44 § 3303a PUBLIC PRINTING AND DOCUMENTS § 33038. Examination by Administrator of General Services of lists and schedules of records lacking preservation value; disposal of records (a) The Administrator of General Services shall examine the lists and schedules submitted to him under section 3303 of this title. If the Administrator 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— (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 Administrator under section 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. 320. Legislative History. For legislative his- 1970 U.S.Code Cong. and Adm. News, p. tory and purpose of Pub. L. 91-287, see 3287. §§ 3304 to 3307. Repealed. Pub.L. 91–287, § 2(c) (1)–(4), June 23, 1970, 84 Stat. 321, 322 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 preser vation 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 notifi cation 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 3301 of this title being covered by subsecs. (e) and (d) of section 3303a of this title, respectively. PUBLIC PRINTING AND DOCUMENTS 44 § 3502 § 3308. Disposal of similar records where prior disposal was au thorized 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 accordance with regulations promulgated under section 3302 of this title and without listing or scheduling them. As amended Pub. L. 91-287, § 2(a), June 23, 1970, 84 Stat. 321. 1970 Amendment. Pub. L. 91-287 struck Legislative History. For legislative hisout "by Congress" following "authorized". tory and purpose of Pub. L. 91-287, see 1970 U.S.Code Cong. and Adm.News, p. 3297. § 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. As amended Pub. L. 91-287, § 2(b), June 23, 1970, 84 Stat. 321. 1970 Amendment. Pub. L. 91-287 substituted "under this chapter" for "under sections 3306-3308 of this title". Legislative History. For legislative history and purpose of Pub. L. 91-287, see 1970 U.S.Code Cong. and Adm.News, p. 3297. Sec. CHAPTER 35.-COORDINATION OF FEDERAL REPORTING SERVICES [3512. Information for independent regu latory agencies] 1 1 Item 3512 has been editorially inserted. Section 3512 was enacted by Pub. L. 93-153 without a concurrent insertion into the chapter analysis. "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, independent Federal regulatory agencies, 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 44 § 3502 PUBLIC PRINTING AND DOCUMENTS are to be used for statistical compilations of general public interest. As amended Pub. L. 93-153, Title IV, § 409 (a), Nov. 16, 1973, 87 Stat. 593. 1973 Amendment. Pub. L. 93-153 inserted "independent Federal regulatory agencies." following "General Accounting Office" in the definition of "Federal agen Legislative History. For legislative history and purpose of Pub. L. 93-153, see 1973 U.S.Code Cong. and Adm.News, p. §§ 3503, 3504, 3506, 3507, 3509, 3510 Office of Management and Budget. The Bureau of the Budget was designated as the Office of Management and Budget and 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. Records, property, personnel, and funds of the Bureau of the Budget were transferred to the Office of Management and Budget. See Part I of Reorganization Plan 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees. § 3512. Information for independent regulatory agencies (a) The Comptroller General of the United States shall review the collection of information required by independent Federal regulatory agencies described in section 3502 of this chapter to assure that information required by such agencies is obtained with a minimum burden upon business enterprises, especially small business enterprises, and other persons required to furnish the information. Unnecessary duplication of efforts in obtaining information already filed with other Federal agencies or departments through the use of reports, questionnaires, and other methods shall be eliminated as rapidly as practicable. Information collected and tabulated by an independent regulatory 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. (b) In carrying out the policy of this section, the Comptroller General shall review all existing information gathering practices of independent regulatory agencies as well as requests for additional information with a view toward— (1) avoiding duplication of effort by independent regulatory agencies, and (2) minimizing the compliance burden on business enterprises and other persons. (c) In complying with this section, an independent regulatory agency shall not conduct or sponsor the collection of information upon an identical item 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 submitted to the Comptroller General the plans or forms, together with the copies of pertinent regulations and of other related materials as the Comptroller General has specified; and (2) the Comptroller General has advised that the information is not presently available to the independent agency from another source within the Federal Government and has determined that the proposed plans or forms are consistent with the provision of this section. The Comptroller General shall maintain facilities for carrying out the purposes of this section and shall render such advice to the requestive independent regulatory agency within forty-five days. (d) While the Comptroller General shall determine the availability from other Federal sources of the information sought and the appropriateness of the forms for the collection of such information, the independent regulatory agency shall make the final determination as to the necessity of the information in carrying out its statutory respon PUBLIC PRINTING AND DOCUMENTS 44 § 3512 sibilities and whether to collect such information. If no advice is received from the Comptroller General within forty-five days, the independent regulatory agency may immediately proceed to obtain such information. (e) Section 3508(a) of this chapter dealing with unlawful disclosure of information shall apply to the use of information by independent regulatory agencies. (f) The Comptroller General may promulgate rules and regulations necessary to carry out this chapter. Added Pub. L. 93-153, Title IV, § 409 (b), Nov. 16, 1973, 87 Stat. 593. Legislative History. For legislative 1973 U.S.Code Cong. and Adm.News. p. history and purpose of Pub. L. 93-153, see INDEX CONSULT GENERAL INDEX POCKET PART t [ 345 U.S. 41 (1953)] Syllabus. UNITED STATES v. RUMELY. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 57. Argued December 11-12, 1952-Decided March 9, 1953. Respondent was secretary of an organization which, among other things, engaged in the sale of books of a political nature. He refused to disclose to a committee of Congress the names of those who made bulk purchases of these books for further distribution, and was convicted under R. S. § 102, as amended, which provides penalties for refusal to give testimony or to produce relevant papers "upon any matter" under congressional inquiry. Under the resolution empowering it to function, the Committee was "authorized and directed to conduct a study and investigation of (1) ali lobbying activities intended to influence, encourage, promote, or retard legislation; and (2) all activities of agencies of the Federal Government intended to influence, encourage, promote, or retard legislation." Held: The Committee was without power to exact the information sought from respondent. Pp. 42-48. (a) To construc the resolution as authorizing the Committee to inquire into all efforts of private individuals to influence public opinion through books and periodicals, however remote the radiations of influence which they may exert upon the ultimate legislative process, would raise doubts of constitutionality in view of the prohibition of the First Amendment. P. 46. (b) The phrase "lobbying activities" in the resolution is to be construed as lobbying in the commonly accepted sense of "representations made directly to the Congress, its members, or its committees"; and not as extending to attempts "to saturate the thinking of the community." P. 47. (c) The scope of the resolution defining respondent's duty to answer must be ascertained as of the time of his refusal and cannot be enlarged by subsequent action of Congress. Pp. 47-48. 90 U. S. App. D. C. 382, 197 F. 2d 166, affirmed. Respondent was convicted under R. S. § 102, as amended, 2 U. S. C. § 192, for refusal to give certain information to a congressional committee. The Court of 37-583 74 pt. 2 16 |