided: ``That the 
provisions of sections 106 and 107 of title 1, United States Code, are 
waived with respect to the printing (on parchment or otherwise) of the 
enrollment of H.R. 2014 [Pub. L. 105-34, Aug. 5, 1997, 111 Stat. 788] 
and of H.R. 2015 [Pub. L. 105-33, Aug. 5, 1997, 111 Stat. 251] of the 
One Hundred Fifth Congress. The enrollment of each of those bills shall 
be in such form as the Committee on House Oversight of the House of 
Representatives certifies to be a true enrollment.''
    Pub. L. 104-207, Sept. 30, 1996, 110 Stat. 3008, provided that:
``SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.
    ``(a) Waiver.--The provisions of sections 106 and 107 of title 1, 
United States Code, are waived with respect to the printing (on 
parchment or otherwise) of the enrollment of any appropriation measure 
of the One Hundred Fourth Congress presented to the President after the 
enactment of this joint resolution [Sept. 30, 1996].
    ``(b) Certification of Enrollment by Committee on House Oversight.--
The enrollment of any such measure shall be in such form as the 
Committee on House Oversight of the House of Representatives certifies 
to be a true enrollment.
``SEC. 2. APPROPRIATION MEASURE DEFINED.
    ``For purposes of this joint resolution, the term `appropriation 
measure' means a bill or joint resolution that includes provisions 
making general or continuing appropriations for the fiscal year ending 
September 30, 1997.''
    Pub. L. 104-129, Apr. 9, 1996, 110 Stat. 1199, provided: ``That the 
provisions of sections 106 and 107 of title 1, United States Code, are 
waived with respect to the printing (on parchment or otherwise) of the 
enrollment of H.R. 3019 [Pub. L. 104-134, Apr. 26, 1996, 110 Stat. 1321] 
and the enrollment of H.R. 3136 [Pub. L. 104-121, Mar. 29, 1996, 110 
Stat. 847], each of the One Hundred Fourth Congress. The enrollment of 
either such bill shall be in such form as the Committee on House 
Oversight of the House of Representatives certifies to be a true 
enrollment.''
    Pub. L. 104-56, title II, Sec. Sec. 201, 202, Nov. 20, 1995, 109 
Stat. 553, provided that:
``SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.
    ``(a) Waiver.--The provisions of sections 106 and 107 of title 1, 
United States Code, are waived with respect to the printing (on 
parchment or otherwise) of the enrollment of any of the following 
measures of the first session of the One Hundred Fourth Congress 
presented to the President after the enactment of this joint resolution 
[Nov. 20, 1995]:
        ``(1) A continuing resolution.
        ``(2) A debt limit extension measure.
        ``(3) A reconciliation bill.
    ``(b) Certification by Committee on House Oversight.--The enrollment 
of a measure to which subsection (a) applies shall be in such form as 
the Committee on House Oversight of the House of Representatives 
certifies to be a true enrollment.
``SEC. 202. DEFINITIONS.
    ``As used in this joint resolution:
        ``(1) Continuing resolution.--The term `continuing resolution' 
    means a bill or joint resolution that includes provisions making 
    further continuing appropriations for fiscal year 1996.
        ``(2) Debt limit extension measure.--The term `debt limit 
    extension measure' means a bill or joint resolution that includes 
    provisions increasing or waiving (for a temporary period or 
    otherwise) the public debt limit under section 3101(b) of title 31, 
    United States Code.
        ``(3) Reconciliation bill.--The term `reconciliation bill' means 
    a bill that is a reconciliation bill within the meaning of section 
    310 of the Congressional Budget Act of 1974 [2 U.S.C. 641].''
    Identical provisions were contained in Pub. L. 104-54, title II, 
Sec. Sec. 201, 202, Nov. 19, 1995, 109 Stat. 545.

    Pub. L. 102-387, Oct. 6, 1992, 106 Stat. 1519, provided: ``That the 
provisions of sections 106 and 107 of title 1, United States Code, are 
waived with respect to the printing (on parchment or otherwise) of the 
enrollment of any appropriation bill of the One Hundred Second Congress 
hereafter to be presented to the President. Such an enrollment shall be 
in such form as the Committee on House Administration of the House of 
Representatives certifies to be a true enrollment. As used in this 
resolution, the term `appropriation bill' means a bill or joint 
resolution making or continuing appropriations for the fiscal year 
ending September 30, 1993.''

    Pub. L. 102-260, Mar. 20, 1992, 106 Stat. 85, provided that:
``SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING.
    ``The provisions of sections 106 and 107 of title 1, United States 
Code, are waived with respect to the printing (on parchment or 
otherwise) of the enrollment of H.R. 4210 of the 102d Congress [H.R. 
4210 was vetoed by the President on Mar. 20, 1992].
``SEC. 2. CERTIFICATION BY COMMITTEE ON HOUSE ADMINISTRATION.
    ``The enrollment of H.R. 4210 of the 102d Congress shall be in such 
form as the Committee on House Administration of the House of 
Representatives certifies to be a true enrollment.''

    Pub. L. 101-497, Oct. 31, 1990, 104 Stat. 1205, provided that:
``SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF ENROLLMENT 
        OF CERTAIN MEASURES.
    ``(a) Waiver.--The provisions of sections 106 and 107 of title 1, 
United States Code, are waived with respect to the printing (on 
parchment or otherwise) of the enrollment of S. 2830 [Pub. L. 101-624, 
Nov. 28, 1990, 104 Stat. 3359].
    ``(b) Certification of Enrollment by the Secretary of the Senate.--
The enrollment of S. 2830 shall be in such form as the Secretary of the 
Senate certifies to be a true enrollment.
``SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED 
        ENROLLMENT.
    ``(a) Preparation.--
        ``(1) In general.--If S. 2830 is presented to the President in 
    the form of a hand enrollment pursuant to the authority of section 
    1, then upon the enactment of that bill the Secretary of the Senate 
    shall prepare a printed enrollment of the bill as in the case of a 
    bill to which sections 106 and 107 of title 1, United States Code, 
    apply.
        ``(2) Typographical corrections.--A printed enrollment prepared 
    pursuant to paragraph (1) may, in order to conform to customary 
    style for printed laws, include corrections in indentation, type 
    face, and type size and may include notations (in the margins or as 
    otherwise appropriate) of obvious errors in spelling or punctuation 
    in the hand enrollment.
    ``(b) Transmittal to President.--A printed enrollment prepared 
pursuant to subsection (a), after being certified by the Secretary of 
the Senate to be a correct printing of the hand enrollment, shall be 
signed by the presiding officer of each House of Congress and 
transmitted to the President.
    ``(c) Certification by President; Preservation in Archives.--Upon 
certification by the President that a printed enrollment transmitted 
pursuant to subsection (b) is a correct printing of the hand enrollment, 
such printed enrollment shall be transmitted to the Archivist of the 
United States, who shall preserve it with the hand enrollment.
    ``(d) Publication of Law.--In preparing the bill or joint resolution 
for publication in slip form and in the United States Statutes at Large 
pursuant to section 112 of title 1, United States Code, the Archivist of 
the United States shall use the printed enrollment certified by the 
President under subsection (c) in lieu of the hand enrollment.
``SEC. 3. DEFINITIONS.
    ``As used in this resolution:
        ``(1) [sic] Hand enrollment.--The term `hand enrollment' means 
    the enrollment, as authorized by section 1, of a bill or joint 
    resolution for presentment to the President in a form other than the 
    printed form required by sections 106 and 107 of title 1, United 
    States Code.''

    Pub. L. 101-466, Oct. 27, 1990, 104 Stat. 1084, provided that:
``SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF ENROLLMENT 
        OF CERTAIN MEASURES.
    ``(a) Waiver.--The provisions of sections 106 and 107 of title 1, 
United States Code, are waived with respect to the printing (on 
parchment or otherwise) of the enrollment of any reconciliation bill, 
appropriation bill, or continuing resolution of the One Hundred First 
Congress presented to the President after the enactment of this joint 
resolution [Oct. 27, 1990].
    ``(b) Certification of Enrollment by Committee on House 
Administration.--The enrollment of any such bill or joint resolution 
shall be in such form as the Committee on House Administration of the 
House of Representatives certifies to be a true enrollment.
``SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED 
        ENROLLMENT.
    ``(a) Preparation.--
        ``(1) In general.--If a reconciliation bill, appropriation bill, 
    or continuing resolution is presented to the President in the form 
    of a hand enrollment pursuant to the authority of section 1, then 
    upon the enactment of that bill or joint resolution the Clerk of the 
    House of Representatives shall prepare a printed enrollment of the 
    bill or joint resolution as in the case of a bill or joint 
    resolution to which sections 106 and 107 of title 1, United States 
    Code, apply.
        ``(2) Typographical corrections.--A printed enrollment prepared 
    pursuant to paragraph (1) may, in order to conform to customary 
    style for printed laws, include corrections in indentation, type 
    face, and type size and may include notations (in the margins or as 
    otherwise appropriate) of obvious errors in spelling or punctuation 
    in the hand enrollment.
    ``(b) Transmittal to President.--A printed enrollment prepared 
pursuant to subsection (a), after being certified by the Committee on 
House Administration of the House of Representatives to be a correct 
printing of the hand enrollment, shall be signed by the presiding 
officer of each House of Congress and transmitted to the President.
    ``(c) Certification by President; Preservation in Archives.--Upon 
certification by the President that a printed enrollment transmitted 
pursuant to subsection (b) is a correct printing of the hand enrollment, 
such printed enrollment shall be transmitted to the Archivist of the 
United States, who shall preserve it with the hand enrollment.
    ``(d) Publication of Law.--In preparing the bill or joint resolution 
for publication in slip form and in the United States Statutes at Large 
pursuant to section 112 of title 1, United States Code, the Archivist of 
the United States shall use the printed enrollment certified by the 
President under subsection (c) in lieu of the hand enrollment.
``SEC. 3. DEFINITIONS.
    ``As used in this resolution:
        ``(1) Reconciliation bill.--The term `reconciliation bill' means 
    a bill to provide for reconciliation pursuant to section 4 of the 
    concurrent resolution on the budget for fiscal year 1991.
        ``(2) Appropriation bill.--The term `appropriation bill' means a 
    general appropriation bill making appropriations for the fiscal year 
    ending September 30, 1991.
        ``(3) Continuing resolution.--The term `continuing resolution' 
    means a joint resolution making continuing appropriations for the 
    fiscal year 1991.
        ``(4) Hand enrollment.--The term `hand enrollment' means the 
    enrollment, as authorized by section 1, of a bill or joint 
    resolution for presentment to the President in a form other than the 
    printed form required by sections 106 and 107 of title 1, United 
    States Code.''

    Pub. L. 100-454, Sept. 29, 1988, 102 Stat. 1914, provided that:
``SECTION 1. HAND ENROLLMENT AUTHORIZED FOR GENERAL APPROPRIATIONS 
        BILLS.
    ``(a) Waiver of Certain Laws With Respect to Printing of Enrolled 
Bills.--During the remainder of the second session of the One Hundredth 
Congress, the provisions of sections 106 and 107 of title 1, United 
States Code, are waived with respect to the printing (on parchment or 
otherwise) of the enrollment of any general appropriations bill making 
appropriations for the fiscal year ending September 30, 1989.
    ``(b) Certification by Committee on House Administration.--The 
enrollment of any such bill shall be in such form as the Committee on 
House Administration of the House of Representatives certifies to be a 
true enrollment.
``SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED 
        ENROLLMENTS.
    ``(a) Preparation.--
        ``(1) In general.--Upon the enactment of a bill following 
    presentment of such bill to the President in the form of a hand 
    enrollment pursuant to the authority of section 1 of this 
    resolution, the Clerk of the House of Representatives shall prepare 
    a printed enrollment of that bill as in the case of a bill to which 
    sections 106 and 107 of title 1, United States Code, apply.
        ``(2) Limited stylistic corrections.--A printed enrollment 
    prepared pursuant to paragraph (1) may, in order to conform to 
    customary style for printed laws, include corrections in spelling, 
    punctuation, indentation, type face, and type size and other 
    necessary stylistic corrections to the hand enrollment. Such a 
    printed enrollment shall include notations (in the margins or as 
    otherwise appropriate) of all such corrections.
    ``(b) Transmittal to President.--A printed enrollment prepared 
pursuant to subsection (a) shall be signed by the presiding officer of 
each House of Congress as a correct printing of the hand enrollment and 
shall be transmitted to the President.
    ``(c) Certification by President; Legal Effect.--Upon certification 
by the President that a printed enrollment transmitted pursuant to 
subsection (b) is a correct printing of the hand enrollment, such 
printed enrollment shall be considered for all purposes as the original 
enrollment of the bill concerned and as valid evidence of the enactment 
of that bill.
    ``(d) Archives.--A printed enrollment certified by the President 
under subsection (c) shall be transmitted to the Archivist of the United 
States, who shall preserve it with the hand enrollment. In preparing the 
bill concerned for publication in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall use the printed 
enrollment certified by the President under subsection (c) in lieu of 
the hand enrollment.
    ``(e) Hand Enrollment Defined.--As used in this section, the term 
`hand enrollment' means the enrollment, as authorized by section 1, of a 
bill for presentment to the President in a form other than the printed 
form required by sections 106 and 107 of title 1, United States Code.''

    Pub. L. 100-203, title VIII, Sec. 8004, Dec. 22, 1987, 101 Stat. 
1330-282, provided that:
    ``(a) Preparation of Printed Enrollment.--(1) Upon the enactment of 
this Act enrolled as a hand enrollment, the Clerk of the House of 
Representatives shall prepare a printed enrollment of this Act as in the 
case of a bill or joint resolution to which sections 106 and 107 of 
title 1, United States Code, apply. Such enrollment shall be a correct 
enrollment of this Act as enrolled in the hand enrollment.
    ``(2) A printed enrollment prepared pursuant to paragraph (1) may, 
in order to conform to customary style for printed laws, include 
corrections in spelling, punctuation, indentation, type face, and type 
size and other necessary stylistic corrections to the hand enrollment. 
Such a printed enrollment shall include notations (in the margins or as 
otherwise appropriate) of all such corrections.
    ``(b) Transmittal to President.--A printed enrollment prepared 
pursuant to subsection (a) shall be signed by the presiding officers of 
both Houses of Congress as a correct printing of the hand enrollment of 
this Act and shall be transmitted to the President.
    ``(c) Certification by President; Legal Effect.--Upon certification 
by the President that a printed enrollment transmitted pursuant to 
subsection (b) is a correct printing of the hand enrollment of this Act, 
such printed enrollment shall be considered for all purposes as the 
original enrollment of this Act and as valid evidence of the enactment 
of this Act.
    ``(d) Archives.--A printed enrollment certified by the President 
under subsection (c) shall be transmitted to the Archivist of the United 
States, who shall preserve it with the hand enrollment. In preparing 
this Act for publication in slip form and in the United States Statutes 
at Large pursuant to section 112 of title 1, United States Code, the 
Archivist of the United States shall use the printed enrollment 
certified by the President under subsection (c) in lieu of the hand 
enrollment.
    ``(e) Hand Enrollment Defined.--As used in this section, the term 
`hand enrollment' means enrollment in a form other than the printed form 
required by sections 106 and 107 of title 1, United States Code, as 
authorized by the joint resolution entitled `Joint resolution 
authorizing the hand enrollment of the budget reconciliation bill and of 
the full-year continuing resolution for fiscal year 1988', approved 
December 1987 (H.J. Res. 426 of the 100th Congress) [Pub. L. 100-199, 
Dec. 21, 1987, 101 Stat. 1326].''

    Pub. L. 100-202, Sec. 101(n), Dec. 22, 1987, 101 Stat. 1329-432, 
provided that:
    ``(1) Upon the enactment of this resolution enrolled as a hand 
enrollment, the Clerk of the House of Representatives shall prepare a 
printed enrollment of this resolution as in the case of a bill or joint 
resolution to which sections 106 and 107 of title 1, United States Code, 
apply. Such enrollment shall be a correct enrollment of this resolution 
as enrolled in the hand enrollment.
    ``(2) A printed enrollment prepared pursuant to subsection (n)(1) 
may, in order to conform to customary style for printed laws, include 
corrections in spelling, punctuation, indentation, type face, and type 
size and other necessary stylistic corrections to the hand enrollment. 
Such a printed enrollment shall include notations (in the margins or as 
otherwise appropriate) of all such corrections.
    ``(3) A printed enrollment prepared pursuant to subsection (n)(1) 
shall be signed by the presiding officers of both Houses of Congress as 
a correct printing of the hand enrollment of this resolution and shall 
be transmitted to the President.
    ``(4) Upon certification by the President that a printed enrollment 
transmitted pursuant to subsection (n)(3) is a correct printing of the 
hand enrollment of this resolution, such printed enrollment shall be 
considered for all purposes as the original enrollment of this 
resolution and as valid evidence of the enactment of this resolution.
    ``(5) A printed enrollment certified by the President under 
subsection (n)(4) shall be transmitted to the Archivist of the United 
States, who shall preserve it with the hand enrollment. In preparing 
this resolution for publication in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall use the printed 
enrollment certified by the President under subsection (n)(4) in lieu of 
the hand enrollment.
    ``(6) As used in this section, the term `hand enrollment' means 
enrollment in a form other than the printed form required by sections 
106 and 107 of title 1, United States Code, as authorized by the joint 
resolution entitled `Joint resolution authorizing the hand enrollment of 
the budget reconciliation bill and of the full-year continuing 
resolution for fiscal year 1988', approved December 1987 (H.J. Res. 426 
of the 100th Congress) [Pub. L. 100-199, Dec. 21, 1987, 101 Stat. 
1326].''


       Certification of Printed Enrollments of Certain Public Laws

    Memorandum of the President of the United States, Jan. 10, 1991, 56 
F.R. 1481, provided:
    Memorandum for the Archivist of the United States
    By the authority vested in me as President by the Constitution and 
laws of the United States, including Section 301 of Title 3 of the 
United States Code, I hereby authorize you to ascertain whether the 
printed enrollment of H.R. 5835, the Omnibus Budget Reconciliation Act 
of 1990 (Public Law 101-508), approved on November 5, 1990, is a correct 
printing of the hand enrollment and if so to make on my behalf the 
certification specified in Section 2(c) of H.J. Res. 682 (Public Law 
101-466) [set out as a note above].
    Attached is the printed enrollment that was received at the White 
House on January 7, 1991.
    This memorandum shall be published in the Federal Register.
                                                            George Bush.

    Memorandum of the President of the United States, Dec. 12, 1988, 53 
F.R. 50373, provided:
    Memorandum for the Archivist of the United States
    By the authority vested in me as President by the Constitution and 
laws of the United States, including Section 301 of Title 3 of the 
United States Code, I hereby authorize you to ascertain whether the 
printed enrollments of H.R. 4637, the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461), H.R. 4776, the District of Columbia Appropriations Act, 1989 
(Public Law 100-462), and H.R. 4781, the Department of Defense 
Appropriations Act, 1989 (Public Law 100-463), are correct printings of 
the hand enrollments, which were approved on October 1, 1988, and if so 
to make on my behalf the certifications required by Section 2(c) of H.J. 
Res. 665 (Public Law 100-454) [set out as a note above].
    Attached are the printed enrollments of H.R. 4637, H.R. 4776, and 
H.R. 4781, which were received at the White House on December 1, 1988.
    This memorandum shall be published in the Federal Register.
                                                          Ronald Reagan.

    Memorandum of the President of the United States, Jan. 28, 1988, 53 
F.R. 2816, provided:
    Memorandum for the Archivist of the United States
    By the authority vested in me as President by the Constitution and 
laws of the United States, including Section 301 of Title 3 of the 
United States Code, I hereby authorize you to ascertain whether the 
printed enrollments of H.J. Res. 395, Joint Resolution making further 
continuing appropriations for the fiscal year 1988 (Public Law 100-202), 
and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law 
100-203), are correct printings of the hand enrollments, which were 
approved on December 22, 1987, and if so to make on my behalf the 
certifications required by Section 101(n)(4) of H.J. Res. 395 and 
Section 8004(c) of H.R. 3545 [set out as notes above].
    Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, 
which were received at the White House on January 27, 1988.
    This memorandum shall be published in the Federal Register.
                                                          Ronald Reagan.


Sec. 106a. Promulgation of laws

    Whenever a bill, order, resolution, or vote of the Senate and House 
of Representatives, having been approved by the President, or not having 
been returned by him with his objections, becomes a law or takes effect, 
it shall forthwith be received by the Archivist of the United States 
from the President; and whenever a bill, order, resolution, or vote is 
returned by the President with his objections, and, on being 
reconsidered, is agreed to be passed, and is approved by two-thirds of 
both Houses of Congress, and thereby becomes a law or takes effect, it 
shall be received by the Archivist of the United States from the 
President of the Senate, or Speaker of the House of Representatives in 
whichsoever House it shall last have been so approved, and he shall 
carefully preserve the originals.

(Added Oct. 31, 1951, ch. 655, Sec. 2(b), 65 Stat. 710; amended Pub. L. 
98-497, title I, Sec. 107(d), Oct. 19, 1984, 98 Stat. 2291.)


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services'' in two places.


                    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 Title 44, 
Public Printing and Documents.

  Similar Provisions; Repeal; Saving Clause; Delegation of Functions; 
                   Transfer of Property and Personnel

    Similar provisions were contained in R.S. Sec. 204; act Dec. 28, 
1874, ch. 9, Sec. 2, 18 Stat. 294; 1950 Reorg. Plan No. 20, Sec. 1, eff. 
May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which with the exception of 
the reorganization plan, were repealed by section 56(h) of act Oct. 31, 
1951. Subsec. (l) of that section 56 provided that the repeal should not 
affect any rights or liabilities existing under those statutes on the 
effective date of the repeal (Oct. 31, 1951). For delegation of 
functions under the repealed statutes, and transfer of records, 
property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan 
No. 20, set out in the Appendix to Title 5, Government Organization and 
Employees.


Sec. 106b. Amendments to Constitution

    Whenever official notice is received at the National Archives and 
Records Administration that any amendment proposed to the Constitution 
of the United States has been adopted, according to the provisions of 
the Constitution, the Archivist of the United States shall forthwith 
cause the amendment to be published, with his certificate, specifying 
the States by which the same may have been adopted, and that the same 
has become valid, to all intents and purposes, as a part of the 
Constitution of the United States.

(Added Oct. 31, 1951, ch. 655, Sec. 2(b), 65 Stat. 710; amended Pub. L. 
98-497, title I, Sec. 107(d), Oct. 19, 1984, 98 Stat. 2291.)


                               Amendments

    1984--Pub. L. 98-497 substituted ``National Archives and Records 
Administration'' and ``Archivist of the United States'' for ``General 
Services Administration'' and ``Administrator of General Services'', 
respectively.


                    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 Title 44, 
Public Printing and Documents.

  Similar Provisions; Repeal; Saving Clause; Delegation of Functions; 
                   Transfer of Property and Personnel

    Similar provisions were contained in R.S. Sec. 205; 1950 Reorg. Plan 
No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272. R.S. 
Sec. 205 was repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) 
of section 56 provided that the repeal should not affect any rights or 
liabilities existing under the repealed statute on the effective date of 
the repeal (Oct. 31, 1951). For delegation of functions under the 
repealed statute, and transfer of records, property, personnel, and 
funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the 
Appendix to Title 5, Government Organization and Employees.


Sec. 107. Parchment or paper for printing enrolled bills or 
        resolutions
        
    Enrolled bills and resolutions of either House of Congress shall be 
printed on parchment or paper of suitable quality as shall be determined 
by the Joint Committee on Printing.

(July 30, 1947, ch. 388, 61 Stat. 635.)


Sec. 108. Repeal of repealing act

    Whenever an Act is repealed, which repealed a former Act, such 
former Act shall not thereby be revived, unless it shall be expressly so 
provided.

(July 30, 1947, ch. 388, 61 Stat. 635.)


Sec. 109. Repeal of statutes as affecting existing liabilities

    The repeal of any statute shall not have the effect to release or 
extinguish any penalty, forfeiture, or liability incurred under such 
statute, unless the repealing Act shall so expressly provide, and such 
statute shall be treated as still remaining in force for the purpose of 
sustaining any proper action or prosecution for the enforcement of such 
penalty, forfeiture, or liability. The expiration of a temporary statute 
shall not have the effect to release or extinguish any penalty, 
forfeiture, or liability incurred under such statute, unless the 
temporary statute shall so expressly provide, and such statute shall be 
treated as still remaining in force for the purpose of sustaining any 
proper action or prosecution for the enforcement of such penalty, 
forfeiture, or liability.

(July 30, 1947, ch. 388, 61 Stat. 635.)


Sec. 110. Saving clause of Revised Statutes

    All acts of limitation, whether applicable to civil causes and 
proceedings, or to the prosecution of offenses, or for the recovery of 
penalties or forfeitures, embraced in the Revised Statutes and covered 
by the repeal contained therein, shall not be affected thereby, but all 
suits, proceedings, or prosecutions, whether civil or criminal, for 
causes arising, or acts done or committed prior to said repeal, may be 
commenced and prosecuted within the same time as if said repeal had not 
been made.

(July 30, 1947, ch. 388, 61 Stat. 635.)


Sec. 111. Repeals as evidence of prior effectiveness

    No inference shall be raised by the enactment of the Act of March 3, 
1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes 
repealed by such Act were in force or effect at the time of such 
enactment: Provided, however, That any rights or liabilities existing 
under such repealed sections shall not be affected by their repeal.

(July 30, 1947, ch. 388, 61 Stat. 635.)

                       References in Text

    Act of March 3, 1933, referred to in text, was repealed by section 2 
of act July 30, 1947, section 1 of which enacted this title.


Sec. 112. Statutes at Large; contents; admissibility in evidence

    The Archivist of the United States shall cause to be compiled, 
edited, indexed, and published, the United States Statutes at Large, 
which shall contain all the laws and concurrent resolutions enacted 
during each regular session of Congress; all proclamations by the 
President in the numbered series issued since the date of the 
adjournment of the regular session of Congress next preceding; and also 
any amendments to the Constitution of the United States proposed or 
ratified pursuant to article V thereof since that date, together with 
the certificate of the Archivist of the United States issued in 
compliance with the provision contained in section 106b of this title. 
In the event of an extra session of Congress, the Archivist of the 
United States shall cause all the laws and concurrent resolutions 
enacted during said extra session to be consolidated with, and published 
as part of, the contents of the volume for the next regular session. The 
United States Statutes at Large shall be legal evidence of laws, 
concurrent resolutions, treaties, international agreements other than 
treaties, proclamations by the President, and proposed or ratified 
amendments to the Constitution of the United States therein contained, 
in all the courts of the United States, the several States, and the 
Territories and insular possessions of the United States.

(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 1001, Sec. 1, 
64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3, 65 Stat. 710; Pub. L. 98-
497, title I, Sec. 107(d), Oct. 19, 1984, 98 Stat. 2291.)


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services'' in three places.
    1951--Act Oct. 31, 1951, substituted ``106b of this title'' for 
``205 of the Revised Statutes'' in first sentence.
    1950--Act Sept. 23, 1950, amended section generally to implement 
1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 
Stat. 1272, which transferred to the Administrator of General Services 
certain duties formerly performed by the Secretary of State.


                    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 Title 44, 
Public Printing and Documents.


             Publishing Pub. L. 107-206 in Statutes at Large

    Pub. L. 107-206, title III, Sec. 3002(h), Aug. 2, 2002, 116 Stat. 
924, provided that: ``In publishing the Act in slip form and in the 
United States Statutes at Large pursuant to section 112, of title 1, 
United States Code, the Archivist of the United States shall include 
after the date of approval at the end an appendix setting forth the text 
of the bill referred to in subsection (a) [set out as a Short Title of 
2002 Amendment note under section 101 of Title 39, Postal Service].''


              Publication of Certain Laws of 106th Congress

    Pub. L. 106-554, Sec. 1(b), Dec. 21, 2000, 114 Stat. 2763, provided 
that: ``In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date of 
approval at the end appendixes setting forth the texts of the bills 
referred to in subsection (a) of this section [enacting into law H.R. 
5656, H.R. 5657, H.R. 5658, H.R. 5660, H.R. 5661, H.R. 5662, and H.R. 
5663 of the 106th Congress, as introduced on Dec. 14, 2000, and H.R. 
5666 and H.R. 5667 of the 106th Congress, as introduced on Dec. 15, 
2000, except that the text of H.R. 5666, as so enacted, shall not 
include section 123] and the text of any other bill enacted into law by 
reference by reason of the enactment of this Act.''

    Pub. L. 106-553, Sec. 1(b), Dec. 21, 2000, 114 Stat. 2762, provided 
that: ``In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date of 
approval at the end appendixes setting forth the texts of the bills 
referred to in subsection (a) of this section [enacting into law H.R. 
5547 and H.R. 5548 of the 106th Congress, as introduced on Oct. 25, 
2000].''

    Pub. L. 106-429, Sec. 101(a) [title V, Sec. 595(b)], Nov. 6, 2000, 
114 Stat. 1900, 1900A-60, provided that: ``In publishing the Act in slip 
form and in the United States Statutes at Large pursuant to section 112, 
of title 1, United States Code, the Archivist of the United States shall 
include after the date of approval at the end appendixes setting forth 
the texts of the bill referred to in subsection (a) of this section 
[enacting into law S. 3140 of the 106th Congress, as introduced on Sept. 
28, 2000].''

    Pub. L. 106-429, Sec. 101(b), Nov. 6, 2000, 114 Stat. 1900, provided 
that: ``In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date of 
approval at the end an appendix setting forth the text of the bill 
referred to in subsection (a) of this section [enacting into law H.R. 
5526 of the 106th Congress, as introduced on Oct. 24, 2000].''

    Pub. L. 106-398, Sec. 2, Oct. 30, 2000, 114 Stat. 1654, provided 
that: ``In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date of 
approval an appendix setting forth the text of the bill referred to in 
section 1 [enacting into law H.R. 5408 of the 106th Congress, as 
introduced on Oct. 6, 2000].''

    Pub. L. 106-387, Sec. 1(b), Oct. 28, 2000, 114 Stat. 1549, provided 
that: ``In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date of 
approval at the end an appendix setting forth the text of the bill 
referred to in subsection (a) of this section [enacting into law H.R. 
5426 of the 106th Congress, as introduced on Oct. 6, 2000].''

    Pub. L. 106-377, Sec. 1(b), Oct. 27, 2000, 114 Stat. 1441, provided 
that: ``In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date of 
approval at the end appendixes setting forth the texts of the bills 
referred to in subsection (a) of this section [enacting into law H.R. 
5482 and 5483 of the 106th Congress, as introduced on Oct. 18, 2000].''

    Pub. L. 106-346, Sec. 101(b), Oct. 23, 2000, 114 Stat. 1356, 
provided that: ``In publishing the Act in slip form and in the United 
States Statutes at Large pursuant to section 112 of title 1, United 
States Code, the Archivist of the United States shall include after the 
date of approval at the end an appendix setting forth the text of the 
bill referred to in subsection (a) of this section [enacting into law 
H.R. 5394 of the 106th Congress, as introduced on Oct. 5, 2000].''

    Pub. L. 106-113, div. B, Sec. 1000(b), Nov. 29, 1999, 113 Stat. 
1536, provided that: ``In publishing the Act in slip form and in the 
United States Statutes at Large pursuant to section 112, of title 1, 
United States Code, the Archivist of the United States shall include 
after the date of approval at the end appendixes setting forth the texts 
of the bills referred to in subsection (a) of this section [enacting 
into law H.R. 3421, H.R. 3422, H.R. 3423, H.R. 3424, H.R. 3425, H.R. 
3426, H.R. 3427 (as amended), H.R. 3428, and S. 1948 of the 106th 
Congress, as introduced on Nov. 17, 1999].''


           Effect of Repeal of Section 73 of Act Jan. 12, 1895

    This section and section 112a of this title as not affected by the 
repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which 
related to the same subject matter, see section 56(i) of act Oct. 31, 
1951, ch. 655, 65 Stat. 729.


Sec. 112a. United States Treaties and Other International 
        Agreements; contents; admissibility in evidence
        
    (a) The Secretary of State shall cause to be compiled, edited, 
indexed, and published, beginning as of January 1, 1950, a compilation 
entitled ``United States Treaties and Other International Agreements,'' 
which shall contain all treaties to which the United States is a party 
that have been proclaimed during each calendar year, and all 
international agreements other than treaties to which the United States 
is a party that have been signed, proclaimed, or with reference to which 
any other final formality has been executed, during each calendar year. 
The said United States Treaties and Other International Agreements shall 
be legal evidence of the treaties, international agreements other than 
treaties, and proclamations by the President of such treaties and 
agreements, therein contained, in all the courts of the United States, 
the several States, and the Territories and insular possessions of the 
United States.
    (b) The Secretary of State may determine that publication of certain 
categories of agreements is not required, if the following criteria are 
met:
        (1) such agreements are not treaties which have been brought 
    into force for the United States after having received Senate advice 
    and consent pursuant to section 2(2) of Article II of the 
    Constitution of the United States;
        (2) the public interest in such agreements is insufficient to 
    justify their publication, because (A) as of the date of enactment 
    of the Foreign Relations Authorization Act, Fiscal Years 1994 and 
    1995, the agreements are no longer in force,\1\ (B) the agreements 
    do not create private rights or duties, or establish standards 
    intended to govern government action in the treatment of private 
    individuals; (C) in view of the limited or specialized nature of the 
    public interest in such agreements, such interest can adequately be 
    satisfied by an alternative means; or (D) the public disclosure of 
    the text of the agreement would, in the opinion of the President, be 
    prejudicial to the national security of the United States; and
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should be a semicolon.
---------------------------------------------------------------------------
        (3) copies of such agreements (other than those in paragraph 
    (2)(D)), including certified copies where necessary for litigation 
    or similar purposes, will be made available by the Department of 
    State upon request.

    (c) Any determination pursuant to subsection (b) shall be published 
in the Federal Register.
    (d) The Secretary of State shall make publicly available through the 
Internet website of the Department of State each treaty or international 
agreement proposed to be published in the compilation entitled ``United 
States Treaties and Other International Agreements'' not later than 180 
days after the date on which the treaty or agreement enters into force.

(Added Sept. 23, 1950, ch. 1001, Sec. 2, 64 Stat. 980; amended Pub. L. 
103-236, title I, Sec. 138, Apr. 30, 1994, 108 Stat. 397; Pub. L. 108-
458, title VII, Sec. 7121(a), Dec. 17, 2004, 118 Stat. 3807.)

                       References in Text

    The date of enactment of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, referred to in subsec. (b)(2)(A), is the 
date of enactment of Pub. L. 103-236, which was approved Apr. 30, 1994.


                               Amendments

    2004--Subsec. (d). Pub. L. 108-458 added subsec. (d).
    1994--Pub. L. 103-236 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).


                    Effective Date of 2004 Amendment

    Pub. L. 108-458, title VII, Sec. 7122, Dec. 17, 2004, 118 Stat. 
3808, provided that: ``Notwithstanding any other provision of this Act 
[see Tables for classification], this subtitle [subtitle A 
(Sec. Sec. 7101-7122) of title VII of Pub. L. 108-458, enacting sections 
2228, 2732, 3922b, 4029, 7536a, and 7555 of Title 22, Foreign Relations 
and Intercourse, amending this section, section 112b of this title, 
section 1189 of Title 8, Aliens and Nationality, sections 2651a, 2656f, 
4003, 7513, 7514, 7518, 7536, 7537, 7538, and 7554 of Title 22, and 
section 2405 of Title 50, Appendix, War and National Defense, repealing 
section 2374 of Title 22, enacting provisions set out as notes under 
section 1189 of Title 8, sections 1431, 2451, 2452, 2651a, 2656, 2656f, 
7501, 7511, 7513, 7514, and 7536 of Title 22, and section 2405 of Title 
50, Appendix, and amending provisions set out as a note under section 
112b of this title] shall take effect on the date of enactment of this 
Act [Dec. 17, 2004].''


           Effect of Repeal of Section 73 of Act Jan. 12, 1895

    This section and section 112 of this title as not affected by the 
repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which 
related to the same subject matter, see section 56(i) of act Oct. 31, 
1951, ch. 655, 65 Stat. 729.


                     Written Requests for Documents

    Copies of United States Treaties and Other International Agreements 
not available to Senators or Representatives unless specifically 
requested by them, in writing, see Pub. L. 94-59, title VIII, Sec. 801, 
July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of 
Title 44, Public Printing and Documents.


Sec. 112b. United States international agreements; transmission 
        to Congress
        
    (a) The Secretary of State shall transmit to the Congress the text 
of any international agreement (including the text of any oral 
international agreement, which agreement shall be reduced to writing), 
other than a treaty, to which the United States is a party as soon as 
practicable after such agreement has entered into force with respect to 
the United States but in no event later than sixty days thereafter. 
However, any such agreement the immediate public disclosure of which 
would, in the opinion of the President, be prejudicial to the national 
security of the United States shall not be so transmitted to the 
Congress but shall be transmitted to the Committee on Foreign Relations 
of the Senate and the Committee on International Relations of the House 
of Representatives under an appropriate injunction of secrecy to be 
removed only upon due notice from the President. Any department or 
agency of the United States Government which enters into any 
international agreement on behalf of the United States shall transmit to 
the Department of State the text of such agreement not later than twenty 
days after such agreement has been signed.
    (b) Not later than March 1, 1979, and at yearly intervals 
thereafter, the President shall, under his own signature, transmit to 
the Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate a report with respect to 
each international agreement which, during the preceding year, was 
transmitted to the Congress after the expiration of the 60-day period 
referred to in the first sentence of subsection (a), describing fully 
and completely the reasons for the late transmittal.
    (c) Notwithstanding any other provision of law, an international 
agreement may not be signed or otherwise concluded on behalf of the 
United States without prior consultation with the Secretary of State. 
Such consultation may encompass a class of agreements rather than a 
particular agreement.
    (d)(1) The Secretary of State shall annually submit to Congress a 
report that contains an index of all international agreements, listed by 
country, date, title, and summary of each such agreement (including a 
description of the duration of activities under the agreement and the 
agreement itself), that the United States--
        (A) has signed, proclaimed, or with reference to which any other 
    final formality has been executed, or that has been extended or 
    otherwise modified, during the preceding calendar year; and
        (B) has not been published, or is not proposed to be published, 
    in the compilation entitled ``United States Treaties and Other 
    International Agreements''.

    (2) The report described in paragraph (1) may be submitted in 
classified form.
    (e)(1) Subject to paragraph (2), the Secretary of State shall 
determine for and within the executive branch whether an arrangement 
constitutes an international agreement within the meaning of this 
section.
    (2)(A) An arrangement shall constitute an international agreement 
within the meaning of this section (other than subsection (c)) 
irrespective of the duration of activities under the arrangement or the 
arrangement itself.
    (B) Arrangements that constitute an international agreement within 
the meaning of this section (other than subsection (c)) include the 
following:
        (i) A bilateral or multilateral counterterrorism agreement.
        (ii) A bilateral agreement with a country that is subject to a 
    determination under section 6(j)(1)(A) of the Export Administration 
    Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the 
    Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) 
    of the Arms Export Control Act (22 U.S.C. 2780(d)).

    (f) The President shall, through the Secretary of State, promulgate 
such rules and regulations as may be necessary to carry out this 
section.

(Added Pub. L. 92-403, Sec. 1, Aug. 22, 1972, 86 Stat. 619; amended Pub. 
L. 95-45, Sec. 5, June 15, 1977, 91 Stat. 224; Pub. L. 95-426, title 
VII, Sec. 708, Oct. 7, 1978, 92 Stat. 993; Pub. L. 103-437, Sec. 1, Nov. 
2, 1994, 108 Stat. 4581; Pub. L. 108-458, title VII, Sec. 7121(b)-(d), 
Dec. 17, 2004, 118 Stat. 3807, 3808.)


                               Amendments

    2004--Subsec. (a). Pub. L. 108-458, Sec. 7121(b), substituted 
``Committee on International Relations'' for ``Committee on Foreign 
Affairs''.
    Subsec. (d). Pub. L. 108-458, Sec. 7121(c), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 108-458, Sec. 7121(d), designated existing 
provisions as par. (1), substituted ``Subject to paragraph (2), the 
Secretary of State'' for ``The Secretary of State'', and added par. (2).
    Pub. L. 108-458, Sec. 7121(c)(1), redesignated subsec. (d) as (e). 
Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 108-458, Sec. 7121(c)(1), redesignated subsec. 
(e) as (f).
    1994--Subsec. (a). Pub. L. 103-437 substituted ``Committee on 
Foreign Affairs'' for ``Committee on International Relations''.
    1978--Pub. L. 95-426 designated existing provisions as subsec. (a), 
inserted ``(including the text of any oral international agreement, 
which agreement shall be reduced to writing)'', and added subsecs. (b) 
to (e).
    1977--Pub. L. 95-45 substituted ``Committee on International 
Relations of the House of Representatives'' for ``Committee on Foreign 
Affairs of the House of Representatives'' and inserted requirement that 
any department or agency of the United States Government which enters 
into any international agreement on behalf of the United States transmit 
to the Department of State the text of such agreement not later than 
twenty days after the agreement has been signed.

                         Change of Name

    Committee on International Relations of House of Representatives 
changed to Committee on Foreign Affairs of House of Representatives by 
House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.


                               Short Title

    This section is popularly known as the Case-Zablocki Act.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which the 
report required by subsec. (b) of this section is listed on page 38), 
see section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance.


                               Enforcement

    Pub. L. 100-204, title I, Sec. 139, Dec. 22, 1987, 101 Stat. 1347, 
as amended by Pub. L. 108-458, title VII, Sec. 7121(e), Dec. 17, 2004, 
118 Stat. 3808, provided that:
    ``(a) Restriction on Use of Funds.--If any international agreement, 
whose text is required to be transmitted to the Congress pursuant to the 
first sentence of subsection (a) of section 112b of title 1, United 
States Code (commonly referred to as the `Case-Zablocki Act'), is not so 
transmitted within the 60-day period specified in that sentence, then no 
funds authorized to be appropriated by this or any other Act shall be 
available after the end of that 60-day period to implement that 
agreement until the text of that agreement has been so transmitted.
    ``(b) Effective Date.--Subsection (a) shall take effect 60 days 
after the date of enactment of the 911 [probably means 9/11] Commission 
Implementation Act of 2004 [Dec. 17, 2004] and shall apply during fiscal 
years 2005, 2006, and 2007.''


Sec. 113. ``Little and Brown's'' edition of laws and treaties; 
        slip laws; Treaties and Other International Acts Series; 
        admissibility in evidence
        
    The edition of the laws and treaties of the United States, published 
by Little and Brown, and the publications in slip or pamphlet form of 
the laws of the United States issued under the authority of the 
Archivist of the United States, and the Treaties and Other International 
Acts Series issued under the authority of the Secretary of State shall 
be competent evidence of the several public and private Acts of 
Congress, and of the treaties, international agreements other than 
treaties, and proclamations by the President of such treaties and 
international agreements other than treaties, as the case may be, 
therein contained, in all the courts of law and equity and of maritime 
jurisdiction, and in all the tribunals and public offices of the United 
States, and of the several States, without any further proof or 
authentication thereof.

(July 30, 1947, ch. 388, 61 Stat. 636; Pub. L. 89-497, Sec. 1, July 8, 
1966, 80 Stat. 271; Pub. L. 98-497, title I, Sec. 107(d), Oct. 19, 1984, 
98 Stat. 2291.)


                               Amendments

    1984--Pub. L. 98-497 substituted ``Archivist of the United States'' 
for ``Administrator of General Services''.
    1966--Pub. L. 89-497 made slip laws and the Treaties and Other 
International Acts Series competent legal evidence of the several acts 
of Congress and the treaties and other international agreements 
contained therein.


                    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 Title 44, 
Public Printing and Documents.


Sec. 114. Sealing of instruments

    In all cases where a seal is necessary by law to any commission, 
process, or other instrument provided for by the laws of Congress, it 
shall be lawful to affix the proper seal by making an impression 
therewith directly on the paper to which such seal is necessary; which 
shall be as valid as if made on wax or other adhesive substance.

(July 30, 1947, ch. 388, 61 Stat. 636.)


 CHAPTER 3--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS; DISTRICT OF 
                      COLUMBIA CODE AND SUPPLEMENTS

Sec.
201.          Publication and distribution of Code of Laws of United 
                  States and Supplements and District of Columbia Code 
                  and Supplements.
       (a)    Publishing in slip or pamphlet form or in Statutes at 
                  Large.
       (b)    Curtailing number of copies published.
       (c)    Dispensing with publication of more than one Supplement 
                  for each Congress.
202.          Preparation and publication of Codes and Supplements.
       (a)    Cumulative Supplements to Code of Laws of United States 
                  for each session of Congress.
       (b)    Cumulative Supplement to District of Columbia Code for 
                  each session of Congress.
       (c)    New editions of Codes and Supplements.
203.          District of Columbia Code; preparation and publication; 
                  cumulative supplements.
204.          Codes and Supplements as evidence of the laws of United 
                  States and District of Columbia; citation of Codes and 
                  Supplements.
       (a)    United States Code.
       (b)    District of Columbia Code.
       (c)    District of Columbia Code; citation.
       (d)    Supplements to Codes; citation.
       (e)    New edition of Codes; citation.
205.          Codes and Supplement; where printed; form and style; 
                  ancillaries.
206.          Bills and resolutions of Committee on the Judiciary of 
                  House of Representatives; form and style; ancillaries; 
                  curtailment of copies.
207.          Copies of acts and resolutions in slip form; additional 
                  number printed for Committee on the Judiciary of House 
                  of Representatives.
208.          Delegation of function of Committee on the Judiciary to 
                  other agencies; printing, etc., under direction of 
                  Joint Committee on Printing.\1\
  
---------------------------------------------------------------------------
    \1\ So in original. Does not conform to section catchline.
---------------------------------------------------------------------------
209.          Copies of Supplements to Code of Laws of United States and 
                  of District of Columbia Code and Supplements; 
                  conclusive evidence of original.
210.          Distribution of Supplements to Code of Laws of United 
                  States and of District of Columbia Code and 
                  Supplements; slip and pamphlet copies.
211.          Copies to Members of Congress.
212.          Additional distribution at each new Congress.
213.          Appropriation for preparing and editing supplements.


Sec. 201. Publication and distribution of Code of Laws of United 
        States and Supplements and District of Columbia Code and 
        Supplements
        
    In order to avoid duplication and waste--
    (a) Publishing in slip or pamphlet form or in Statutes at Large.--
Publication in slip or pamphlet form or in the Statutes at Large of any 
of the volumes or publications enumerated in sections 202 and 203 of 
this title, shall, in event of enactment, be dispensed with whenever the 
Committee on the Judiciary of the House of Representatives so directs 
the Archivist of the United States;
    (b) Curtailing number of copies published.--Curtailment of the 
number provided by law to be printed and distributed of the volumes or 
publications enumerated in sections 202 and 203 of this title may be 
directed by such committee, except that the Public Printer shall print 
such numbers as are necessary for depository library distribution and 
for sale; and
    (c) Dispensing with publication of more than one Supplement for each 
Congress.--Such committee may direct that the printing and distribution 
of any supplement to the Code of Laws of the United States or to the 
Code of the District of Columbia be dispensed with entirely, except that 
there shall be printed and distributed for each Congress at least one 
supplement to each such code, containing the legislation of such 
Congress.

(July 30, 1947, ch. 388, 61 Stat. 637; Sept. 3, 1954, ch. 1263, Sec. 1, 
68 Stat. 1226; Pub. L. 98-497, title I, Sec. 107(d), Oct. 19, 1984, 98 
Stat. 2291.)


                               Amendments

    1984--Subsec. (a). Pub. L. 98-497 substituted ``Archivist of the 
United States'' for ``Administrator of General Services''.
    1954--Subsec. (a). Act Sept. 3, 1954, substituted ``Administrator of 
General Services'' for ``Secretary of State''.


                    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 Title 44, 
Public Printing and Documents.


Sec. 202. Preparation and publication of Codes and Supplements

    There shall be prepared and published under the supervision of the 
Committee on the Judiciary of the House of Representatives--
    (a) Cumulative Supplements to Code of Laws of United States for each 
session of Congress.--A supplement for each session of the Congress to 
the then current edition of the Code of Laws of the United States, 
cumulatively embracing the legislation of the then current supplement, 
and correcting errors in such edition and supplement;
    (b) Cumulative Supplement to District of Columbia Code for each 
session of Congress.--A supplement for each session of the Congress to 
the then current edition of the Code of the District of Columbia, 
cumulatively embracing the legislation of the then current supplement, 
and correcting errors in such edition and supplement;
    (c) New editions of Codes and Supplements.--New editions of the Code 
of Laws of the United States and of the Code of the District of 
Columbia, correcting errors and incorporating the then current 
supplement. In the case of each code new editions shall not be published 
oftener than once in each five years. Copies of each such edition shall 
be distributed in the same manner as provided in the case of supplements 
to the code of which it is a new edition. Supplements published after 
any new edition shall not contain the legislation of supplements 
published before such new edition.

(July 30, 1947, ch. 388, 61 Stat. 637.)


                            Cross References

    Council of the District of Columbia, functions respecting, see 
section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as a 
note under section 285b of Title 2, The Congress.
    Office of the Law Revision Counsel, functions respecting 
preparation, revision, publication, etc., see section 285b of Title 2.


Sec. 203. District of Columbia Code; preparation and 
        publication; cumulative supplements
        
    The Committee on the Judiciary of the House of Representatives is 
authorized to print bills to codify, revise, and reenact the general and 
permanent laws relating to the District of Columbia and cumulative 
supplements thereto, similar in style, respectively, to the Code of Laws 
of the United States, and supplements thereto, and to so continue until 
final enactment thereof in both Houses of the Congress of the United 
States.

(July 30, 1947, ch. 388, 61 Stat. 638.)


 Commission on Revision of the Criminal Laws of the District of Columbia

    Pub. L. 90-226, title X, Dec. 27, 1967, 81 Stat. 742, provided for 
creation and operation of a commission to study and make recommendations 
with reference to a revised code of criminal law and procedure for the 
District of Columbia, prior to repeal by Pub. L. 91-358, title VI, 
Sec. 601, July 29, 1970, 84 Stat. 667, as amended by Pub. L. 91-530, 
Sec. 2(b)(1), Dec. 7, 1970, 84 Stat. 1390.


                            Cross References

    Council of the District of Columbia, functions respecting, see 
section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as a 
note under section 285b of Title 2, The Congress.
    Office of the Law Revision Counsel, functions respecting, see 
section 285b of Title 2.


Sec. 204. Codes and Supplements as evidence of the laws of 
        United States and District of Columbia; citation of Codes and 
        Supplements
        
    In all courts, tribunals, and public offices of the United States, 
at home or abroad, of the District of Columbia, and of each State, 
Territory, or insular possession of the United States--
    (a) United States Code.--The matter set forth in the edition of the 
Code of Laws of the United States current at any time shall, together 
with the then current supplement, if any, establish prima facie the laws 
of the United States, general and permanent in their nature, in force on 
the day preceding the commencement of the session following the last 
session the legislation of which is included: Provided, however, That 
whenever titles of such Code shall have been enacted into positive law 
the text thereof shall be legal evidence of the laws therein contained, 
in all the courts of the United States, the several States, and the 
Territories and insular possessions of the United States.
    (b) District of Columbia Code.--The matter set forth in the edition 
of the Code of the District of Columbia current at any time shall, 
together with the then current supplement, if any, establish prima facie 
the laws, general and permanent in their nature, relating to or in force 
in the District of Columbia on the day preceding the commencement of the 
session following the last session the legislation of which is included, 
except such laws as are of application in the District of Columbia by 
reason of being laws of the United States general and permanent in their 
nature.
    (c) District of Columbia Code; citation.--The Code of the District 
of Columbia may be cited as ``D.C. Code''.
    (d) Supplements to Codes; citation.--Supplements to the Code of Laws 
of the United States and to the Code of the District of Columbia may be 
cited, respectively, as ``U.S.C., Sup.    '', and ``D.C. Code, Sup.    
'', the blank in each case being filled with Roman figures denoting the 
number of the supplement.
    (e) New edition of Codes; citation.--New editions of each of such 
codes may be cited, respectively, as ``U.S.C.,    ed.'', and ``D.C. 
Code,     ed.'', the blank in each case being filled with figures 
denoting the last year the legislation of which is included in whole or 
in part.

(July 30, 1947, ch. 388, 61 Stat. 638.)


                United States Code Titles as Positive Law

    The following titles of the United States Code were enacted into 
positive law by the acts enumerated below:
    Title 1, General Provisions--Act July 30, 1947, ch. 388, Sec. 1, 61 
Stat. 633.
    Title 3, The President--Act June 25, 1948, ch. 644, Sec. 1, 62 Stat. 
672.
    Title 4, Flag and Seal, Seat of Government, and the States--Act July 
30, 1947, ch. 389, Sec. 1, 61 Stat. 641.
    Title 5, Government Organization and Employees--Pub. L. 89-554, 
Sec. 1, Sept. 6, 1966, 80 Stat. 378.
    Title 9, Arbitration--Act July 30, 1947, ch. 392, Sec. 1, 61 Stat. 
669.
    Title 10, Armed Forces--Act Aug. 10, 1956, ch. 1041, Sec. 1, 70A 
Stat. 1.
    Title 11, Bankruptcy--Pub. L. 95-598, title I, Sec. 101, Nov. 6, 
1978, 92 Stat. 2549.
    Title 13, Census--Act Aug. 31, 1954, ch. 1158, 68 Stat. 1012.
    Title 14, Coast Guard--Act Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 
495.
    Title 17, Copyrights--Act July 30, 1947, ch. 391, Sec. 1, 61 Stat. 
652, as amended Oct. 19, 1976, Pub. L. 94-553, title I, Sec. 101, 90 
Stat. 2541.
    Title 18, Crimes and Criminal Procedure--Act June 25, 1948, ch. 645, 
Sec. 1, 62 Stat. 683.
    Title 23, Highways--Pub. L. 85-767, Sec. 1, Aug. 27, 1958, 72 Stat. 
885.
    Title 28, Judiciary and Judicial Procedure--Act June 25, 1948, ch. 
646, Sec. 1, 62 Stat. 869.
    Title 31, Money and Finance--Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 
96 Stat. 877.
    Title 32, National Guard--Act Aug. 10, 1956, ch. 1041, Sec. 2, 70A 
Stat. 596.
    Title 34, Navy--See Title 10, Armed Forces.
    Title 35, Patents--Act July 19, 1952, ch. 950, Sec. 1, 66 Stat. 792.
    Title 36, Patriotic and National Observances, Ceremonies, and 
Organizations--Pub. L. 105-225, Sec. 1, Aug. 12, 1998, 112 Stat. 1253.
    Title 37, Pay and Allowances of the Uniformed Services--Pub. L. 87-
649, Sec. 1, Sept. 7, 1962. 76 Stat. 451.
    Title 38, Veterans' Benefits--Pub. L. 85-857, Sec. 1, Sept. 2, 1958, 
72 Stat. 1105.
    Title 39, Postal Service--Pub. L. 86-682, Sec. 1, Sept. 2, 1960, 74 
Stat. 578, as revised Pub. L. 91-375, Sec. 2, Aug. 12, 1970, 84 Stat. 
719.
    Title 40, Public Buildings, Property, and Works--Pub. L. 107-217, 
Sec. 1, Aug. 21, 2002, 116 Stat. 1062.
    Title 44, Public Printing and Documents--Pub. L. 90-620, Sec. 1, 
Oct. 22, 1968, 82 Stat. 1238.
    Title 46, Shipping--Pub. L. 98-89, Sec. 1, Aug. 26, 1983, 97 Stat. 
500; Pub. L. 99-509, title V, subtitle B, Sec. 5101, Oct. 21, 1986, 100 
Stat. 1913; Pub. L. 100-424, Sec. 6, Sept. 9, 1988, 102 Stat. 1591; Pub. 
L. 100-710, title I, Sec. 102, Nov. 23, 1988, 102 Stat. 4738; Pub. L. 
109-304, Oct. 6, 2006, 120 Stat. 1485.
    Title 49, Transportation--Pub. L. 95-473, Sec. 1, Oct. 17, 1978, 92 
Stat. 1337; Pub. L. 97-449, Sec. 1, Jan. 12, 1983, 96 Stat. 2413; Pub. 
L. 103-272, Sec. 1, July 5, 1994, 108 Stat. 745.


                     Title 26, Internal Revenue Code

    The Internal Revenue Code of 1954 was enacted in the form of a 
separate code by act Aug. 16, 1954, ch. 736, 68A Stat. 1. Pub. L. 99-
514, Sec. 2(a), Oct. 22, 1986, 100 Stat. 2095, provided that the 
Internal Revenue Title enacted Aug. 16, 1954, as heretofore, hereby, or 
hereafter amended, may be cited as the ``Internal Revenue Code of 
1986''. The sections of Title 26, United States Code, are identical to 
the sections of the Internal Revenue Code.


Sec. 205. Codes and Supplement; where printed; form and style; 
        ancillaries
        
    The publications provided for in sections 202, 203 of this title 
shall be printed at the Government Printing Office and shall be in such 
form and style and with such ancillaries as may be prescribed by the 
Committee on the Judiciary of the House of Representatives. The 
Librarian of Congress is directed to cooperate with such committee in 
the preparation of such ancillaries. Such publications shall be 
furnished with such thumb insets and other devices to distinguish parts, 
with such facilities for the insertion of additional matter, and with 
such explanatory and advertising slips, and shall be printed on such 
paper and bound in such material, as may be prescribed by such 
committee.

(July 30, 1947, ch. 388, 61 Stat. 639.)


Sec. 206. Bills and resolutions of Committee on the Judiciary of 
        House of Representatives; form and style; ancillaries; 
        curtailment of copies
        
    All bills and resolutions relating to the revision of the laws 
referred to or reported by the Committee on the Judiciary of the House 
of Representatives shall be printed in such form and style, and with 
such ancillaries, as such committee may prescribe as being economical 
and suitable, to so continue until final enactment thereof in both 
Houses of Congress; and such committee may also curtail the number of 
copies of such bills to be printed in the various parliamentary stages 
in the House of Representatives.

(July 30, 1947, ch. 388, 61 Stat. 639.)


Sec. 207. Copies of acts and resolutions in slip form; 
        additional number printed for Committee on the Judiciary of 
        House of Representatives
        
    The Public Printer is directed to print, in addition to the number 
provided by existing law, and, as soon as printed, to distribute in such 
manner as the Committee on the Judiciary of the House of Representatives 
shall determine, twenty copies in slip form of each public Act and joint 
resolution.

(July 30, 1947, ch. 388, 61 Stat. 639.)


Sec. 208. Delegation of function of Committee on the Judiciary 
        to other agencies; printing, and so forth, under direction of 
        Joint Committee on Printing
        
    The functions vested by sections 201, 202, 204-207 of this title in 
the Committee on the Judiciary of the House of Representatives may from 
time to time be vested in such other agency as the Congress may by 
concurrent resolution provide: Provided, That the printing, binding, and 
distribution of the volumes and publications enumerated in sections 202, 
203 of this title shall be done under the direction of the Joint 
Committee on Printing.

(July 30, 1947, ch. 388, 61 Stat. 639.)


Sec. 209. Copies of Supplements to Code of Laws of United States 
        and of District of Columbia Code and Supplements; conclusive 
        evidence of original
        
    Copies of the Code of Laws relating to the District of Columbia and 
copies of the supplements provided for by sections 202 and 203 of this 
title printed at the Government Printing Office and bearing its imprint, 
shall be conclusive evidence of the original of such code and 
supplements in the custody of the Administrator of General Services.

(July 30, 1947, ch. 388, 61 Stat. 639; Sept. 3, 1954, ch. 1263, Sec. 2, 
68 Stat. 1226.)


                               Amendments

    1954--Act Sept. 3, 1954, substituted ``Administrator of General 
Services'' for ``Secretary of State''.


Sec. 210. Distribution of Supplements to Code of Laws of United 
        States and of District of Columbia Code and Supplements; slip 
        and pamphlet copies
        
    Copies of the Code of Laws relating to the District of Columbia, and 
of the supplements provided for by sections 202, 203 of this title shall 
be distributed by the Superintendent of Documents in the same manner as 
bound volumes of the Statutes at Large: Provided, That no slip or 
pamphlet copies of the Code of Laws relating to the District of 
Columbia, and of the supplements provided for by sections 202, 203 of 
this title need be printed or distributed.

(July 30, 1947, ch. 388, 61 Stat. 640.)


                            Cross References

    Distribution of Statutes at Large, see section 728 of Title 44, 
Public Printing and Documents.


Sec. 211. Copies to Members of Congress

    In addition to quotas provided for by section 210 of this title 
there shall be printed, published, and distributed of the Code of Laws 
relating to the District of Columbia with tables, index, and other 
ancillaries, suitably bound and with thumb inserts and other convenient 
devices to distinguish the parts, and of the supplements to both codes 
as provided for by sections 202, 203 of this title, ten copies of each 
for each Member of the Senate and House of Representatives of the 
Congress in which the original authorized publication is made, for his 
use and distribution, and in addition for the Committee on the Judiciary 
of the House of Representatives and the Committee on the Judiciary of 
the Senate a number of bound copies of each equal to ten times the 
number of members of such committees, and one bound copy of each for the 
use of each committee of the Senate and House of Representatives.

(July 30, 1947, ch. 388, 61 Stat. 640.)


    Limitation on Copies of New Editions for House of Representatives

    Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 447, provided 
that: ``Hereafter, appropriations for authorized printing and binding 
for the Congress shall not be available under the authority of the Act 
of July 30, 1947 (1 U.S.C. 211) for the printing, publication, and 
distribution of more than two copies of new editions of the Code of Laws 
of the United States and of the Code of the District of Columbia for 
each Member of the House of Representatives.''


                     Written Requests for Documents

    Copies of District of Columbia Code and Supplements not available to 
Senators or Representatives unless specifically requested by them, in 
writing, see Pub. L. 94-59, title VIII, Sec. 801, July 25, 1975, 89 
Stat. 296, set out as a note under section 1317 of Title 44, Public 
Printing and Documents.


Sec. 212. Additional distribution at each new Congress

    In addition the Superintendent of Documents shall, at the beginning 
of the first session of each Congress, supply to each Senator and 
Representative in such Congress, who may in writing apply for the same, 
one copy each of the Code of Laws of the United States, the Code of Laws 
relating to the District of Columbia, and the latest supplement to each 
code: Provided, That such applicant shall certify in his written 
application for the same that the volume or volumes for which he applies 
is intended for his personal use exclusively: And provided further, That 
no Senator or Representative during his term of service shall receive 
under this section more than one copy each of the volumes enumerated 
herein.

(July 30, 1947, ch. 388, 61 Stat. 640.)


Sec. 213. Appropriation for preparing and editing supplements

    For preparation and editing an annual appropriation of $6,500 is 
authorized to carry out the purposes of sections 202 and 203 of this 
title.

(July 30, 1947, ch. 388, 61 Stat. 640.)


                          TITLE 2--THE CONGRESS

                   CHAPTER 2--ORGANIZATION OF CONGRESS



Sec. 28. Parliamentary precedents of House of Representatives


(a) Periodic compilation; other useful materials; index digest; date of 
        completion

    The Parliamentarian of the House of Representatives, at the 
beginning of the fifth fiscal year following the completion and 
publication of the parliamentary precedents of the House authorized by 
the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 
89-90), and at the beginning of each fifth fiscal year thereafter, shall 
commence the compilation and preparation for printing of the 
parliamentary precedents of the House of Representatives, together with 
such other materials as may be useful in connection therewith, and an 
index digest of such precedents and other materials. Each such 
compilation and preparation for printing of the parliamentary precedents 
of the House shall be completed by the close of the fiscal year 
immediately following the fiscal year in which such work is commenced.

(b) Form, number, and distribution of compilation

    As so compiled and prepared, such precedents and other materials and 
index digest shall be printed on pages of such size, and in such type 
and format, as the Parliamentarian may determine and shall be printed in 
such numbers and for such distribution as may be provided by law enacted 
prior to printing.

(c) Appointment and compensation of personnel; utilization of services 
        of personnel of Federal agencies

    For the purpose of carrying out each such compilation and 
preparation, the Parliamentarian may--
        (1) subject to the approval of the Speaker, appoint (as 
    employees of the House of Representatives) clerical and other 
    personnel and fix their respective rates of pay; and
        (2) utilize the services of personnel of the Library of Congress 
    and the Government Printing Office.

(Pub. L. 91-510, title III, Sec. 331, Oct. 26, 1970, 84 Stat. 1186.)

                       References in Text

    The Legislative Branch Appropriation Act, 1966, referred to in 
subsec. (a), is Pub. L. 89-90, July 27, 1965, 79 Stat. 265. For complete 
classification of this Act to the Code, see Tables.


                             Effective Date

    Section effective immediately prior to noon on Jan. 3, 1971, see 
section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 
Amendment note under section 72a of this title.


Sec. 28a. Compilation of the Precedents of House of 
        Representatives; date of completion; biennial update; printing 
        and availability of copies
        
    The Speaker is authorized and directed to complete the Compilation 
of the Precedents of the House of Representatives by January 1, 1977, 
and prepare an updated compilation of such precedents every two years 
thereafter. Copies of the Compilation of Precedents shall be printed in 
sufficient quantity to be available to every Member and the standing 
committees of the House of Representatives.

(Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)

                          Codification

    Section is based on section 208 of House Resolution No. 988, Ninety-
third Congress, Oct. 8, 1974, which was enacted into permanent law by 
Pub. L. 93-554.


                             Effective Date

    Pub. L. 93-554 provided that the enactment of House Resolution No. 
988, Ninety-third Congress, into permanent law is effective Jan. 2, 
1975.


Sec. 28b. Printing and binding as public document of Precedents 
        of House of Representatives; number of sets authorized
        
    (a) There shall be printed and bound as a public document two 
thousand sets of the Precedents of the House of Representatives compiled 
and prepared by Lewis Deschler (hereinafter in sections 28b to 28e of 
this title referred to as the ``Precedents'') in accordance with the 
provisions of the Legislative Branch Appropriation Act, 1966 (Public Law 
89-90; 79 Stat. 265).
    (b) The number of sets authorized to be printed and bound by or 
pursuant to sections 28b to 28e of this title shall be in lieu of the 
usual number of copies for binding and distribution required by section 
701 of title 44.

(Pub. L. 94-551, Sec. 1, Oct. 18, 1976, 90 Stat. 2537.)

                       References in Text

    The Legislative Branch Appropriation Act, 1966, referred to in text, 
is Pub. L. 89-90, July 27, 1965, 79 Stat. 265. For complete 
classification of this Act to the Code, see Tables.


Sec. 28c. Distribution of Precedents by Public Printer


(a) Delivery to Members of Ninety-fifth Congress; marking of volumes

    The Public Printer shall deliver one set of the Precedents to each 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Ninety-fifth Congress. The name of the Member to whom the set is 
delivered shall be legibly stamped on the front cover of each volume of 
the set.

(b) Members of Congress following Ninety-fifth Congress not already 
        having sets of Precedents; necessity of written request to 
        Superintendent of Documents for set

    Each Senator or Representative in, or Delegate or Resident 
Commissioner to, each Congress following the Ninety-fifth Congress who 
has not theretofore received a set of the Precedents shall be entitled 
to receive one set of the Precedents, upon transmitting a written 
request for such set to the Superintendent of Documents.

(c) Additional distribution of sets

    The Public Printer shall make the following distribution of sets of 
the Precedents:
        (1) to the office of the Vice President, to the office of the 
    speaker of the House of Representatives, and to the office of the 
    President pro tempore of the Senate, each, five sets;
        (2) to the office of the majority leader of the House of 
    Representatives and to the office of the minority leader of the 
    House of Representatives, each, three sets;
        (3) to the Parliamentarian of the House of Representatives, 
    sixty sets;
        (4) to the Parliamentarian of the Senate, five sets;
        (5) to the Clerk of the House of Representatives and to the 
    Sergeant at Arms of the House of Representatives, each \1\ two sets;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
        (6) to the Secretary of the Senate and to the Sergeant at Arms 
    of the Senate, each, two sets;
        (7) to the superintendent of the House document room, two sets;
        (8) to the superintendent of the Senate document room, two sets;
        (9) to the Library of Congress, for international exchange and 
    for official use in Washington, District of Columbia, one hundred 
    and fifty sets;
        (10) to the National Archives, three sets;
        (11) to the government of the District of Columbia, twelve sets;
        (12) to the Smithsonian Institute, two sets;
        (13) to the library of each legislative branch of each State, 
    territory, and possession of the United States, one set; and
        (14) to the Superintendent of Documents, eight hundred and 
    sixteen sets for distribution to the depository library system.

(Pub. L. 94-551, Sec. 2, Oct. 18, 1976, 90 Stat. 2537; Pub. L. 104-186, 
title II, Sec. 202(3), Aug. 20, 1996, 110 Stat. 1724.)


                               Amendments

    1996--Subsec. (c)(2). Pub. L. 104-186, Sec. 202(3)(A), substituted 
``Representatives, each'' for ``Representives, each''.
    Subsec. (c)(5). Pub. L. 104-186, Sec. 202(3)(B), substituted ``and 
to the Sergeant at Arms of the House of Representatives, each two sets'' 
for ``, to the Sergeant at Arms of the House of Representatives, and to 
the Doorkeeper of the House of Representatives, each, two sets''.


Sec. 28d. Distribution of Precedents by Public Printer for 
        official use; particular distribution; marking and ownership of 
        sets
        
    (a) The Public Printer shall make the following distribution of sets 
of the Precedents;
        (1) to each standing or joint committee of the Congress which is 
    in existence on October 18, 1976, or which is established after 
    October 18, 1976, four sets;
        (2) to the office of the Legislative Counsel of the House of 
    Representatives, five sets;
        (3) to the office of the Legislative Counsel of the Senate, five 
    sets;
        (4) to the library of the House of Representatives, four sets;
        (5) to the library of the Senate, two sets;
        (6) to the library of the Supreme Court of the United States, 
    nine sets;
        (7) to the office of the Official Reporter of Debates of the 
    House of Representatives, three sets; and
        (8) to the office of the Official Reporter of Debates of the 
    Senate, three sets.

    (b) Each set of Precedents distributed by the Public Printer under 
subsection (a) of this section shall be for official use. Each such set 
shall be legibly stamped on the front cover ``Property of the United 
States Government.'' Each such set, upon delivery, shall become and 
remain the property of the United States, and may not be removed from 
the building in which is located the designated library or office, as 
the case may be.

(Pub. L. 94-551, Sec. 3, Oct. 18, 1976, 90 Stat. 2538.)


Sec. 28e. Distribution of Precedents by Joint Committee on 
        Printing of surplus sets; additional printing, etc., of sets 
        under authority of Joint Committee
        
    (a) Any set of the Precedents printed and bound pursuant to 
subsection (a) of section 28b of this title, not needed to carry out the 
distributions required by sections 28b to 28e of this title, shall be 
distributed under the direction of the Joint Committee on Printing.
    (b) The Joint Committee on Printing may from time to time authorize 
and direct that additional sets of the Precedents, be printed, bound, 
and distributed in such manner as the Joint Committee determines will 
best carry out the purposes of sections 28b to 28e of this title.

(Pub. L. 94-551, Sec. 4, Oct. 18, 1976, 90 Stat. 2538.)


Sec. 29. Condensed and simplified versions of House precedents; 
        other useful materials in summary form; form and distribution to 
        Members of Congress, Resident Commissioner from Puerto Rico, and 
        others; appointment and compensation of personnel; utilization 
        of services of personnel of Federal agencies
        
    The Parliamentarian of the House of Representatives shall prepare, 
compile, and maintain on a current basis and in cumulative form, for 
each Congress commencing with the Ninety-third Congress a condensed and, 
insofar as practicable, up-to-date version of all of the parliamentary 
precedents of the House of Representatives which have current use and 
application in the House, together with informative text prepared by the 
Parliamentarian and other useful related material in summary form. The 
Parliamentarian shall have such matter printed for each Congress on 
pages of such size and in such type and format as he considers advisable 
to promote the usefulness of such matter to the Members of the House and 
shall provide a printed copy thereof to each Member in each Congress, 
including the Resident Commissioner from Puerto Rico, and may make such 
other distribution of such printed copies as he considers advisable. In 
carrying out this section, the Parliamentarian may appoint and fix the 
pay of personnel and utilize the services of personnel of the Library of 
Congress and the Government Printing Office.

(Pub. L. 91-510, title III, Sec. 332, Oct. 26, 1970, 84 Stat. 1186.)


                             Effective Date

    Section effective immediately prior to noon on Jan. 3, 1971, see 
section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 
Amendment note under section 72a of this title.


            CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS



Sec. 54. Annotated United States Code for Members of House of 
        Representatives to be paid for from Members' Representational 
        Allowance
        

(a) In general

    The Clerk of the House of Representatives shall, at the request of a 
Member of the House of Representatives, furnish to the Member, for 
official use only, one set of a privately published annotated version of 
the United States Code, including supplements and pocket parts. The 
furnishing of a set of the United States Code under this section shall 
be in lieu of any distribution under section 212 of title 1 and shall be 
paid for from the Members' Representational Allowance.

(b) ``Member of the House of Representatives'' defined

    As used in this section, the term ``Member of the House of 
Representatives'' means a Representative in, or a Delegate or Resident 
Commissioner to, the Congress.

(c) Regulations

    The Committee on House Oversight of the House of Representatives 
shall have authority to prescribe regulations to carry out this section.

(Pub. L. 104-186, title I, Sec. 107, Aug. 20, 1996, 110 Stat. 1723.)

                          Codification

    Section is comprised of section 107 of Pub. L. 104-186. Subsec. (d) 
of section 107 of Pub. L. 104-186 repealed former section 54 of this 
title. See Prior Provisions note below.


                            Prior Provisions

    A prior section 54, based on H. Res. No. 506, Ninetieth Congress, 
Aug. 21, 1967, enacted into permanent law by Pub. L. 90-392, title I, 
July 9, 1968, 82 Stat. 318, related to procurement for House Members of 
sets of United States Code Annotated or Federal Code Annotated, prior to 
repeal by Pub. L. 104-186, title I, Sec. 107(d), Aug. 20, 1996, 110 
Stat. 1723.

                         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.


Sec. 55. United States Code Annotated or United States Code 
        Service; procurement for Senators
        
    In lieu of the volumes of the Code of Laws of the United States, and 
the supplements thereto, supplied a Senator under section 212 of title 
1, the Secretary of the Senate is authorized and directed to supply to a 
Senator upon written request of, and as specified by, that Senator--
        (1) one copy of each of the volumes of the United States Code 
    Annotated being published at the time the Senator takes office, and, 
    as long as that Senator holds office, one copy of each replacement 
    volume, each annual pocket part, and each pamphlet supplementing 
    each such pocket part to the United States Code Annotated; or
        (2) one copy of each of the volumes of the United States Code 
    Service being published at the time the Senator takes office, and, 
    as long as the Senator holds office, one copy of each replacement 
    volume and each pocket supplement to the United States Code Service.

A Senator is entitled to make a written request under this paragraph and 
be supplied such volumes, pocket parts, and supplements the first time 
he takes office as a Senator and each time thereafter he takes office as 
a Senator after a period of time during which he has not been a Senator. 
In submitting such written request, the Senator shall certify that the 
volumes, pocket parts, or supplements he is to be supplied are to be for 
his exclusive, personal use. A Senator holding office on July 9, 1971, 
shall be entitled to file a written request and receive the volumes, 
pocket parts, and supplements, as the case may be, referred to in this 
paragraph if such request is filed within 60 days after July 9, 1971. 
Expenses incurred under this authorization shall be paid from the 
contingent fund of the Senate.

(Pub. L. 92-51, July 9, 1971, 85 Stat. 129; Pub. L. 92-607, ch. V, 
Sec. 501, Oct. 31, 1972, 86 Stat. 1504.)


                               Amendments

    1972--Pub. L. 92-607 substituted ``United States Code Service'' for 
``Federal Code Annotated'' in two places.


Sec. 56. Repealed. Pub. L. 104-186, title II, Sec. 203(20)(A), 
        Aug. 20, 1996, 110 Stat. 1728
        
    Section, based on H. Res. No. 418, Sec. 2, Ninety-second Congress, 
May 18, 1971, enacted into permanent law by Pub. L. 92-184, ch. IV, Dec. 
15, 1971, 85 Stat. 636, related to office expenses within District of 
Columbia of Delegate from District of Columbia.


     Reimbursement of Expenses of House Members; Member of House of 
                   Representatives and Member Defined

    Section 302(a), (b), and (d) of H. Res. No. 287, Ninety-fifth 
Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95-94, 
title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, which related to 
reimbursement to Members of House of Representatives for official 
expenses incurred in the United States, was repealed by Pub. L. 104-186, 
title II, Sec. 203(20)(B), Aug. 20, 1996, 110 Stat. 1728.


CHAPTER 4--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES



Sec. Sec. 103, 104. Omitted


                          Codification

    Section 103, R.S. Sec. 62, authorized Secretary of Senate and Clerk 
of House to require disbursing officers subject to their authority to 
return analytical statements and receipts for expenditures and to 
communicate such returns annually to Congress. See sections 104a and 
104b of this title.
    Section 104, R.S. Sec. 63, required that all expenditures of Senate 
and House be made up to end of each fiscal year and reported to Congress 
at beginning of each regular session. See sections 104a and 104b of this 
title.


Sec. 104a. Semiannual statements of expenditures by Secretary of 
        Senate and Chief Administrative Officer of House
        
    (1) Commencing with the semiannual period beginning on July 1, 1964, 
and ending on December 31, 1964, and for each semiannual period 
thereafter, the Secretary of the Senate and the Chief Administrative 
Officer of the House of Representatives shall compile, and, not later 
than sixty days following the close of the semiannual period, submit to 
the Senate and House of Representatives, respectively, and make 
available to the public, in lieu of the reports and information required 
by sections 102, 103, and 104 \1\ of this title, and S. Res. 139, 
Eighty-sixth Congress, a report containing a detailed statement, by 
items, of the manner in which appropriations and other funds available 
for disbursement by the Secretary of the Senate or the Chief 
Administrative Officer of the House of Representatives, as the case may 
be, have been expended during the semiannual period covered by the 
report, including (1) the name of every person to whom any part of such 
appropriation has been paid, (2) if for anything furnished, the quantity 
and price thereof, (3) if for services rendered, the nature of the 
services, the time employed, and the name, title, and specific amount 
paid to each person, and (4) a complete statement of all amounts 
appropriated, received, or expended, and any unexpended balances. Such 
reports shall include the information contained in statements of 
accountability and supporting vouchers submitted to the Government 
Accountability Office pursuant to the provisions of section 3523(a) of 
title 31. Notwithstanding the foregoing provisions of this section, in 
any case in which the voucher or vouchers covering payment to any person 
for attendance as a witness before any committee of the Senate or House 
of Representatives, or any subcommittee thereof, during any semiannual 
period, indicate that all appearances of such person covered by such 
voucher or vouchers were as a witness in executive session of the 
committee or subcommittee, information regarding such payment, except 
for date of payment, voucher number, and amount paid, shall not be 
included in the report compiled pursuant to this subsection for such 
semiannual period. Any information excluded from a report for any 
semiannual period by reason of the foregoing sentence shall be included 
in the report compiled pursuant to this section for the succeeding 
semiannual period. Reports required to be submitted to the Senate and 
the House of Representatives under this section shall be printed as 
Senate and House documents, respectively.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (2) The report by the Secretary of the Senate under paragraph (1) 
for the semiannual period beginning on January 1, 1976, shall include 
the period beginning on July 1, 1976, and ending on September 30, 1976, 
and such semiannual period shall be treated as closing on September 30, 
1976. Thereafter, the report by the Secretary of the Senate under 
paragraph (1) shall be for the semiannual periods beginning on October 1 
and ending on March 31 and beginning on April 1 and ending on September 
30 of each year.
    (3) The report requirement relating to quantity, as contained in 
subparagraph (2) of paragraph (1), does not apply with respect to the 
Senate.
    (4) Each report by the Secretary of the Senate required by paragraph 
(1) shall contain a separate summary of Senate accounts statement for 
each office of the Senate authorized to obligate appropriated funds, 
including each Senator's office, each officer of the Senate, and each 
committee of the Senate. The summary of Senate accounts statement shall 
include--
        (A) the total amount of appropriations made available or 
    allocated to the office;
        (B) any supplemental appropriation, transfer of funds, or 
    rescission and the effect of such action on the appropriation or 
    allocation to the office;
        (C) total expenses incurred for salary and office expenses; and
        (D) the unexpended balance.

    (5)(A) Notwithstanding the requirements of paragraph (1) relating to 
the level of detail of statement and itemization, each report by the 
Secretary of the Senate required under such paragraph shall be compiled 
at a summary level for each office of the Senate authorized to obligate 
appropriated funds.
    (B) Subparagraph (A) shall not apply to the reporting of 
expenditures relating to personnel compensation, travel and 
transportation of persons, other contractual services, and acquisition 
of assets.
    (C) In carrying out this paragraph the Secretary of the Senate shall 
apply the Standard Federal Object Classification of Expenses as the 
Secretary determines appropriate.

(Pub. L. 88-454, Sec. 105(a), Aug. 20, 1964, 78 Stat. 550; Pub. L. 88-
656, Oct. 13, 1964, 78 Stat. 1088; Pub. L. 94-303, title I, 
Sec. 118(b)(1), June 1, 1976, 90 Stat. 615; Pub. L. 102-392, title I, 
Sec. 6, Oct. 6, 1992, 106 Stat. 1707; Pub. L. 103-283, title I, 
Sec. 3(a), July 22, 1994, 108 Stat. 1426; Pub. L. 104-186, title II, 
Sec. 204(54), Aug. 20, 1996, 110 Stat. 1738; Pub. L. 106-554, 
Sec. 1(a)(2) [title I, Sec. 1(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
95; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

         Inapplicability of Section to House of Representatives

        Provisions of this section requiring submission and printing of 
    statements and reports not applicable to the House of 
    Representatives, see section 104b(e) of this title.

                       References in Text

    Section 102 of this title, referred to in par. (1), was repealed by 
Pub. L. 104-186, title II, Sec. 204(52), Aug. 20, 1996, 110 Stat. 1737.
    Sections 103 and 104 of this title, referred to in par. (1), were 
omitted from the Code.

                          Codification

    In par. (1), ``section 3523(a) of title 31'' substituted for 
``section 117(a) of the Budget and Accounting Procedures Act of 1950 (31 
U.S.C. 67(a))'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money 
and Finance.
    Section is based on the first paragraph of section 105 (a) of Pub. 
L. 88-454. Remainder of section 105(a) was classified to section 67 of 
former Title 31, which was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 
13, 1982, 96 Stat. 1068, and reenacted as section 3523 of Title 31, 
Money and Finance.


                               Amendments

    2004--Par. (1). Pub. L. 108-271 substituted ``Government 
Accountability Office'' for ``General Accounting Office''.
    2000--Par. (5). Pub. L. 106-554 added par. (5).
    1996--Par. (1). Pub. L. 104-186 substituted ``Chief Administrative 
Officer'' for ``Clerk'' in two places.
    1994--Pub. L. 103-283 added par. (4).
    1992--Pub. L. 102-392 added par. (3).
    1976--Pub. L. 94-303 designated existing provisions as par. (1) and 
added par. (2).
    1964--Pub. L. 88-656 provided that information regarding persons 
paid by voucher for appearances as a witness before any committee of 
Congress in executive session shall not be included in semiannual report 
except for date of payment, voucher number, and amount paid, however, 
any information so excluded shall be included in next succeeding 
semiannual period.


                    Effective Date of 2000 Amendment

    Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 1(b)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-96, provided that:
    ``(1) In general.--Subject to paragraph (2), the amendment made by 
this section [amending this section] shall take effect on the date of 
enactment of this Act [Dec. 21, 2000].
    ``(2) First report after enactment.--The Secretary of the Senate may 
elect to compile and submit the report for the semiannual period during 
which the date of enactment of this section occurs, as if the amendment 
made by this section had not been enacted.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-283 effective with respect to reports and 
statements covering periods beginning on and after Oct. 1, 1994, and 
appropriations made and obligations incurred on and after such date, see 
section 3(c) of Pub. L. 103-283, set out as a note under section 59f of 
this title.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which the 
report required by this section is listed on page 1), see section 3003 
of Pub. L. 104-66, as amended, set out as a note under section 1113 of 
Title 31, Money and Finance.


Sec. 104b. Report of disbursements for House of Representatives


(a) In general

    Not later than 60 days after the last day of each semiannual period, 
the Chief Administrative Officer of the House of Representatives shall 
submit to the House of Representatives, with respect to that period, a 
detailed, itemized report of the disbursements for the operations of the 
House of Representatives.

(b) Contents

    The report required by subsection (a) of this section shall 
include--
        (1) the name of each person who receives a payment from the 
    House of Representatives;
        (2) the quantity and price of any item furnished to the House of 
    Representatives;
        (3) a description of any service rendered to the House of 
    Representatives, together with a statement of the time required for 
    the service, and the name, title, and amount paid to each person who 
    renders the service;
        (4) a statement of all amounts appropriated to, or received, or 
    expended by the House of Representatives, and any unexpended 
    balances of such amounts;
        (5) the information submitted to the Comptroller General under 
    section 3523(a) of title 31; and
        (6) such additional information as may be required by regulation 
    of the Committee on House Oversight of the House of Representatives.

(c) Exclusion

    Notwithstanding subsection (b) of this section, if a voucher is for 
payment to an individual for attendance as a witness before a committee 
of the Congress in executive session, the report for the semiannual 
period in which the appearance occurs shall show only the date of 
payment, voucher number, and amount paid. Any information excluded from 
a report under the preceding sentence shall be included in the report 
for the next period.

(d) House document

    Each report under this section shall be printed as a House document.

(e) Conforming provision

    The provisions of--
        (1) sections 102, 103, and 104 \1\ of this title; and
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (2) section 104a of this title;

that require submission and printing of statements and reports are not 
applicable to the House of Representatives.

(f) Effective date

    This section shall apply to the semiannual periods of January 1 
through June 30 and July 1 through December 31 of each year, beginning 
with the semiannual period in which this section is enacted.

(Pub. L. 104-186, title I, Sec. 106, Aug. 20, 1996, 110 Stat. 1722.)

                       References in Text

    Section 102 of this title, referred to in subsec. (e)(1), was 
repealed by Pub. L. 104-186, title II, Sec. 204(52), Aug. 20, 1996, 110 
Stat. 1737.
    Sections 103 and 104 of this title, referred to in subsec. (e)(1), 
were omitted from the Code.

                         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.


                           Similar Provisions

    Provisions similar to those in this section are contained in section 
104a of this title, but were made inapplicable to the House of 
Representatives by subsec. (e) of this section.


 Reporting Payments Made to Witnesses Before Committee on Standards of 
                            Official Conduct

    Pub. L. 105-275, title I, Sec. 105, Oct. 21, 1998, 112 Stat. 2439, 
provided that: ``Notwithstanding any other provision of law or any other 
rule or regulation, any information on payments made by the Committee on 
Standards of Official Conduct of the House of Representatives to an 
individual for attendance as a witness before the Committee in executive 
session during a Congress shall be reported not later than the second 
semiannual report filed under section 106 of the House of 
Representatives Administrative Reform Technical Corrections Act (2 
U.S.C. 104b) in the following Congress.''


Sec. 104c. Preservation of reports, statements, or documents 
        filed with Clerk of House
        
    (a) If the Clerk of the House of Representatives is required under 
any law, rule, or regulation to make available for public inspection a 
report, statement, or other document filed with the Office of the Clerk, 
the Clerk shall preserve the report, statement, or document--
        (1) for a period of 6 years from the date on which the document 
    is filed; or
        (2) if the law, rule, or regulation so provides, the period 
    required under such law, rule, or regulation.

    (b) Subsection (a) of this section shall apply with respect to 
reports, statements, and documents filed before, on, or after December 
8, 2004.

(Pub. L. 108-447, div. G, title I, Sec. 106, Dec. 8, 2004, 118 Stat. 
3176.)

                          Codification

    Section is from the Legislative Branch Appropriations Act, 2005, 
which is div. G of the Consolidated Appropriations Act, 2005.


Sec. 104d. Notification of post-employment restrictions for 
        Members of Congress and employees
        

(a) Notification of post-employment restrictions

    After a Member of Congress or an elected officer of either House of 
Congress leaves office, or after the termination of employment with the 
House of Representatives or the Senate of an employee who is covered 
under paragraph (2), (3), (4), or (5) of section 207(e) of title 18, the 
Clerk of the House of Representatives, after consultation with the 
Committee on Standards of Official Conduct, or the Secretary of the 
Senate, as the case may be, shall notify the Member, officer, or 
employee of the beginning and ending date of the prohibitions that apply 
to the Member, officer, or employee under section 207(e) of that title.

(b) Posting on Internet

    The Clerk of the House of Representatives, with respect to 
notifications under subsection (a) relating to Members, officers, and 
employees of the House, and the Secretary of the Senate, with respect to 
such notifications relating to Members, officers, and employees of the 
Senate, shall post the information contained in such notifications on 
the public Internet site of the Office of the Clerk or the Secretary of 
the Senate, as the case may be, in a format that, to the extent 
technically practicable, is searchable, sortable, and downloadable.

(Pub. L. 110-81, title I, Sec. 103, Sept. 14, 2007, 121 Stat. 739.)


                             Effective Date

    Pub. L. 110-81, title I, Sec. 105(c), Sept. 14, 2007, 121 Stat. 741, 
provided that:
    ``(1) Notification of post-employment restrictions.--Subsection (a) 
of section 103 [2 U.S.C. 104d(a)] shall take effect on the 60th day 
after the date of the enactment of this Act [Sept. 14, 2007].
    ``(2) Posting of information.--Subsection (b) of section 103 [2 
U.S.C. 104d(b)] shall take effect January 1, 2008, except that the 
Secretary of the Senate and the Clerk of the House of Representatives 
shall post the information contained in notifications required by that 
subsection that are made on or after the effective date provided under 
paragraph (1) of this subsection.''


Sec. 104e. Posting of travel and financial disclosure reports on 
        public website of Clerk of the House of Representatives
        

(a) Requiring posting on Internet

    The Clerk of the House of Representatives shall post on the public 
Internet site of the Office of the Clerk, in a format that is 
searchable, sortable, and downloadable, to the extent technically 
practicable, each of the following:
        (1) The advance authorizations, certifications, and disclosures 
    filed with respect to transportation, lodging, and related expenses 
    for travel under clause 5(b) of rule XXV of the Rules of the House 
    of Representatives by Members (including Delegates and Resident 
    Commissioners to the Congress), officers, and employees of the 
    House.
        (2) The reports filed under section 103(h)(1) of the Ethics in 
    Government Act of 1978 by Members of the House of Representatives 
    (including Delegates and Resident Commissioners to the Congress).

(b) Applicability and timing

                          (1) Applicability

        Subject to paragraph (2), subsection (a) shall apply with 
    respect to information received by the Clerk of the House of 
    Representatives on or after September 14, 2007.

                             (2) Timing

        The Clerk of the House of Representatives shall--
            (A) not later than August 1, 2008, post the information 
        required by subsection (a) that the Clerk receives by June 1, 
        2008; and
            (B) not later than the end of each 45-day period occurring 
        after information is required to be posted under subparagraph 
        (A), post the information required by subsection (a) that the 
        Clerk has received since the last posting under this subsection.

         (3) Omission of personally identifiable information

        Members of the House of Representatives (including Delegates and 
    Resident Commissioners to the Congress) shall be permitted to omit 
    personally identifiable information not required to be disclosed on 
    the reports posted on the public Internet site under this section 
    (such as home address, Social Security numbers, personal bank 
    account numbers, home telephone, and names of children) prior to the 
    posting of such reports on such public Internet site.

          (4) Assistance in protecting personal information

        The Clerk of the House of Representatives, in consultation with 
    the Committee on Standards of Official Conduct, shall include in any 
    informational materials concerning any disclosure that will be 
    posted on the public Internet site under this section an explanation 
    of the procedures for protecting personally identifiable information 
    as described in this section.

(c) Retention

    The Clerk shall maintain the information posted on the public 
Internet site of the Office of the Clerk under this section for a period 
of 6 years after receiving the information.

(Pub. L. 110-81, title III, Sec. 304, Sept. 14, 2007, 121 Stat. 752.)

                       References in Text

    Section 103(h)(1) of the Ethics in Government Act of 1978, referred 
to in subsec. (a)(2), is section 103(h)(1) of Pub. L. 95-521, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.


                    Exercise of Rulemaking Authority

    Pub. L. 110-81, title III, Sec. 306, Sept. 14, 2007, 121 Stat. 754, 
provided that: ``The provisions of this title [enacting this section] 
are adopted by the House of Representatives--
        ``(1) as an exercise of the rulemaking power of the House; and
        ``(2) with full recognition of the constitutional right of the 
    House to change those rules at any time, in the same manner, and to 
    the same extent as in the case of any other rule of the House.''


Sec. 104f. Notification of post-employment restrictions for 
        Senators and employees
        

(a) In general

    After a Senator or an elected officer of the Senate leaves office or 
after the termination of employment with the Senate of an employee of 
the Senate, the Secretary of the Senate shall notify the Member, 
officer, or employee of the beginning and ending date of the 
prohibitions that apply to the Member, officer, or employee under rule 
XXXVII of the Standing Rules of the Senate.

(b) Effective date

    This section shall take effect 60 days after September 14, 2007.

(Pub. L. 110-81, title V, Sec. 535, Sept. 14, 2007, 121 Stat. 766.)


Sec. 104g. Senate privately paid travel public website


(a) Travel disclosure

    Not later than January 1, 2008, the Secretary of the Senate shall 
establish a publicly available website without fee or without access 
charge, that contains information on travel that is subject to 
disclosure under paragraph 2 of rule XXXV of the Standing Rules of the 
Senate, that includes, with respect to travel occurring on or after 
January 1, 2008--
        (1) a search engine;
        (2) uniform categorization by Member, dates of travel, and any 
    other common categories associated with congressional travel; and
        (3) forms filed in the Senate relating to officially related 
    travel.

(b) Retention

    The Secretary of the Senate shall maintain the information posted on 
the public Internet site of the Office of the Secretary under this 
section for a period not longer than 4 years after receiving the 
information.

(c) Extension of authority

    If the Secretary of the Senate is unable to meet the deadline 
established under subsection (a), the Committee on Rules and 
Administration of the Senate may grant an extension of the Secretary of 
the Senate.

(e) \1\ Authorization of appropriations
---------------------------------------------------------------------------

    \1\ So in original. No subsec. (d) has been enacted.
---------------------------------------------------------------------------
    There are authorized to be appropriated such sums as are necessary 
to carry out this section.

(Pub. L. 110-81, title V, Sec. 546, Sept. 14, 2007, 121 Stat. 772.)


Sec. 105. Preparation and contents of statement of 
        appropriations
        
    The statement of all appropriations made during each session of 
Congress shall be prepared under the direction of the Committees on 
Appropriations of the Senate and House of Representatives, and said 
statement shall contain a chronological history of the regular 
appropriation bills passed during the session for which it is prepared. 
The statement shall indicate the amount of contracts authorized by 
appropriation Acts in addition to appropriations made therein, and shall 
also contain specific reference to all indefinite appropriations made 
each session and shall contain such additional information concerning 
estimates and appropriations as the committees may deem necessary.

(Oct. 19, 1888, ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, ch. 9, 30 
Stat. 136; June 7, 1924, ch. 303, Sec. 1, 43 Stat. 586.)


Sec. 106. Stationery for Senate; advertisements for

    The Secretary of the Senate shall annually advertise, once a week 
for at least four weeks, in one or more of the principal papers 
published in the District of Columbia, for sealed proposals for 
supplying the Senate during the next session of Congress with the 
necessary stationery. The advertisement must describe the kind of 
stationery required, and must require the proposals to be accompanied 
with sufficient security for their performance.

(R.S. Sec. Sec. 65, 66; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316; 
Pub. L. 104-186, title II, Sec. 204(55), Aug. 20, 1996, 110 Stat. 1738.)

                          Codification

    R.S. Sec. Sec. 65, 66 derived from Res. Mar. 3, 1815, No. 11, 3 
Stat. 249.
    First sentence of section is based on R.S. Sec. 65; second sentence 
of section is based on R.S. Sec. 66.


                               Amendments

    1996--Pub. L. 104-186 struck out ``and Clerk of the House of 
Representatives'' after ``Secretary of the Senate'' and ``and House of 
Representatives, respectively,'' after ``supplying the Senate''.


Sec. 107. Opening bids for Senate and House stationery; awarding 
        contracts
        
    All such proposals shall be kept sealed until the day specified in 
such advertisement for opening the same, when the same shall be opened 
in the presence of at least two persons, and the contract shall be given 
to the lowest bidder, provided he shall give satisfactory security to 
perform the same, under a forfeiture not exceeding double the contract 
price in case of failure; and in case the lowest bidder shall fail to 
enter into such contract and give such security, within a time to be 
fixed in such advertisement, then the contract shall be given to the 
next lowest bidder, who shall enter into such contract, and give such 
security. And in case of failure by the person entering into such 
contract to perform the same, he and his sureties shall be liable for 
the forfeiture specified in such contract, as liquidated damages, to be 
sued for in the name of the United States.

(R.S. Sec. 67; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316.)

                          Codification

    R.S. Sec. 67 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 249.


Sec. 108. Contracts for separate parts of Senate stationery

    Sections 106 and 107 of this title shall not prevent the Secretary 
from contracting for separate parts of the supplies of stationery 
required to be furnished.

(R.S. Sec. 68; Pub. L. 104-186, title II, Sec. 204(56), Aug. 20, 1996, 
110 Stat. 1738.)

                          Codification

    R.S. Sec. 68 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 249.


                               Amendments

    1996--Pub. L. 104-186 substituted ``the Secretary'' for ``either the 
Secretary or the Clerk''.


Sec. 109. American goods to be preferred in purchases for Senate 
        and House
        
    The Secretary of the Senate and the Chief Administrative Officer of 
the House of Representatives shall, in disbursing the public moneys for 
the use of the two Houses, respectively, purchase only articles the 
growth and manufacture of the United States, provided the articles 
required can be procured of such growth and manufacture upon as good 
terms as to quality and price as are demanded for like articles of 
foreign growth and manufacture.

(R.S. Sec. 69; Pub. L. 104-186, title II, Sec. 204(57), Aug. 20, 1996, 
110 Stat. 1738.)

                          Codification

    R.S. Sec. 69 derived from act June 17, 1844, ch. 105, Sec. 1, 5 
Stat. 681.


                               Amendments

    1996--Pub. L. 104-186 substituted ``Chief Administrative Officer'' 
for ``Clerk''.


Sec. 110. Purchase of paper, envelopes, etc., for stationery 
        rooms of Senate and House
        
    Paper, envelopes, and blank books required by the stationery rooms 
of the Senate and House of Representatives for sale to Senators and 
Members for official use may be purchased from the Public Printer at 
actual cost thereof and payment therefor shall be made before delivery.

(June 5, 1920, ch. 253, Sec. 1, 41 Stat. 1036.)

                         Change of Name

    Stationery room of House of Representatives redesignated Office 
Supply Service.


Sec. 113. Detailed reports of receipts and expenditures by 
        Secretary of Senate and Chief Administrative Officer of House
        
    The Secretary of the Senate and the Chief Administrative Officer of 
the House of Representatives, respectively, shall report to Congress on 
the first day of each regular session, and at the expiration of their 
terms of service, a full and complete statement of all their receipts 
and expenditures as such officers, showing in detail the items of 
expense, classifying them under the proper appropriations, and also 
showing the aggregate thereof, and exhibiting in a clear and concise 
manner the exact condition of all public moneys by them received, paid 
out, and remaining in their possession as such officers.

(R.S. Sec. 70; Pub. L. 104-186, title II, Sec. 204(60), Aug. 20, 1996, 
110 Stat. 1738.)

                          Codification

    R.S. Sec. 70 derived from act July 15, 1870, ch. 302, Sec. 1, 16 
Stat. 365.


                               Amendments

    1996--Pub. L. 104-186 substituted ``Chief Administrative Officer'' 
for ``Clerk''.


Sec. 114. Fees for copies from Senate journals

    The Secretary of the Senate is entitled, for transcribing and 
certifying extracts from the journal of the Senate or the executive 
Journal of the Senate when the injunction of secrecy has been removed, 
except when such transcripts are required by an officer of the United 
States in a matter relating to the duties of his office, to receive from 
the persons for whom such transcripts are prepared the sum of 10 cents 
for each sheet containing one hundred words.

(R.S. Sec. 71; Pub. L. 104-186, title II, Sec. 204(61), Aug. 20, 1996, 
110 Stat. 1738.)

                          Codification

    R.S. Sec. 71 derived from acts Sept. 15, 1789, ch. 14, Sec. 6, 1 
Stat. 69; Aug. 8, 1846, ch. 107, Sec. 2, 9 Stat. 80; and Apr. 23, 1856, 
ch. 20, 11 Stat. 5.


                               Amendments

    1996--Pub. L. 104-186 substituted ``Secretary of the Senate is'' for 
``Secretary of the Senate and the Clerk of the House of Representatives, 
respectively, are'' and struck out ``or from the journal of the House of 
Representatives,'' after ``has been removed,''.


Sec. 115. Index to House daily calendar

    The index to the daily calendar of business of the House of 
Representatives shall be printed only on Monday of each week.

(Mar. 1, 1921, ch. 89, Sec. 1, 41 Stat. 1181.)


Sec. 116. Repealed. May 29, 1928, ch. 901, Sec. 1, 45 Stat. 995

    Section, R.S. Sec. 72, related to accounting by the Secretaries, 
Clerks, Sergeant at Arms, Postmasters, and Doorkeepers of Senate and 
House for property of the Government in their possession.


Sec. 117. Sale of waste paper and condemned furniture

    It shall be the duty of the Secretary and Sergeant at Arms of the 
Senate to cause to be sold all waste paper and useless documents and 
condemned furniture that may accumulate, in their respective departments 
or offices, under the direction of the Committee on Rules and 
Administration of the Senate and cover the proceeds thereof into the 
Treasury.

(Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 337; May 29, 1928, ch. 901, 
Sec. 1(122), 45 Stat. 995; Pub. L. 104-186, title II, Sec. 204(62), Aug. 
20, 1996, 110 Stat. 1739.)


                               Amendments

    1996--Pub. L. 104-186 struck out ``Clerk and Doorkeeper of the House 
of Representatives and the'' before ``Secretary and'' and substituted 
``direction of the Committee on Rules and Administration of the Senate 
and cover'' for ``direction of the Committee on Accounts of their 
respective houses and cover''.


                      Report on Sales Discontinued

    Par. 122 of act May 29, 1928, provided for the discontinuance of 
reports on waste paper, etc., as follows: ``122. Reports by the Clerk 
and Doorkeeper of the House and the Secretary and Sergeant at Arms of 
the Senate of the sales of waste paper and useless documents and 
condemned furniture, and so forth.''


Sec. 117a. Omitted


                          Codification

    Section, acts July 1, 1941, ch. 268, 55 Stat. 454; June 8, 1942, ch. 
396, 56 Stat. 338; June 28, 1943, ch. 173, title I, 57 Stat. 228; June 
26, 1944, ch. 277, title I, 58 Stat. 343; June 13, 1945, ch. 189, 59 
Stat. 248; July 1, 1946, ch. 530, 60 Stat. 397, related to depositing in 
Treasury sums received from sale of transcripts of House committee 
hearings, and applied only to fiscal years covered by such acts. 
Permanent provisions were enacted by act July 17, 1947, ch. 262, 61 
Stat. 365, and classified to section 84b of this title.


                     CHAPTER 5--LIBRARY OF CONGRESS



Sec. 168. Constitution of the United States; preparation and 
        publication of revised edition; annotations; supplements; 
        decennial editions and supplements
        
    The Librarian of Congress shall have prepared--
        (1) a hardbound revised edition of the Constitution of the 
    United States of America--Analysis and Interpretation, published as 
    Senate Document Numbered 39, Eighty-eighth Congress (referred to 
    hereinafter as the ``Constitution Annotated''), which shall contain 
    annotations of decisions of the Supreme Court of the United States 
    through the end of the October 1971 term of the Supreme Court, 
    construing provisions of the Constitution;
        (2) upon the completion of each of the October 1973, October 
    1975, October 1977, and October 1979 terms of the Supreme Court, a 
    cumulative pocket-part supplement to the hardbound revised edition 
    of the Constitution Annotated prepared pursuant to clause (1), which 
    shall contain cumulative annotations of all such decisions rendered 
    by the Supreme Court after the end of the October 1971 term;
        (3) upon the completion of the October 1981 term of the Supreme 
    Court, and upon the completion of each tenth October term of the 
    Supreme Court thereafter, a hardbound decennial revised edition of 
    the Constitution Annotated, which shall contain annotations of all 
    decisions theretofore rendered by the Supreme Court construing 
    provisions of the Constitution; and
        (4) upon the completion of the October 1983 term of the Supreme 
    Court, and upon the completion of each subsequent October term of 
    the Supreme Court beginning in an odd-numbered year (the final digit 
    of which is not a 1), a cumulative pocket-part supplement to the 
    most recent hardbound decennial revised edition of the Constitution 
    Annotated, which shall contain cumulative annotations of all such 
    decisions rendered by the Supreme Court which were not included in 
    that hardbound decennial revised edition of the Constitution 
    Annotated.

(Pub. L. 91-589, Sec. 1, Dec. 24, 1970, 84 Stat. 1586.)


Sec. 168a. Printing of Constitution Annotated as Senate 
        documents
        
    All hardbound revised editions and all cumulative pocket-part 
supplements shall be printed as Senate documents.

(Pub. L. 91-589, Sec. 2, Dec. 24, 1970, 84 Stat. 1586.)


Sec. 168b. Printing and distribution of additional copies of 
        Constitution Annotated
        
    There shall be printed four thousand eight hundred and seventy 
additional copies of the hardbound revised editions prepared pursuant to 
clause (1) of section 168 of this title and of all cumulative pocket-
part supplements thereto, of which two thousand six hundred and thirty-
four copies shall be for the use of the House of Representatives, one 
thousand two hundred and thirty-six copies shall be for the use of the 
Senate, and one thousand copies shall be for the use of the Joint 
Committee on Printing. All Members of the Congress, Vice Presidents of 
the United States, and Delegates and Resident Commissioners, newly 
elected subsequent to the issuance of the hardbound revised edition 
prepared pursuant to such clause and prior to the first hardbound 
decennial revised edition, who did not receive a copy of the edition 
prepared pursuant to such clause, shall, upon timely request, receive 
one copy of such edition and the then current cumulative pocket-part 
supplement and any further supplements thereto. All Members of the 
Congress, Vice Presidents of the United States, and Delegates and 
Resident Commissioners, no longer serving after the issuance of the 
hardbound revised edition prepared pursuant to such clause and who 
received such edition, may receive one copy of each cumulative pocket-
part supplement thereto upon timely request.

(Pub. L. 91-589, Sec. 3, Dec. 24, 1970, 84 Stat. 1586.)


Sec. 168c. Printing and distribution of decennial editions and 
        supplements to Constitution Annotated
        
    Additional copies of each hardbound decennial revised edition and of 
the cumulative pocket-part supplements thereto shall be printed and 
distributed in accordance with the provisions of any concurrent 
resolution hereafter adopted with respect thereto.

(Pub. L. 91-589, Sec. 4, Dec. 24, 1970, 84 Stat. 1587.)


Sec. 168d. Authorization of appropriations for Constitution 
        Annotated
        
    There are authorized to be appropriated such sums, to remain 
available until expended, as may be necessary to carry out the 
provisions of sections 168 to 168d of this title.

(Pub. L. 91-589, Sec. 5, Dec. 24, 1970, 84 Stat. 1587.)


Sec. 180. Legislative information retrieval system


(a) Purpose

    The purpose of this section is to reduce the cost of information 
support for the Congress by eliminating duplication among systems which 
provide electronic access by Congress to legislative information.

(b) ``Legislative information'' defined

    As used in this section, the term ``legislative information'' means 
information, prepared within the legislative branch, consisting of the 
text of publicly available bills, amendments, committee hearings, and 
committee reports, the text of the Congressional Record, data relating 
to bill status, data relating to legislative activity, and other similar 
public information that is directly related to the legislative process.

(c) Development of single system to serve entire Congress

    Pursuant to the plan approved under subsection (d) of this section 
and consistent with the provisions of any other law, the Library of 
Congress or the entity designated by that plan shall develop and 
maintain, in coordination with other appropriate entities of the 
legislative branch, a single legislative information retrieval system to 
serve the entire Congress.

(d) Development and approval of plan

    The Library shall develop a plan for creation of this system, taking 
into consideration the findings and recommendations of the study 
directed by House Report No. 103-517 to identify and eliminate 
redundancies in congressional information systems. This plan must be 
approved by the Committee on Rules and Administration of the Senate, the 
Committee on House Oversight of the House of Representatives, and the 
Committees on Appropriations of the Senate and the House of 
Representatives. The Library shall provide these committees with regular 
status reports on the development of the plan.

(e) Availability of information to public

    In formulating its plan, the Library shall examine issues regarding 
efficient ways to make this information available to the public. This 
analysis shall be submitted to the Committees on Appropriations of the 
Senate and the House of Representatives as well as the Committee on 
Rules and Administration of the Senate, and the Committee on House 
Oversight of the House of Representatives for their consideration and 
possible action.

(Pub. L. 104-53, title II, Sec. 209, Nov. 19, 1995, 109 Stat. 532.)

                         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.


Sec. 181. Program for exchange of information among legislative 
        branch agencies
        
    (a) On September 16, 1996, there shall be established a program for 
providing the widest possible exchange of information among legislative 
branch agencies with the long-range goal of improving information 
technology planning and evaluation. The Committee on House Oversight of 
the House of Representatives and the Committee on Rules and 
Administration of the Senate are requested to determine the structure 
and operation of this program and to provide appropriate oversight. All 
of the appropriate offices and agencies of the legislative branch as 
defined below shall participate in this program for information 
exchange, and shall report annually on the extent and nature of their 
participation in their budget submissions to the Committee on 
Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate.
    (b) As used in this section--
        (1) the term ``offices and agencies of the legislative branch'' 
    means, the office of the Clerk of the House, the office of the 
    Secretary of the Senate, the office of the Architect of the Capitol, 
    the Government Accountability Office, the Government Printing 
    Office, the Library of Congress, the Congressional Research Service, 
    the Congressional Budget Office, the Chief Administrative Officer of 
    the House of Representatives, and the Sergeant at Arms of the 
    Senate; and
        (2) the term ``technology'' refers to any form of computer 
    hardware and software; computer-based systems, services, and support 
    for the creation, processing, exchange, and delivery of information; 
    and telecommunications systems, and the associated hardware and 
    software, that provide for voice, data, or image communication.

(Pub. L. 104-197, title III, Sec. 314, Sept. 16, 1996, 110 Stat. 2415; 
Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


                               Amendments

    2004--Subsec. (b)(1). Pub. L. 108-271 substituted ``Government 
Accountability Office'' for ``General Accounting Office''.

                         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.


Sec. 183. Written history of the House of Representatives


(a) In general

    Subject to available funding and in accordance with the requirements 
of this section and section 183a of this title, the Librarian of 
Congress shall prepare, print, distribute, and arrange for the funding 
of, a new and complete written history of the House of Representatives, 
in consultation with the Committee on House Administration. In preparing 
this written history, the Librarian of Congress shall consult, 
commission, or engage the services or participation of, eminent 
historians, Members, and former Members of the House of Representatives.

(b) Guidelines

    In carrying out subsection (a) of this section, the Librarian of 
Congress shall take into account the following:
        (1) The history should be an illustrated, narrative history of 
    the House of Representatives, organized chronologically.
        (2) The history's intended audience is the general reader, as 
    well as Members of Congress and their staffs.
        (3) The history should include a discussion of the First and 
    Second Continental Congresses and the Constitutional Convention, 
    especially with regard to their roles in creating the House of 
    Representatives.

(c) Printing

                           (1) In general

        The Librarian of Congress shall arrange for the printing of the 
    history.

                      (2) Printing arrangements

        The printing may be performed--
            (A) by the Public Printer pursuant to the provisions of 
        chapter 5 of title 44;
            (B) under a cooperative arrangement among the Librarian of 
        Congress, a private funding source obtained pursuant to 
        subsection (e) of this section, and a publisher in the private 
        sector; or
            (C) under subparagraphs (A) and (B).

                     (3) Internet dissemination

        Any arrangement under paragraph (2) shall include terms for 
    dissemination of excerpts of the history over the Internet via 
    facilities maintained by the United States Government.

                          (4) Member copies

        To the extent that the history is printed by the Public Printer, 
    copies of the history provided to the Congress under subsection (d) 
    of this section shall be charged to the Government Printing Office's 
    congressional allotment for printing and binding.

(d) Distribution

    The Librarian of Congress shall make the history available for sale 
to the public, and shall make available, free of charge, 5 copies to 
each Member of the House of Representatives and 250 copies to the 
Senate.

(e) Private funding

    The Librarian of Congress shall solicit and accept funding for the 
preparation, publication, marketing, and public distribution of the 
history from private individuals, organizations, or entities.

(Pub. L. 106-99, Sec. 2, Nov. 12, 1999, 113 Stat. 1330; Pub. L. 108-7, 
div. H, title I, Sec. 1305, Feb. 20, 2003, 117 Stat. 379.)

                       References in Text

    This section and section 183a of this title, referred to in subsec. 
(a), was in the original ``this Act'', meaning Pub. L. 106-99, which 
enacted this section and section 183a of this title and provisions set 
out as a note under this section. For complete classification of this 
Act to the Code, see Short Title note set out under this section and 
Tables.


               CHAPTER 9A--OFFICE OF LAW REVISION COUNSEL

Sec.
285.          Establishment.
285a.         Purpose and policy.
285b.         Functions.
285c.         Law Revision Counsel.
285d.         Staff; Deputy Law Revision Counsel; delegation of 
                  functions.
285e.         Compensation.
285f.         Expenditures.
285g.         Availability of applicable accounts of House.


Sec. 285. Establishment

    There is established in the House of Representatives an office to be 
known as the Office of the Law Revision Counsel, referred to hereinafter 
in this chapter as the ``Office''.

(Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 
1777.)

                          Codification

    Section is based on section 205(a) of House Resolution No. 988, 
Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent 
law by Pub. L. 93-554.


                             Effective Date

    Section 101 of Pub. L. 93-554 provided that the enactment of House 
Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, into permanent 
law is effective on Jan. 2, 1975. This chapter is derived from enactment 
into permanent law of section 205 of House Resolution No. 988.


Sec. 285a. Purpose and policy

    The principal purpose of the Office shall be to develop and keep 
current an official and positive codification of the laws of the United 
States. The Office shall maintain impartiality as to issues of 
legislative policy to be determined by the House.

(Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 
1777.)

                          Codification

    Section is based on section 205(b) of House Resolution No. 988, 
Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent 
law by Pub. L. 93-554.


Sec. 285b. Functions

    The functions of the Office shall be as follows:
        (1) To prepare, and submit to the Committee on the Judiciary one 
    title at a time, a complete compilation, restatement, and revision 
    of the general and permanent laws of the United States which 
    conforms to the understood policy, intent, and purpose of the 
    Congress in the original enactments, with such amendments and 
    corrections as will remove ambiguities, contradictions, and other 
    imperfections both of substance and of form, separately stated, with 
    a view to the enactment of each title as positive law.
        (2) To examine periodically all of the public laws enacted by 
    the Congress and submit to the Committee on the Judiciary 
    recommendations for the repeal of obsolete, superfluous, and 
    superseded provisions contained therein.
        (3) To prepare and publish periodically a new edition of the 
    United States Code (including those titles which are not yet enacted 
    into positive law as well as those titles which have been so 
    enacted), with annual cumulative supplements reflecting newly 
    enacted laws.
        (4) To classify newly enacted provisions of law to their proper 
    positions in the Code where the titles involved have not yet been 
    enacted into positive law.
        (5) To prepare and submit periodically such revisions in the 
    titles of the Code which have been enacted into positive law as may 
    be necessary to keep such titles current.
        (6) To prepare and publish periodically new editions of the 
    District of Columbia Code, with annual cumulative supplements 
    reflecting newly enacted laws, through publication of the fifth 
    annual cumulative supplement to the 1973 edition of such Code.
        (7) To provide the Committee on the Judiciary with such advice 
    and assistance as the committee may request in carrying out its 
    functions with respect to the revision and codification of the 
    Federal statutes.

(Pub. L. 93-554, title I, ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 
1777; Pub. L. 94-386, Sec. 1, Aug. 14, 1976, 90 Stat. 1170.)

                          Codification

    Section is based on section 205(c) of House Resolution No. 988, 
Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent 
law by Pub. L. 93-554.


                               Amendments

    1976--Par. (6). Pub. L. 94-386 substituted ``through publication of 
the fifth annual cumulative supplement to the 1973 edition of such 
Code'' for ``until such time as the District of Columbia Self-Government 
and Governmental Reorganization Act becomes effective''.


Preparation and Publication of District of Columbia Code Under Direction 
                 of Council of the District of Columbia

    Pub. L. 94-386, Sec. 2, Aug. 14, 1976, 90 Stat. 1170, provided that:
    ``(a) After publication by the Law Revision Counsel of the fifth 
annual cumulative supplement to the 1973 edition of the District of 
Columbia Code, new editions of the District of Columbia Code (and annual 
cumulative supplements thereto) shall be prepared and published under 
the direction of the Council of the District of Columbia and shall set 
forth the general and permanent laws relating to or in force in the 
District of Columbia, whether enacted by the Congress or by the Council 
of the District of Columbia, except such laws as are of application in 
the District of Columbia by reason of being laws of the United States 
general and permanent in nature.
    ``(b) After completion of the printing of the fifth annual 
cumulative supplement to the 1973 edition of the District of Columbia 
Code, the Public Printer shall, as the Council of the District of 
Columbia may request, either--
        ``(1) furnish to the Council of the District of Columbia, on 
    such terms as the Public Printer (in consultation with the Joint 
    Committee on Printing) deems appropriate, the type used in preparing 
    the 1973 edition of the District of Columbia Code and the fifth 
    annual cumulative supplement to such edition; or
        ``(2) make such arrangements with the Council of the District of 
    Columbia as the Public Printer (in consultation with the Joint 
    Committee on Printing) deems appropriate for the printing by the 
    Government Printing Office of future editions of the District of 
    Columbia Code, and annual cumulative supplements thereto, prepared 
    under the direction of the Council of the District of Columbia.''


                       CHAPTER 29--CAPITOL POLICE



Sec. 1910. Report of disbursements


(a) In general

    Not later than 60 days after the last day of each semiannual period, 
the Chief of the Capitol Police shall submit to Congress, with respect 
to that period, a detailed, itemized report of the disbursements for the 
operations of the United States Capitol Police.

(b) Contents

    The report required by subsection (a) of this section shall 
include--
        (1) the name of each person or entity who receives a payment 
    from the Capitol Police and the amount thereof;
        (2) a description of any service rendered to the Capitol Police, 
    together with service dates;
        (3) a statement of all amounts appropriated to, or received or 
    expended by, the Capitol Police and any unexpended balances of such 
    amounts for any open fiscal year; and
        (4) such additional information as may be required by regulation 
    of the Committee on House Administration of the House of 
    Representatives or the Committee on Rules and Administration of the 
    Senate.

(c) Printing

    Each report under this section shall be printed as a House document.

(d) Effective date

    This section shall apply with respect to the semiannual periods of 
October 1 through March 31 and April 1 through September 30 of each 
year, beginning with the semiannual period in which this section is 
enacted.

(Pub. L. 109-55, title I, Sec. 1005, Aug. 2, 2005, 119 Stat. 575.)

                          Codification

    Section is from the Legislative Branch Appropriations Act, 2006.


        CHAPTER 30--OPERATION AND MAINTENANCE OF CAPITOL COMPLEX



Sec. 2104. Publication of list of works of art, historical 
        objects, and exhibits
        
    The Commission shall, from time to time, but at least once every ten 
years, publish as a Senate document a list of all works of art, 
historical objects, and exhibits currently within the Senate wing of the 
Capitol and the Senate Office Buildings, together with their 
description, location, and with such notes as may be pertinent to their 
history.

(Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.)

                          Codification

    Section was classified to section 188b-3 of former Title 40, prior 
to the enactment of Title 40, Public Buildings, Property, and Works, by 
Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.
    Section is based on section 4 of Senate Resolution No. 382, 
Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law 
by Pub. L. 100-696.


       TITLE 4--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

                 CHAPTER 5--OFFICIAL TERRITORIAL PAPERS



Sec. 145. Printing and distribution

    (a) The Public Printer shall print and bind each volume of the 
official papers relating to the Territories of the United States as 
provided for in this chapter, of which--
        (1) four hundred and twenty copies shall be delivered to the 
    Superintendent of Documents, Government Printing Office, for 
    distribution, on the basis of one copy each, and as directed by the 
    Archivist, to those historical associations, commissions, museums, 
    or libraries and other nondepository libraries, not to exceed eight 
    in number within each State, Territory, or Possession, which have 
    been or may be designated by the Governor thereof to receive such 
    copies;
        (2) one hundred copies shall be delivered to the National 
    Archives and Records Administration for the use of that 
    Administration; and
        (3) one hundred copies shall be delivered to the Superintendent 
    of Documents for distribution in such manner and number as may be 
    authorized and directed by the Joint Committee on Printing.

    (b) The historical associations, commissions, museums, or libraries 
and other nondepository libraries within each State, Territory, or 
Possession which have been or may be designated by the Governor thereof 
to receive the publications referred to in subsection (a) of this 
section, shall, during their existence, receive the succeeding volumes, 
the distribution of which shall be made by the Superintendent of 
Documents in accordance with lists of designations transmitted to him by 
the Archivist. A new designation may be made to the Archivist by the 
Governor only when a designated association, commission, museum, or 
library shall cease to exist, or when authorized by law.

(Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 714; amended Pub. L. 
98-497, title I, Sec. 107(f), Oct. 19, 1984, 98 Stat. 2292.)


                               Amendments

    1984--Subsec. (a)(1). Pub. L. 98-497 substituted ``Archivist'' for 
``Administrator''.
    Subsec. (a)(2). Pub. L. 98-497 substituted ``National Archives and 
Records Administration'' for ``General Services Administration''.
    Subsec. (b). Pub. L. 98-497 substituted ``Archivist'' for 
``Administrator'' in two places.


                    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 Title 44, 
Public Printing and Documents.

  Similar Provisions; Repeal; Saving Clause; Delegation of Functions; 
                   Transfer of Property and Personnel

    See note preceding section 141 of this title.


                      TITLE 15--COMMERCE AND TRADE


       CHAPTER 21--NATIONAL POLICY ON EMPLOYMENT AND PRODUCTIVITY



Sec. 1025. Printing of monthly publication by Joint Economic 
        Committee entitled ``Economic Indicators''; distribution
        
    The Joint Economic Committee is authorized to issue a monthly 
publication entitled ``Economic Indicators'', and a sufficient quantity 
shall be printed to furnish one copy to each Member of Congress; the 
Secretary and the Sergeant at Arms of the Senate; the Clerk, Sergeant at 
Arms, and Chief Administrative Officer of the House of Representatives; 
two copies to the libraries of the Senate and House, and the 
Congressional Library; seven hundred copies to the Joint Economic 
Committee; and the required number of copies to the Superintendent of 
Documents for distribution to depository libraries; and the 
Superintendent of Documents is authorized to have copies printed for 
sale to the public.

(June 23, 1949, ch. 237, 63 Stat. 264; Pub. L. 104-186, title II, 
Sec. 217, Aug. 20, 1996, 110 Stat. 1747.)

                          Codification

    Section was not enacted as a part of the Employment Act of 1946 
which comprises this chapter.
    ``Joint Economic Committee'' substituted in text for ``Joint 
Committee on the Economic Report'' to conform to act June 18, 1956, ch. 
399, Sec. 2, 70 Stat. 290. See section 1024(a) of this title.


                               Amendments

    1996--Pub. L. 104-186 substituted ``Chief Administrative Officer'' 
for ``Doorkeeper''.


                         TITLE 16--CONSERVATION


         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER



Sec. 824w. Joint boards on economic dispatch


(a) In general

    The Commission shall convene joint boards on a regional basis 
pursuant to section 824h of this title to study the issue of security 
constrained economic dispatch for the various market regions. The 
Commission shall designate the appropriate regions to be covered by each 
such joint board for purposes of this section.

(b) Membership

    The Commission shall request each State to nominate a representative 
for the appropriate regional joint board, and shall designate a member 
of the Commission to chair and participate as a member of each such 
board.

(c) Powers

    The sole authority of each joint board convened under this section 
shall be to consider issues relevant to what constitutes ``security 
constrained economic dispatch'' and how such a mode of operating an 
electric energy system affects or enhances the reliability and 
affordability of service to customers in the region concerned and to 
make recommendations to the Commission regarding such issues.

(d) Report to the Congress

    Within 1 year after August 8, 2005, the Commission shall issue a 
report and submit such report to the Congress regarding the 
recommendations of the joint boards under this section and the 
Commission may consolidate the recommendations of more than one such 
regional joint board, including any consensus recommendations for 
statutory or regulatory reform.

(June 10, 1920, ch. 285, pt. II, Sec. 223, as added Pub. L. 109-58, 
title XII, Sec. 1298, Aug. 8, 2005, 119 Stat. 986.)


Sec. 825c. Periodic and special reports; obstructing filing 
        reports or keeping accounts, etc.
        
    (a) Every licensee and every public utility shall file with the 
Commission such annual and other periodic or special reports as the 
Commission may by rules and regulations or order prescribe as necessary 
or appropriate to assist the Commission in the proper administration of 
this chapter. The Commission may prescribe the manner and form in which 
such reports shall be made, and require from such persons specific 
answers to all questions upon which the Commission may need information. 
The Commission may require that such reports shall include, among other 
things, full information as to assets and liabilities, capitalization, 
net investment, and reduction thereof, gross receipts, interest due and 
paid, depreciation, and other reserves, cost of project and other 
facilities, cost of maintenance and operation of the project and other 
facilities, cost of renewals and replacement of the project works and 
other facilities, depreciation, generation, transmission, distribution, 
delivery, use, and sale of electric energy. The Commission may require 
any such person to make adequate provision for currently determining 
such costs and other facts. Such reports shall be made under oath unless 
the Commission otherwise specifies.
    (b) It shall be unlawful for any person willfully to hinder, delay, 
or obstruct the making, filing, or keeping of any information, document, 
report, memorandum, record, or account required to be made, filed, or 
kept under this chapter or any rule, regulation, or order thereunder.

(June 10, 1920, ch. 285, pt. III, Sec. 304, as added Aug. 26, 1935, ch. 
687, title II, Sec. 213, 49 Stat. 855.)


Sec. 825j. Investigations relating to electric energy; reports 
        to Congress
        
    In order to secure information necessary or appropriate as a basis 
for recommending legislation, the Commission is authorized and directed 
to conduct investigations regarding the generation, transmission, 
distribution, and sale of electric energy, however produced, throughout 
the United States and its possessions, whether or not otherwise subject 
to the jurisdiction of the Commission, including the generation, 
transmission, distribution, and sale of electric energy by any agency, 
authority, or instrumentality of the United States, or of any State or 
municipality or other political subdivision of a State. It shall, so far 
as practicable, secure and keep current information regarding the 
ownership, operation, management, and control of all facilities for such 
generation, transmission, distribution, and sale; the capacity and 
output thereof and the relationship between the two; the cost of 
generation, transmission, and distribution; the rates, charges, and 
contracts in respect of the sale of electric energy and its service to 
residential, rural, commercial, and industrial consumers and other 
purchasers by private and public agencies; and the relation of any or 
all such facts to the development of navigation, industry, commerce, and 
the national defense. The Commission shall report to Congress the 
results of investigations made under authority of this section.

(June 10, 1920, ch. 285, pt. III, Sec. 311, as added Aug. 26, 1935, ch. 
687, title II, Sec. 213, 49 Stat. 859.)


Sec. 825k. Publication and sale of reports

    The Commission may provide for the publication of its reports and 
decisions in such form and manner as may be best adapted for public 
information and use, and is authorized to sell at reasonable prices 
copies of all maps, atlases, and reports as it may from time to time 
publish. Such reasonable prices may include the cost of compilation, 
composition, and reproduction. The Commission is also authorized to make 
such charges as it deems reasonable for special statistical services and 
other special or periodic services. The amounts collected under this 
section shall be deposited in the Treasury to the credit of 
miscellaneous receipts. All printing for the Federal Power Commission 
making use of engraving, lithography, and photolithography, together 
with the plates for the same, shall be contracted for and performed 
under the direction of the Commission, under such limitations and 
conditions as the Joint Committee on Printing may from time to time 
prescribe, and all other printing for the Commission shall be done by 
the Public Printer under such limitations and conditions as the Joint 
Committee on Printing may from time to time prescribe. The entire work 
may be done at, or ordered through, the Government Printing Office 
whenever, in the judgment of the Joint Committee on Printing, the same 
would be to the interest of the Government: Provided, That when the 
exigencies of the public service so require, the Joint Committee on 
Printing may authorize the Commission to make immediate contracts for 
engraving, lithographing, and photolithographing, without advertisement 
for proposals: Provided further, That nothing contained in this chapter 
or any other Act shall prevent the Federal Power Commission from placing 
orders with other departments or establishments for engraving, 
lithographing, and photolithographing, in accordance with the provisions 
of sections 1535 and 1536 of title 31, providing for interdepartmental 
work.

(June 10, 1920, ch. 285, pt. III, Sec. 312, as added Aug. 26, 1935, ch. 
687, title II, Sec. 213, 49 Stat. 859.)

                          Codification

    ``Sections 1535 and 1536 of title 31'' substituted in text for 
``sections 601 and 602 of the Act of June 30, 1932 (47 Stat. 417 [31 
U.S.C. 686, 686b])'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, 
Money and Finance.


                           TITLE 20--EDUCATION

       CHAPTER 26--SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS



Sec. 954. National Endowment for the Arts


(a) Establishment

    There is established within the Foundation a National Endowment for 
the Arts.

(b) Chairperson of the Endowment; term of office; vacancies

    (1) The Endowment shall be headed by a chairperson, to be known as 
the Chairperson of the National Endowment for the Arts, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (2) The term of office of the Chairperson shall be four years and 
the Chairperson shall be eligible for reappointment. The provisions of 
this subsection shall apply to any person appointed to fill a vacancy in 
the office of Chairperson. Upon expiration of the chairperson's term of 
office the Chairperson shall serve until the Chairperson's successor 
shall have been appointed and shall have qualified.

(c) Program of contracts, grants-in-aid, or loans to groups and 
        individuals for projects and productions; traditionally 
        underrepresented recipients of financial assistance

    The Chairperson, with the advice of the National Council on the 
Arts, is authorized to establish and carry out a program of contracts 
with, or grants-in-aid or loans to, groups or, in appropriate cases, 
individuals of exceptional talent engaged in or concerned with the arts, 
for the purpose of enabling them to provide or support--
        (1) projects and productions which have substantial national or 
    international artistic and cultural significance, giving emphasis to 
    American creativity and cultural diversity and to the maintenance 
    and encouragement of professional excellence;
        (2) projects and productions, meeting professional standards or 
    standards of authenticity or tradition, irrespective of origin, 
    which are of significant merit and which, without such assistance, 
    would otherwise be unavailable to our citizens for geographic or 
    economic reasons;
        (3) projects and productions that will encourage and assist 
    artists and enable them to achieve wider distribution of their 
    works, to work in residence at an educational or cultural 
    institution, or to achieve standards of professional excellence;
        (4) projects and productions which have substantial artistic and 
    cultural significance and that reach, or reflect the culture of, a 
    minority, inner city, rural, or tribal community;
        (5) projects and productions that will encourage public 
    knowledge, education, understanding, and appreciation of the arts;
        (6) workshops that will encourage and develop the appreciation 
    and enjoyment of the arts by our citizens;
        (7) programs for the arts at the local level;
        (8) projects that enhance managerial and organizational skills 
    and capabilities;
        (9) projects, productions, and workshops of the kinds described 
    in paragraphs (1) through (8) through film, radio, video, and 
    similar media, for the purpose of broadening public access to the 
    arts; and
        (10) other relevant projects, including surveys, research, 
    planning, and publications relating to the purposes of this 
    subsection.

In the case of publications under paragraph (10) of this subsection such 
publications may be supported without regard for the provisions of 
section 501 of title 44 only if the Chairperson consults with the Joint 
Committee on Printing of the Congress and the Chairperson submits to the 
Committee on Labor and Human Resources of the Senate and the Committee 
on Education and Labor of the House of Representatives a report 
justifying any exemption from such section 501. Any loans made by the 
Chairperson under this subsection shall be made in accordance with terms 
and conditions approved by the Secretary of the Treasury. In selecting 
individuals and groups of exceptional talent as recipients of financial 
assistance to be provided under this subsection, the Chairperson shall 
give particular regard to artists and artistic groups that have 
traditionally been underrepresented.


Sec. 956. National Endowment for the Humanities


(a) Establishment

    There is established within the Foundation the National Endowment 
for the Humanities.

(b) Chairperson of the Endowment; appointment, term, reappointment; 
        vacancy; expiration of term

    (1) The Endowment shall be headed by a chairperson, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (2) The term of office of the Chairperson shall be four years, and 
the Chairperson shall be eligible for reappointment. The provisions of 
this paragraph shall apply to any person appointed to fill a vacancy in 
the office of the Chairperson. Upon expiration of the Chairperson's term 
of office the Chairperson shall serve until the Chairperson's successor 
shall have been appointed and shall have qualified.

(c) Functions of the Endowment; publications; traditionally 
        underrepresented recipients of financial assistance

    The Chairperson, with the advice of the National Council on the 
Humanities (hereinafter established), is authorized to enter into 
arrangements, including contracts, grants, loans, and other forms of 
assistance, to--
        (1) develop and encourage the pursuit of a national policy for 
    the promotion of progress and scholarship in the humanities;
        (2) initiate and support research and programs to strengthen the 
    research and teaching potential of the United States in the 
    humanities by making arrangements with individuals or groups to 
    support such activities; any loans made by the Endowment shall be 
    made in accordance with terms and conditions approved by the 
    Secretary of the Treasury;
        (3) initiate and support training and workshops in the 
    humanities by making arrangements with institutions or individuals 
    (fellowships awarded to individuals under this authority may be for 
    the purpose of study or research at appropriate nonprofit 
    institutions selected by the recipient of such aid, for stated 
    periods of time);
        (4) initiate and support programs and research which have 
    substantial scholarly and cultural significance and that reach, or 
    reflect the diversity and richness of our American cultural 
    heritage, including the culture of, a minority, inner city, rural, 
    or tribal community;
        (5) foster international programs and exchanges;
        (6) foster the interchange of information in the humanities;
        (7) foster, with groups, education in, and public understanding 
    and appreciation of the humanities;
        (8) support the publication of scholarly works in the 
    humanities;
        (9) insure that the benefit of its programs will also be 
    available to our citizens where such programs would otherwise be 
    unavailable due to geographic or economic reasons; and
        (10) foster programs and projects that provide access to, and 
    preserve materials important to research, education, and public 
    understanding of, the humanities.

In the case of publications under clause (8) of this subsection such 
publications may be supported without regard for the provisions of 
section 501 of title 44 only if the Chairperson consults with the Joint 
Committee on Printing of the Congress and the Chairperson submits to the 
Committee on Labor and Human Resources of the Senate and the Committee 
on Education and Labor of the House of Representatives a report 
justifying any exemption from such section 501. In selecting individuals 
and groups of exceptional talent as recipients of financial assistance 
to be provided under this subsection, the Chairperson shall give 
particular regard to scholars, and educational and cultural 
institutions, that have traditionally been underrepresented.


               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

             CHAPTER 19--DISTRIBUTION OF REPORTS AND DIGESTS

Sec.
411.          Supreme Court reports; printing, binding, and 
                  distribution.
412.          Sale of Supreme Court reports.
413.          Publications; distribution to courts.
414.          Transmittal of books to successors.
[415.         Repealed.]


                               Amendments

    1982--Pub. L. 97-164, title I, Sec. 113, Apr. 2, 1982, 96 Stat. 29, 
struck out item 415 ``Court of Claims decisions''.
    1952--Act July 10, 1952, ch. 632, Sec. 3, 66 Stat. 540, amended 
analysis to conform it to amendments of sections 411 to 413 of this 
title.


Sec. 411. Supreme Court reports; printing, binding, and 
        distribution
        
    (a) The decisions of the Supreme Court of the United States shall be 
printed, bound, and distributed in the preliminary prints and bound 
volumes of the United States Reports as soon as practicable after 
rendition, to be charged to the proper appropriation for the judiciary. 
The number and distribution of the copies shall be under the control of 
the Joint Committee on Printing.
    (b) Reports printed prior to June 12, 1926, shall not be furnished 
the Secretary of the Army, the Secretary of the Navy, or the Secretary 
of the Air Force.
    (c) The Public Printer, or other printer designated by the Supreme 
Court of the United States, upon request, shall furnish to the 
Superintendent of Documents the reports required to be distributed under 
the provisions of this section.

(June 25, 1948, ch. 646, 62 Stat. 904; May 24, 1949, ch. 139, Sec. 68, 
63 Stat. 99; Oct. 31, 1951, ch. 655, Sec. 41, 65 Stat. 725; July 10, 
1952, ch. 632, Sec. 4, 66 Stat. 540.)


                      Historical and Revision Notes

                            1948 Act

    Based on title 28, U.S.C., 1940 ed., Sec. 334 (Mar. 3, 1911, ch. 
231, Sec. 227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 
1419; July 1, 1922, ch. 267, Sec. 3, 42 Stat. 816; June 12, 1926, ch. 
568, 44 Stat. 736; Jan. 29, 1929, ch. 113, 45 Stat. 1143; Mar. 2, 1929, 
ch. 488, Sec. 1, 45 Stat. 1475; July 3, 1930, ch. 863, Sec. 1, 46 Stat. 
1016; Feb. 23, 1931, ch. 276, Sec. 30, 46 Stat. 1214; May 17, 1932, ch. 
190, 47 Stat. 158; June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415; May 
10, 1934, ch. 277, Sec. 512, 48 Stat. 758; Ex. Ord. No. 6166, 
Sec. Sec. 12, 14, June 10, 1933; June 7, 1934, ch. 426, 48 Stat. 926; 
May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; June 20, 1936, ch. 630, 
Sec. 5, 49 Stat. 1549; June 25, 1936, ch. 804, 49 Stat. 1921).

                    CHAPTER 31--THE ATTORNEY GENERAL



Sec. 521. Publication and distribution of opinions

    The Attorney General, from time to time--
        (1) shall cause to be edited, and printed in the Government 
    Printing Office, such of his opinions as he considers valuable for 
    preservation in volumes; and
        (2) may prescribe the manner for the distribution of the 
    volumes.

Each volume shall contain headnotes, an index, and such footnotes as the 
Attorney General may approve.

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                   Revised Statutes and
      Derivation               U.S. Code             Statutes at Large
------------------------------------------------------------------------
                       5 U.S.C. 305 (1st          R.S. Sec.  383 (1st
                        sentence, as applicable    sentence, as
                        to the Attorney General;   applicable to the
                        2d and 3d sentences).      Attorney General; 2d
                                                   and 3d sentences).
------------------------------------------------------------------------

    Section 188 of the Revised Statutes was part of title IV of the 
Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as 
added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-
1), which provides ``Except to the extent inconsistent with the 
provisions of this Act [National Security Act of 1947], the provisions 
of title IV of the Revised Statutes as now or hereafter amended shall be 
applicable to the Department of Defense'' is omitted from this title but 
is not repealed.
    The words ``his opinions'' are substituted for ``the opinions of the 
law officers herein authorized to be given'' as the opinions of the 
Attorney General are his and only his and the reference to other ``law 
officers'' is misleading. All functions of all other officers of the 
Department of Justice were transferred to the Attorney General by 1950 
Reorg. Plan No. 2, Sec. 1, eff. May 14, 1950, 64 Stat. 1261. The word 
``considers'' is substituted for ``may deem''.
    In the last sentence, the words ``proper'' and ``complete and full'' 
are omitted as unnecessary.


                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

                        CHAPTER 15--FLOOD CONTROL



Sec. 701. Flood control generally

    Laws applicable to works of improvement relating to flood control--
All the provisions of existing law relating to examinations and surveys 
and to works of improvement of rivers and harbors shall apply, so far as 
applicable to examinations and surveys and to works of improvement 
relating to flood control. And all expenditures of funds appropriated 
for works and projects relating to flood control shall be made in 
accordance with and subject to the law governing the disbursement and 
expenditure of funds appropriated for the improvement of rivers and 
harbors.
    Examinations and surveys; details from Government departments; 
reports--All examinations and surveys of projects relating to flood 
control shall include a comprehensive study of the watershed or 
watersheds, and the report thereon in addition to any other matter upon 
which a report is required shall give such data as it may be practicable 
to secure in regard to (a) the extent and character of the area to be 
affected by the proposed improvement; (b) the probable effect upon any 
navigable water or waterway; (c) the possible economical development and 
utilization of water power; and (d) such other uses as may be properly 
related to or coordinated with the project. And the heads of the several 
departments of the Government may, in their discretion, and shall upon 
the request of the Secretary of the Army, detail representatives from 
their respective departments to assist the Engineers of the Army in the 
study and examination of such watersheds, to the end that duplication of 
work may be avoided and the various services of the Government 
economically coordinated therein: Provided, That all reports on 
preliminary examinations hereafter authorized, together with the report 
of the Board of Engineers for Rivers and Harbors thereon and the 
separate report of the representative of any other department, shall be 
submitted to the Secretary of the Army by the Chief of Engineers, with 
his recommendations, and shall be transmitted by the Secretary of the 
Army to the House of Representatives, and are ordered to be printed when 
so made.
    Reports by Board of Engineers for Rivers and Harbors--In the 
consideration of all works and projects relating to flood control which 
may be submitted to the Board of Engineers for Rivers and Harbors for 
consideration and recommendation, said board shall, in addition to any 
other matters upon which it may be required to report, state its opinion 
as to (a) what Federal interest, if any, is involved in the proposed 
improvement; (b) what share of the expense, if any, should be borne by 
the United States; and (c) the advisability of adopting the project.

(Mar. 1, 1917, ch. 144, Sec. 3, 39 Stat. 950; July 26, 1947, ch. 343, 
title II, Sec. 205(a), 61 Stat. 501; Pub. L. 103-437, Sec. 12(c), Nov. 
2, 1994, 108 Stat. 4590.)

                          Codification

    Sections 1 and 2 of act Mar. 1, 1917, are classified to sections 702 
and 703 of this title. Section 4 amended section 643 of this title. See 
section 702h of this title.


                               Amendments

    1994--Pub. L. 103-437 struck out par. at end which read as follows: 
``All examinations and reports which may now be made by the Board of 
Engineers for Rivers and Harbors upon request of the Committee on Rivers 
and Harbors relating to works or projects of navigation shall in like 
manner be made upon request of the Committee on Flood Control on all 
works and projects relating to flood control.''

                         Change of Name

    Department of War designated Department of the Army and title of 
Secretary of War changed to Secretary of the Army by section 205(a) of 
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of 
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10, 
Armed Forces'' which in sections 3010 to 3013 continued Department of 
the Army under administrative supervision of Secretary of the Army.

      Termination of Board of Engineers for Rivers and Harbors and 
               Reassignment of Duties and Responsibilities

    For termination of Board of Engineers for Rivers and Harbors 180 
days after Oct. 31, 1992, and reassignment of duties and 
responsibilities by Secretary of Army, see section 223 of Pub. L. 102-
580, set out as a note under section 541 of this title.


                          Floodplain Management

    For provisions relating to the reduction of the risk of flood loss, 
the minimization of the impact of floods on human safety, health, and 
welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 
24, 1977, 42 F.R. 26951, set out as a note under section 4321 of Title 
42, The Public Health and Welfare.

                        Executive Order No. 11296

    Ex. Ord. No. 11296, Aug. 10, 1966, 31 F.R. 10663, as amended by Pub. 
L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82 Stat. 1194, which related 
to the evaluation of flood hazard in locating federally owned or 
financed buildings, roads, and other facilities, and in disposing of 
federal lands and properties, was revoked by Ex. Ord. No. 11988, May 24, 
1977, 42 F.R. 26951, set out as a note under section 4321 of Title 42, 
The Public Health and Welfare.


Sec. 701-1. Declaration of policy of 1944 act

    In connection with the exercise of jurisdiction over the rivers of 
the Nation through the construction of works of improvement, for 
navigation or flood control, as herein authorized, it is declared to be 
the policy of the Congress to recognize the interests and rights of the 
States in determining the development of the watersheds within their 
borders and likewise their interests and rights in water utilization and 
control, as herein authorized to preserve and protect to the fullest 
possible extent established and potential uses, for all purposes, of the 
waters of the Nation's rivers; to facilitate the consideration of 
projects on a basis of comprehensive and coordinated development; and to 
limit the authorization and construction of navigation works to those in 
which a substantial benefit to navigation will be realized therefrom and 
which can be operated consistently with appropriate and economic use of 
the waters of such rivers by other users.
    In conformity with this policy:
    (a) Plans, proposals, or reports of the Chief of Engineers, 
Department of the Army, for any works of improvement for navigation or 
flood control not heretofore or herein authorized, shall be submitted to 
the Congress only upon compliance with the provisions of this paragraph 
(a). Investigations which form the basis of any such plans, proposals, 
or reports shall be conducted in such a manner as to give to the 
affected State or States, during the course of the investigations, 
information developed by the investigations and also opportunity for 
consultation regarding plans and proposals, and, to the extent deemed 
practicable by the Chief of Engineers, opportunity to cooperate in the 
investigations. If such investigations in whole or part are concerned 
with the use or control of waters arising west of the ninety-seventh 
meridian, the Chief of Engineers shall give to the Secretary of the 
Interior, during the course of the investigations, information developed 
by the investigations and also opportunity for consultation regarding 
plans and proposals, and to the extent deemed practicable by the Chief 
of Engineers, opportunity to cooperate in the investigations. The 
relations of the Chief of Engineers with any State under this paragraph 
(a) shall be with the Governor of the State or such official or agency 
of the State as the Governor may designate. The term ``affected State or 
States'' shall include those in which the works or any part thereof are 
proposed to be located; those which in whole or part are both within the 
drainage basin involved and situated in a State lying wholly or in part 
west of the ninety-eighth meridian; and such of those which are east of 
the ninety-eighth meridian as, in the judgment of the Chief of 
Engineers, will be substantially affected. Such plans, proposals, or 
reports and related investigations shall be made to the end, among other 
things, of facilitating the coordination of plans for the construction 
and operation of the proposed works with other plans involving the 
waters which would be used or controlled by such proposed works. Each 
report submitting any such plans or proposals to the Congress shall set 
out therein, among other things, the relationship between the plans for 
construction and operation of the proposed works and the plans, if any, 
submitted by the affected States and by the Secretary of the Interior. 
The Chief of Engineers shall transmit a copy of his proposed report to 
each affected State, and, in case the plans or proposals covered by the 
report are concerned with the use or control of waters which rise in 
whole or in part west of the ninety-seventh meridian, to the Secretary 
of the Interior. Within 30 days from the date of receipt of said 
proposed report, the written views and recommendations of each affected 
State and of the Secretary of the Interior may be submitted to the Chief 
of Engineers. The Secretary of the Army shall transmit to the Congress, 
with such comments and recommendations as he deems appropriate, the 
proposed report together with the submitted views and recommendations of 
affected States and of the Secretary of the Interior. The Secretary of 
the Army may prepare and make said transmittal any time following said 
30-day period. The letter of transmittal and its attachments shall be 
printed as a House or Senate document.


     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS

                          CHAPTER 101--GENERAL


                  Termination of Reporting Requirements

    With respect to corporations listed below, for termination, 
effective May 15, 2000, of reporting provisions in subsec. (b)(1) 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 pages 196 
through 208 of House Document No. 103-7.
    Agricultural Hall of Fame
    American Chemical Society
    American Council of Learned Societies
    American Ex-Prisoners of War
    American Gold Star Mothers, Incorporated
    American Historical Association
    The American Legion
    The American National Theater and Academy
    The American Society of International Law
    American Symphony Orchestra League
    American War Mothers
    AMVETS (American Veterans)
    Army and Navy Union of the United States of America
    Aviation Hall of Fame
    Big Brothers-Big Sisters of America
    Blinded Veterans Association
    Blue Star Mothers of America, Inc.
    Board For Fundamental Education
    Boy Scouts of America
    Boys & Girls Clubs of America
    Catholic War Veterans of the United States of America, Incorporated
    Civil Air Patrol
    Congressional Medal of Honor Society of the United States of America
    Daughters of Union Veterans of the Civil War 1861-1865
    Disabled American Veterans
    Former Members of Congress
    The Foundation of the Federal Bar Association
    Future Farmers of America
    General Federation of Women's Clubs
    Girl Scouts of the United States of America
    Gold Star Wives of America
    Italian American War Veterans of the United States
    Jewish War Veterans of the United States of America, Incorporated
    Jewish War Veterans, U.S.A., National Memorial, Incorporated
    Ladies of the Grand Army of the Republic
    Legion of Valor of the United States of America, Incorporated
    Little League Baseball, Incorporated
    Marine Corps League
    The Military Chaplains Association of the United States of America
    Military Order of the Purple Heart of the United States of America, 
Incorporated
    National Academy of Public Administration
    National Academy of Sciences
    National Conference of State Societies, Washington, District of 
Columbia
    National Conference on Citizenship
    National Council on Radiation Protection and Measurements
    National Federation of Music Clubs
    National Fund for Medical Education
    National Mining Hall of Fame and Museum
    National Music Council
    National Safety Council
    National Ski Patrol System, Incorporated
    National Society, Daughters of the American Colonists
    The National Society of the Daughters of the American Revolution
    National Society of the Sons of the American Revolution
    National Tropical Botanical Garden
    National Woman's Relief Corps, Auxiliary to the Grand Army of the 
Republic
    The National Yoemen F
    Naval Sea Cadet Corps
    Navy Club of the United States of America
    Navy Wives Clubs of America
    Non Commissioned Officers Association of the United States of 
America, Incorporated
    Paralyzed Veterans of America
    Pearl Harbor Survivors Association
    Polish Legion of American Veterans, U.S.A.
    Reserve Officers Association of the United States
    Sons of Union Veterans of the Civil War
    369th Veterans' Association
    United Service Organizations, Incorporated
    United States Capitol Historical Society
    United States Submarine Veterans of World War II
    Veterans of Foreign Wars of the United States
    Veterans of World War I of the United States of America, 
Incorporated
    Vietnam Veterans of America, Inc.
    Women's Army Corps Veterans' Association


             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

        SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

Chapter                                                             Sec.
1.          GENERAL.........................................         101
3.          ORGANIZATION OF GENERAL SERVICES ADMINISTRATION.         301
5.          PROPERTY MANAGEMENT.............................         501
7.          FOREIGN EXCESS PROPERTY.........................         701
9.          URBAN LAND USE..................................         901
11.         SELECTION OF ARCHITECTS AND ENGINEERS...........        1101
13.         PUBLIC PROPERTY.................................        1301


                           CHAPTER 1--GENERAL

              SUBCHAPTER I--PURPOSE AND DEFINITIONS

Sec.
101.          Purpose.
102.          Definitions.
                      SUBCHAPTER II--SCOPE

111.          Application to Federal Property and Administrative 
                  Services Act of 1949.
112.          Applicability of certain policies, procedures, and 
                  directives in effect on July 1, 1949.
113.          Limitations.
           SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

121.          Administrative.
122.          Prohibition on sex discrimination.
123.          Civil remedies for fraud.
124.          Agency use of amounts for property management.
125.          Library memberships.
126.          Reports to Congress.


                  SUBCHAPTER I--PURPOSE AND DEFINITIONS



Sec. 101. Purpose

    The purpose of this subtitle is to provide the Federal Government 
with an economical and efficient system for the following activities:
        (1) Procuring and supplying property and nonpersonal services, 
    and performing related functions including contracting, inspection, 
    storage, issue, setting specifications, identification and 
    classification, transportation and traffic management, establishment 
    of pools or systems for transportation of Government personnel and 
    property by motor vehicle within specific areas, management of 
    public utility services, repairing and converting, establishment of 
    inventory levels, establishment of forms and procedures, and 
    representation before federal and state regulatory bodies.
        (2) Using available property.
        (3) Disposing of surplus property.
        (4) Records management.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
101...................................  40:471.                          June 30, 1949, ch. 288, Sec.  2, 63
                                                                          Stat. 378; Sept. 1, 1954, ch. 1211,
                                                                          Sec.  1, 68 Stat. 1126.
----------------------------------------------------------------------------------------------------------------

                      Short Title of 2006 Amendment

    Pub. L. 109-396, Sec. 1, Dec. 15, 2006, 120 Stat. 2711, provided 
that: ``This Act [enacting provisions set out as notes under sections 
524 and 5102 of this title, provisions listed in a table of 
Commemorative Works set out under section 8903 of this title, and 
provisions set out as a note under section 225b of Title 24, Hospitals 
and Asylums] may be cited as the `Federal and District of Columbia 
Government Real Property Act of 2006'.''
    Pub. L. 109-313, Sec. 1, Oct. 6, 2006, 120 Stat. 1734, provided 
that: ``This Act [amending sections 303, 321, 549, 573, 604, and 605 of 
this title, section 5316 of Title 5, Government Organization and 
Employees, section 2669 of Title 22, Foreign Relations and Intercourse, 
and section 433 of Title 41, Public Contracts, repealing section 322 of 
this title, enacting provisions set out as notes under sections 303 and 
321 of this title and section 5316 of Title 5, and amending provisions 
set out as notes under section 2302 of Title 10, Armed Forces, and 
section 2107 of Title 44, Public Printing and Documents] may be cited as 
the `General Services Administration Modernization Act'.''


                      Short Title of 2003 Amendment

    Pub. L. 108-126, title II, Sec. 201, Nov. 17, 2003, 117 Stat. 1349, 
provided that: ``This title [amending sections 8901 to 8906 and 8908 of 
this title and enacting provisions set out as notes under section 8901 
of this title] may be cited as the `Commemorative Works Clarification 
and Revision Act of 2003'.''


Sec. 102. Definitions

    The following definitions apply in chapters 1 through 7 of this 
title and in title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.):
        (1) Care and handling.--The term ``care and handling'' 
    includes--
            (A) completing, repairing, converting, rehabilitating, 
        operating, preserving, protecting, insuring, packing, storing, 
        handling, conserving, and transporting excess and surplus 
        property; and
            (B) rendering innocuous, or destroying, property that is 
        dangerous to public health or safety.

        (2) Contractor inventory.--The term ``contractor inventory'' 
    means--
            (A) property, in excess of amounts needed to complete full 
        performance, that is acquired by and in possession of a 
        contractor or subcontractor under a contract pursuant to which 
        title is vested in the Federal Government; and
            (B) property that the Government is obligated or has the 
        option to take over, under any type of contract, as a result of 
        changes in specifications or plans under the contract, or as a 
        result of termination of the contract (or a subcontract), prior 
        to completion of the work, for the convenience or at the option 
        of the Government.

        (3) Excess property.--The term ``excess property'' means 
    property under the control of a federal agency that the head of the 
    agency determines is not required to meet the agency's needs or 
    responsibilities.
        (4) Executive agency.--The term ``executive agency'' means--
            (A) an executive department or independent establishment in 
        the executive branch of the Government; and
            (B) a wholly owned Government corporation.

        (5) Federal agency.--The term ``federal agency'' means an 
    executive agency or an establishment in the legislative or judicial 
    branch of the Government (except the Senate, the House of 
    Representatives, and the Architect of the Capitol, and any 
    activities under the direction of the Architect of the Capitol).
        (6) Foreign excess property.--The term ``foreign excess 
    property'' means excess property that is not located in the States 
    of the United States, the District of Columbia, Puerto Rico, 
    American Samoa, Guam, the Northern Mariana Islands, the Federated 
    States of Micronesia, the Marshall Islands, Palau, and the Virgin 
    Islands.
        (7) Motor vehicle.--The term ``motor vehicle'' means any 
    vehicle, self-propelled or drawn by mechanical power, designed and 
    operated principally for highway transportation of property or 
    passengers, excluding--
            (A) a vehicle designed or used for military field training, 
        combat, or tactical purposes, or used principally within the 
        confines of a regularly established military post, camp, or 
        depot; and
            (B) a vehicle regularly used by an agency to perform 
        investigative, law enforcement, or intelligence duties, if the 
        head of the agency determines that exclusive control of the 
        vehicle is essential for effective performance of duties.

        (8) Nonpersonal services.--The term ``nonpersonal services'' 
    means contractual services designated by the Administrator of 
    General Services, other than personal and professional services.
        (9) Property.--The term ``property'' means any interest in 
    property except--
            (A)(i) the public domain;
            (ii) land reserved or dedicated for national forest or 
        national park purposes;
            (iii) minerals in land or portions of land withdrawn or 
        reserved from the public domain which the Secretary of the 
        Interior determines are suitable for disposition under the 
        public land mining and mineral leasing laws; and
            (iv) land withdrawn or reserved from the public domain 
        except land or portions of land so withdrawn or reserved which 
        the Secretary, with the concurrence of the Administrator, 
        determines are not suitable for return to the public domain for 
        disposition under the general public land laws because the lands 
        are substantially changed in character by improvements or 
        otherwise;
            (B) naval vessels that are battleships, cruisers, aircraft 
        carriers, destroyers, or submarines; and
            (C) records of the Government.

        (10) Surplus property.--The term ``surplus property'' means 
    excess property that the Administrator determines is not required to 
    meet the needs or responsibilities of all federal agencies.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
102...................................  40:472.                          June 30, 1949, ch. 288, Sec.  3, 63
                                                                          Stat. 378; Sept. 5, 1950, ch. 849,
                                                                          Sec. Sec.  7(a), 8(a), 64 Stat. 590,
                                                                          591; July 12, 1952, ch. 703, Sec.
                                                                          1(a), (b), 66 Stat. 593; Sept. 1,
                                                                          1954, ch. 1211, Sec.  4(c), 68 Stat.
                                                                          1129; Aug. 12, 1955, ch. 874, Sec.  2,
                                                                          69 Stat. 722; Pub. L. 85-337, Sec.  5,
                                                                          Feb. 28, 1958, 72 Stat. 29; Pub. L. 86-
                                                                          70, Sec.  30(a), June 25, 1959, 73
                                                                          Stat. 148; Pub. L. 86-624, Sec.
                                                                          27(a), July 12, 1960, 74 Stat. 418;
                                                                          Pub. L. 93-594, Jan. 2, 1975, 88 Stat.
                                                                          1926.
----------------------------------------------------------------------------------------------------------------

    In this section, the words ``and in title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)'' are added to provide an accurate literal translation of the 
words ``this Act'', meaning the Federal Property and Administrative 
Services Act of 1949. See the revision note under section 111 of this 
title. The definition of ``Administrator'' is omitted as unnecessary. 
The text of 40:472(i) is omitted as unnecessary because of the 
definition of ``person'' in 1:1.
    In clause (6), the words ``the Northern Mariana Islands, the 
Federated States of Micronesia, the Marshall Islands, Palau'' are 
substituted for ``the Trust Territory of the Pacific Islands'' because 
of the termination of the Trust Territory of the Pacific Islands. See 
48:1681 note prec.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as 
amended. Title III of the Act is classified generally to subchapter IV 
(Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Tables.
    The public land mining and mineral leasing laws, referred to in par. 
(9)(A)(iii), are classified generally to Title 30, Mineral Lands and 
Mining.
    The public land laws, referred to in par. (9)(A)(iv), are classified 
generally to Title 43, Public Lands.


                          SUBCHAPTER II--SCOPE



Sec. 111. Application to Federal Property and Administrative 
        Services Act of 1949
        
    In the following provisions, the words ``this subtitle'' are deemed 
to refer also to title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.):
        (1) Section 101 of this title.
        (2) Section 112(a) of this title.
        (3) Section 113 of this title.
        (4) Section 121(a) of this title.
        (5) Section 121(c)(1) of this title.
        (6) Section 121(c)(2) of this title.
        (7) Section 121(d)(1) and (2) of this title.
        (8) Section 121(e)(1) of this title.
        (9) Section 121(f) of this title.
        (10) Section 121(g) of this title.
        (11) Section 122(a) of this title.
        (12) Section 123(a) of this title.
        (13) Section 123(c) of this title.
        (14) Section 124 of this title.
        (15) Section 126 of this title.
        (16) Section 311(c) of this title.
        (17) Section 313(a) of this title.
        (18) Section 528 of this title.
        (19) Section 541 of this title.
        (20) Section 549(e)(3)(H)(i)(II) of this title.
        (21) Section 557 of this title.
        (22) Section 558(a) of this title.
        (23) Section 559(f) of this title.
        (24) Section 571(b) of this title.
        (25) Section 572(a)(2)(A) of this title.
        (26) Section 572(b)(4) of this title.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
111...................................  (no source).                     .......................................
----------------------------------------------------------------------------------------------------------------

    This section is added to provide an accurate literal translation of 
the words ``this Act'', meaning the Federal Property and Administrative 
Services Act of 1949. In the positive law codification of title 40, most 
of the Federal Property and Administrative Services Act of 1949 is 
restated as subtitle I of title 40. However, title III of the Act, which 
is outside the scope of the positive law codification, remains 
classified to the United States Code as 41 U.S.C. 251 et seq. Where the 
words ``this Act'' are restated, substituting the words ``this 
subtitle'' does not yield an accurate literal translation because ``this 
subtitle'' does not include title III of the Act. This section does not 
subject any provision of law to title III of the Act if that provision 
was not subject to title III prior to the positive law codification of 
title 40.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as 
amended. Title III of the Act is classified generally to subchapter IV 
(Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Tables.


Sec. 112. Applicability of certain policies, procedures, and 
        directives in effect on July 1, 1949
        
    (a) In General.--A policy, procedure, or directive described in 
subsection (b) remains in effect until superseded or amended under this 
subtitle or other appropriate authority.
    (b) Description.--A policy, procedure, or directive referred to in 
subsection (a) is one that was in effect on July 1, 1949, and that was 
prescribed by--
        (1) the Director of the Bureau of Federal Supply or the 
    Secretary of the Treasury and that related to a function transferred 
    to or vested in the Administrator of General Services on June 30, 
    1949, by the Federal Property and Administrative Services Act of 
    1949;
        (2) an officer of the Federal Government under authority of the 
    Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other 
    authority related to surplus property or foreign excess property;
        (3) the Federal Works Administrator or the head of a constituent 
    agency of the Federal Works Agency; or
        (4) the Archivist of the United States or another officer or 
    body whose functions were transferred on June 30, 1949, by title I 
    of the Federal Property and Administrative Services Act of 1949.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
112...................................  40:473.                          June 30, 1949, ch. 288, title VI, Sec.
                                                                          601, formerly title V, Sec.  501, 63
                                                                          Stat. 399; renumbered Sept. 5, 1950,
                                                                          ch. 849, Sec.  6(a), (b), 64 Stat.
                                                                          583.
----------------------------------------------------------------------------------------------------------------

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Except for title III of the Act, which is 
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of 
Title 41, Public Contracts, the Act was repealed and reenacted by Pub. 
L. 107-217, Sec. Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as 
chapters 1 to 11 of this title. Provisions of former title I of the Act 
now appear in chapter 3 of this title.
    The Surplus Property Act of 1944, referred to in subsec. (b)(2), is 
act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was 
classified principally to sections 1611 to 1646 of Title 50, Appendix, 
War and National Defense, and was repealed effective July 1, 1949, with 
the exception of sections 1622, 1631, 1637, and 1641 of Title 50, 
Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 
Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 
583. Sections 1622 and 1641 were partially repealed by the 1949 act, and 
section 1622 is set out in part in Title 50, Appendix. Section 1622(g) 
was repealed and reenacted as sections 47151 to 47153 of Title 49, 
Transportation, by Pub. L. 103-272, Sec. Sec. 1(e), 7(b), July 5, 1994, 
108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7, 
1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 
Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 
1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, 
eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes 
and Criminal Procedure. Provisions of section 1641 not repealed by the 
1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 
1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of 
Title 22, Foreign Relations and Intercourse. The provisions of the 
Surplus Property Act of 1944 originally repealed by the 1949 act are 
covered by provisions of the 1949 act which were classified to chapter 
10 (Sec. 471 et seq.) of former Title 40, Public Buildings, Property, 
and Works, and which were repealed and reenacted by Pub. L. 107-217, 
Sec. Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 
11 of this title.


Sec. 113. Limitations

    (a) In General.--Except as otherwise provided in this section, the 
authority conferred by this subtitle is in addition to any other 
authority conferred by law and is not subject to any inconsistent 
provision of law.
    (b) Limitation Regarding the Office of Federal Procurement Policy 
Act.--The authority conferred by this subtitle is subject to the Office 
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
    (c) Limitation Regarding Certain Government Corporations and 
Agencies.--Sections 121(b) and 506(c) of this title do not apply to a 
Government corporation or agency that is subject to chapter 91 of title 
31.
    (d) Limitation Regarding Congress.--This subtitle does not apply to 
the Senate or the House of Representatives (including the Architect of 
the Capitol and any building, activity, or function under the direction 
of the Architect). However, services and facilities authorized by this 
subtitle shall, as far as practicable, be made available to the Senate, 
the House of Representatives, and the Architect of the Capitol on their 
request. If payment would be required for providing a similar service or 
facility to an executive agency, payment shall be made by the recipient, 
on presentation of proper vouchers, in advance or by reimbursement (as 
may be agreed upon by the Administrator of General Services and the 
officer or body making the request). The payment may be credited to the 
applicable appropriation of the executive agency receiving the payment.
    (e) Other Limitations.--Nothing in this subtitle impairs or affects 
the authority of--
        (1) the President under the Philippine Property Act of 1946 (22 
    U.S.C. 1381 et seq.);
        (2) an executive agency, with respect to any program conducted 
    for purposes of resale, price support, grants to farmers, 
    stabilization, transfer to foreign governments, or foreign aid, 
    relief, or rehabilitation, but the agency carrying out the program 
    shall, to the maximum extent practicable, consistent with the 
    purposes of the program and the effective, efficient conduct of 
    agency business, coordinate its operations with the requirements of 
    this subtitle and with policies and regulations prescribed under 
    this subtitle;
        (3) an executive agency named in chapter 137 of title 10, and 
    the head of the agency, with respect to the administration of that 
    chapter;
        (4) the Secretary of Defense with respect to property required 
    for or located in occupied territories;
        (5) the Secretary of Defense with respect to the administration 
    of section 2535 of title 10;
        (6) the Secretary of Defense and the Secretaries of the Army, 
    Navy, and Air Force with respect to the administration of the 
    Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et 
    seq.);
        (7) the Secretary of State under the Foreign Service Buildings 
    Act, 1926 (22 U.S.C. 292 et seq.);
        (8) the Secretary of Agriculture under--
            (A) the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1751 et seq.);
            (B) the Farmers Home Administration Act of 1946 (ch. 964, 60 
        Stat. 1062);
            (C) section 32 of the Act of August 24, 1935 (7 U.S.C. 
        612c), with respect to the exportation and domestic consumption 
        of agricultural products;
            (D) section 201 of the Agricultural Adjustment Act of 1938 
        (7 U.S.C. 1291); or
            (E) section 203(j) of the Agricultural Marketing Act of 1946 
        (7 U.S.C. 1622(j));

        (9) an official or entity under the Farm Credit Act of 1971 (12 
    U.S.C. 2001 et seq.), with respect to the acquisition or disposal of 
    property;
        (10) the Secretary of Housing and Urban Development or the 
    Federal Deposit Insurance Corporation (or an officer of the 
    Corporation) with respect to the disposal of--
            (A) residential property; or
            (B) other property--
                (i) acquired or held as part of, or in connection with, 
            residential property; or
                (ii) held in connection with the insurance of mortgages, 
            loans, or savings association accounts under the National 
            Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit 
            Insurance Act (12 U.S.C. 1811 et seq.), or any other law;

        (11) the Tennessee Valley Authority with respect to nonpersonal 
    services, with respect to section 501(c) of this title, and with 
    respect to property acquired in connection with a program of 
    processing, manufacture, production, or force account construction, 
    but the Authority shall, to the maximum extent it considers 
    practicable, consistent with the purposes of its program and the 
    effective, efficient conduct of its business, coordinate its 
    operations with the requirements of this subtitle and with policies 
    and regulations prescribed under this subtitle;
        (12) the Secretary of Energy with respect to atomic energy;
        (13) the Secretary of Transportation or the Secretary of 
    Commerce with respect to the disposal of airport property and airway 
    property (as those terms are defined in section 47301 of title 49) 
    for use as such property;
        (14) the United States Postal Service;
        (15) the Maritime Administration with respect to the 
    acquisition, procurement, operation, maintenance, preservation, 
    sale, lease, charter, construction, reconstruction, or 
    reconditioning (including outfitting and equipping incidental to 
    construction, reconstruction, or reconditioning) of a merchant 
    vessel or shipyard, ship site, terminal, pier, dock, warehouse, or 
    other installation necessary or appropriate for carrying out a 
    program of the Administration authorized by law or nonadministrative 
    activities incidental to a program of the Administration authorized 
    by law, but the Administration shall, to the maximum extent it 
    considers practicable, consistent with the purposes of its programs 
    and the effective, efficient conduct of its activities, coordinate 
    its operations with the requirements of this subtitle and with 
    policies and regulations prescribed under this subtitle;
        (16) the Central Intelligence Agency;
        (17) the Joint Committee on Printing, under title 44 or any 
    other law;
        (18) the Secretary of the Interior with respect to procurement 
    for program operations under the Bonneville Project Act of 1937 (16 
    U.S.C. 832 et seq.);
        (19) the Secretary of State with respect to the furnishing of 
    facilities in foreign countries and reception centers within the 
    United States; or
        (20) the Office of the Director of National Intelligence.


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