3303 of this title shall be mandatory, subject to section 2909 of this title. Authorizations granted under schedules promulgated under subsection (d) of this section shall be permissive.

(c) The Administrator may request advice and counsel from the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives with respect to the disposal of any particular records under this chapter whenever he considers that

(1) those particular records may be of special interest to the Congress; or

(2) consultation with the Congress regarding the disposal of those particular records is in the public interest.

However, this subsection does not require the Administrator to request such advice and counsel as a regular procedure in the general disposal of records under this chapter.

(d) The Administrator may promulgate schedules authorizing the disposal, after the lapse of specified periods of time, of records of a specified form or character common to several or all agencies if such records will not, at the end of the periods specified, have sufficient administrative, legal, research, or other value to warrant their further preservation by the United States Government.

(e) The Administrator may approve and effect the disposal of records that are in his legal custody, provided that records that had been in the custody of another existing agency may not be disposed of without the written consent of the head of the agency.

(f) The Administrator shall make an annual report to the 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, § 1, June 23, 1970, 84 Stat. 321.)

§ 3304 to 3307. Repealed. Pub. L. 91-287, § 2(c) June 23, 1970, 84 Stat. 321.

Sections, Pub. L. 90-620. Oct. 22, 1968, 82 Stat. 1300, 1301, related to disposal of records as follows:

Section 3304, submission to Congress by Administrator of General Services of lists and schedules of records lacking preservation value.

Section 3305, examination of lists and schedules by joint congressional committees and report to Congress. Section 3306, disposal of records by head of Government agency upon notification by Administrator of action by joint congressional committee.

Section 3307, disposal of records upon failure of joint congressional committee to act.

Subject matter is now covered by section 3303a of this title, last sentence of first par. and second par. of former section 3304 of this title being covered by subsecs. (e) and (d) of section 3303a of this title, respectively.

§ 3308. Disposal of similar records where prior disposal was authorized.

When it appears to the Administrator of General 'Services 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 ac

cordance 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, § 2(a), June 23, 1970, 84 Stat. 321.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., § 373 (July 7, 1943, ch. 192, § 8, 57 Stat. 382; June 30, 1949, ch. 288, Title I, § 104(a), 63 Stat. 381).

AMENDMENTS

1970-Pub. L. 31-287 struck out "by Congress" following "authorized".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3105, 3309 of this title.

§ 3309. Preservation of claims of Government until settled in General Accounting 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 General Accounting 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, § 2(b), June 23, 1970, 84 Stat. 321.)

HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 374 (July 7, 1943, ch. 192, § 9, 57 Stat. 382).

AMENDMENTS 1970-Pub. L. 91-287 substituted "under this chapter" for "under sections 3306-3308 of this title".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3105 of this title.

§ 3310. Disposal of records constituting menace to health, life, or property.

When the Administrator of General Services 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 Administrator shall eliminate the menace immediately by any method he considers necessary. When records in the custody of the Administrator are disposed of under this section, the Administrator shall report their disposal to the agency from which they were transferred. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1301.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., § 375 (July 7, 1943, ch. 192, § 10, 57 Stat. 382; June 30, 1949, ch. 288, title I, § 104 (a), 63 Stat. 381).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3105 of this title. § 3311. Destruction of records outside continental United States in time of war or when hostile action seems imminent; written report to Administrator of General Services.

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 Administrator of General Services 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.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., § 376 (July 7, 1943, ch. 192, § 11, 57 Stat. 382; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title. § 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., § 378 (July 7, 1943, ch. 192, § 13, 57 Stat. 382).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

§ 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., § 379 (July 7, 1943, ch. 192, § 14, 57 Stat. 383).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title. § 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., § 380 (July 7, 1943, ch. 192, § 15, 57 Stat. 383).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3105 of this title. 47-500 0-71-vol. 10- -27

§ 3501. Information for Federal agencies.

Information needed by Federal agencies shall be obtained with a minimum burden upon business enterprises, especially small business enterprises, and other persons required to furnish the information, and at a minimum cost to the Government. Unnecessary duplication of efforts in obtaining information through the use of reports, questionnaires, and other methods shall be eliminated as rapidly as practicable. Information collected and tabulated by a Federal agency shall, as far as is expedient, be tabulated in a manner to maximize the usefulness of the information to other Federal agencies and the public. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1302.)

HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., Supp. II, § 421 (Dec. 24, 1942, ch. 811, § 2, 56 Stat. 1078).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3510 of this title. § 3502. Definitions.

As used in this chapter

"Federal agency" means an executive department, commission, independent establishment, corporation owned or controlled by the United States, board, bureau, division, service, office, authority, or administration in the executive branch of the Government; but does not include the General Accounting Office nor the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions;

"person" means an individual, partnership, association, corporation, business trust, or legal representative, an organized group of persons, a State or territorial government or branch, or a political subdivision of a State or territory or a branch of a political subdivision;

"information" means facts obtained or solicited by the use of written report forms, application forms, schedules, questionnaires, or other similar methods calling either for answers to identical questions from ten or more persons other than agencies, instrumentalities, or employees of the United States or for answers to questions from agencies, instrumentalities, or employees of the United States which are to be used for statistical compilations of general public interest. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1302.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II. § 426 (Dec. 24, 1942, ch. 811, § 7, 56 Stat. 1079).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title.

§ 3503. Duties of Director of the Bureau of the Budget. With a view to carrying out the policy of this chapter, the Director of the Bureau of the Budget from time to time shall

(1) investigate the needs of the various Federal agencies for information from business enterprises, from other persons, and from other Federal agencies;

(2) investigate the methods used by agencies in obtaining information; and

(3) coordinate as rapidly as possible the information-collecting services of all agencies with a view to reducing the cost to the Government of obtaining information and minimizing the burden upon business enterprises and other persons, and using, as far as practicable, for continuing organization, files of information and existing facilities of the established Federal agencies.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1303.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed.. Supp. II, § 422 (a) (Dec. 24, 1942, ch. 811, § 3(a), 56 Stat. 1078).

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1973, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title.

§ 3504. Designation of central collection agency.

When, after investigation, the Director of the Bureau of the Budget is of the opinion that the needs of two or more Federal agencies for information from business enterprises and other persons will be adequately served by a single collecting agency, he shall fix a time and place for a hearing at which the agencies concerned and other interested persons may have an opportunity to present their views. After the hearing, the Director may issue an order designating a collecting agency to obtain information for two or more of the agencies concerned, and prescribing (with reference to the collection of information) the duties and functions of the collecting agency so designated and the Federal agencies for which it is to act as agent. The Director may modify the order from time to time as circumstances require, but modification may not be made except after investigation and hearing. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1303.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, § 422(b) (Dec. 24, 1942, ch. 811, § 3(b), 56 Stat. 1078).

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title.

§ 3505. Independent collection by an agency prohibited. While an order or modified order is in effect, a Federal agency covered by it may not obtain for itself information which it is the duty of the collecting agency designated by the order to obtain. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1303.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, § 422 (c) (Dec. 24, 1942, ch. 811, § 3(c), 56 Stat. 1078).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title.

§ 3506. Determination of necessity for information; hearing.

Upon the request of a party having a substantial interest, or upon his own motion, the Director of the Bureau of the Budget may determine whether or not the collection of information by a Federal agency is necessary for the proper performance of the functions of the agency or for any other proper purpose. Before making a determination, he 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 the collection of information by the agency is unnecessary, for any reason, the agency may not engage in the collection of the information. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1303.)

HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed.. Supp. II, § 422(d) (Dec. 24, 1942, ch. 811, § 3(d), 56 Stat. 1078).

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget. Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3510 of this title.

§ 3507. Cooperation of agencies in making information available.

For the purposes of this chapter, the Director of the Bureau of the Budget may require a Federal agency to make available to another Federal agency

information obtained from any person after December 24, 1942, and all agencies are directed to cooperate to the fullest practicable extent at all times in making information available to other agencies.

This chapter does not apply to the obtaining or releasing of information by the Internal Revenue Service, the Comptroller of the Currency, the Bureau of the Public Debt, the Bureau of Accounts, and the Division of Foreign Funds Control of the Treasury Department, nor to the obtaining by a Federal bank supervisory agency of reports and information from banks as authorized by law and in the proper performance of the agency's functions in its supervisory capacity. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1304.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, § 422 (e) (Dec. 24, 1942, ch. 811, § 3 (e), 56 Stat. 1078).

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title. § 3508. Unlawful disclosure of information; penalties; release of information to other agencies.

(a) If information obtained in confidence by a Federal agency is released by that agency to another Federal agency, all the provisions of law including penalties which 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. 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.

(b) Information obtained by a Federal agency from a person under this chapter may be released to another Federal agency only

(1) in the form of statistical totals or summaries; or

(2) if the information as supplied by persons to a Federal agency had not, at the time of collection, been declared by that agency or by a superior authority to be confidential; or

(3) when the persons supplying the information consent to the release of it to a second agency by the agency to which the information was originally supplied; or

(4) when the Federal agency to which another Federal agency releases the information has authority to collect the information itself and the

authority is supported by legal provision for criminal penalties against persons failing to supply the information.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1304.) HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, § 423 (Dec. 24, 1942, ch. 811, § 4, 56 Stat. 1079).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title. § 3509. Plans or forms for collecting information; submission to Director; approval.

A Federal agency may not conduct or sponsor the collection of information upon identical items, from ten or more persons, other than Federal employees, unless, in advance of adoption or revision of any plans or forms to be used in the collection

(1) the agency has submitted to the Director the plans or forms, together with copies of pertinent regulations and of other related materials as the Director of the Bureau of the Budget has specified; and

(2) the Director has stated that he does not disapprove the proposed collection of information. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1304.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, § 424 (Dec. 24, 1942, ch. 811, § 5, 56 Stat. 1079).

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3510 of this title. 3510. Rules and regulations.

The Director of the Bureau of the Budget may promulgate rules and regulations necessary to carry out sections 3501-3511 of this title. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305.)

HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., Supp. II, § 425 (Dec. 24, 1942, ch. 811, § 6, 56 Stat. 1079).

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

§ 3511. Penalty for failure to furnish information.

A person failing to furnish information required by an agency shall be subject to penalties specifically prescribed by law, and no other penalty may be

imposed either by way of fine or imprisonment or by the withdrawal or denial of a right, privilege, priority, allotment, or immunity, except when the right, privilege, priority, allotment, or immunity is legally conditioned on facts which would be revealed by the information requested. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305.)

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Supp. II, § 427 (Dec. 24, 1942, ch. 811, § 8, 56 Stat. 1080).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3510 of this title.

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., § 321 (R.S. § 79; June 20, 1874, ch. 328, 18 Stat. 90; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317; July 31, 1876, ch. 246, 19 Stat. 105; Aug. 2, 1946, ch. 744, § 17(b), 60 Stat. 811; 1950 Reorg. Plan No. 20, § 2(b), eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272).

CROSS REFERENCES

Procurement procedures, advertising requirements, see section 253 of Title 41, Public Contracts.

Quality of quantities of paper for public printing, advertisements for proposals, see section 509 of this title. Specifications in advertisements for paper, see section 510 of this title.

§ 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., § 324 (R.S. § 3828). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 302; title 26 section 2126.

§ 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., §§ 322, 325 (R.S. § 853; June 20, 1878, ch. 359, § 1, 20 Stat. 216; Sept. 23, 1950, ch. 1010, § 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.