after the lapse of the period specified have sufficient administrative, legal, research, or other value to warrant their further preservation by the Government. § 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. § 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. § 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. § 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. § 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. § 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. § 3313. Moneys from sale of records payable into the Treasury Money 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. § 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. (b) Definitions. In this section [of this note], 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 [of this note], 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 [of this note]. (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) [of this note], on compliance of that agency with the policies issued under paragraph (2)(A). after (e) Public access to electronic information.(1) Committee functions.-Not later than 2 years 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 [44 U.S.C.A. §§ 2101 et seq., 2501 et seq., 2701 et seq., 2901 et seq., and 3101 et seq.], 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 [44 U.S.C.A. §§ 2101 et seq., 2501 et seq., 2701 et seq., 2901 et seq., and 3101 et seq.], 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) [of this note], 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 [Pub.L. 107347, Title II, §§ 201 to 216, Dec. 17, 2002, 116 Stat. 2910; see Tables for complete classification], 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; (iii) tools to aggregate and disaggregate data; and (A) Not later than 2 years after the date of enactment (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) [of this note]. (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 [Pub.L. 107-347, Title II, §§ 201 to 216, Dec. 17, 2002, 116 Stat. 2910; see Tables for complete classification], 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 [of this note]. (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 Government wide 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. |