United States Code

The functions of the Archivist and the Director of the Division of the Federal Register were transferred to the Administrator of General Services by section 104 (a) of act June 30, 1949. However, the Archivist was to retain his chairmanship of the Committee by the provisions of section 104 (a), which is set out as section 391 (a) of this title.

The National Archives Establishment was transferred to the General Services Administration by section 104 (a) of act June 30, 1949.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

DELEGATION OF FUNCTIONS

For delegation of functions, vested in the President by subsection (a) of this section, to the Attorney General and Administrator of General Services, see section 6(a) of Ex. Ord. No. 10530, May 10, 1954, 19 F.R. 2709, set out as a note under section 301 of Title 3, The President.

§ 307. Filing document as constructive notice; publication in Register as presumption of validity; judicial notice; citation.

No document required under section 305 (a) of this title to be published in the Federal Register shall be valid as against any person who has not had actual knowledge thereof until the duplicate originals or certified copies of the document shall have been filled with the Division and a copy made available for public inspection as provided in section 302 of this title; and, unless otherwise specifically provided by statute, such filing of any document, required or authorized to be published under section 305 of this title, shall, except in cases where notice by publication is insufficient in law, be sufficient to give notice of the contents of such document to any person subject thereto or affected thereby. The publication in the Federal Register of any document shall create a rebuttable presumption (a) that it was duly issued, prescribed, or promulgated; (b) that it was duly filled with the Division and made available for public inspection at the day and hour stated in the printed notation; (c) that the copy contained in the Federal Register is a true copy of the original; and, (d) that all requirements of this chapter and the regulations prescribed hereunder relative to such 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. (July 26, 1935, ch. 417, § 7, 49 Stat. 502.)

TRANSFER OF FUNCTIONS

The functions of the Archivist and the Director of the Division of the Federal Register of the National Archives Establishment were transferred to the Administrator of General Services by section 104 (a) of act June 30, 1949, ch. 288, title I, 63 Stat. 381. Section 104 (a) is set out as section 391 (a) of this title.

The National Archives Establishment was transferred to the General Services Administration by section 104 (a) of act June 30, 1949.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 308. Publication in Register as notice of hearing. Whenever notice of hearing or of opportunity to be heard is required or authorized to be given by or under an Act of the Congress, or may otherwise

properly be given, the notice shall be deemed to have been duly 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, if said notice shall be published in the Federal Register at such time that the period between the publication and the date fixed in such notice for the hearing or for the termination of the opportunity to be heard shall be (a) not less than the time specifically prescribed for the publication of the notice by the appropriate Act of the Congress; or (b) not less than fifteen days when no time for publication is specifically prescribed by the Act, without prejudice, however, to the effectiveness of any notice of less than fifteen days where such shorter period is reasonable. (July 26, 1935, ch. 417, § 8, 49 Stat. 502; June 25, 1959, Pub. L. 86-70, § 34, 73 Stat. 149; July 12, 1960, Pub. L. 86-624, § 33, 74 Stat. 421.)

AMENDMENTS

1960-Pub. L. 86-624 substituted "States of the Union and the District of Columbia" for "continental United States (including Alaska)."

1959-Pub. L. 86-70 substituted "(including Alaska)" for "(not including Alaska).”

TRANSFER OF FUNCTIONS

The functions of the Archivist and the Director of the Division of the Federal Register of the National Archives Establishment were transferred to the Administrator of General Services by section 104 (a) of act June 30, 1949. ch. 288, title I, 63 Stat. 381. Section 104 (a) is set out as section 391 (a) of this title.

The National Archives Establishment was transferred to the General Services Administration by section 104 (a) of act June 30, 1949.

EFFECTIVE Date of TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 309. Cost of publication; appropriations authorized; franking privilege.

Every payment made for the Federal Register shall be covered into the Treasury as a miscellaneous receipt. The cost of printing, reprinting, wrapping, binding, and distributing the Federal Register and any other expenses incurred by the Government Printing Office in carrying out the duties placed upon it by this chapter shall be borne by the appropriations to the Government Printing Office and such appropriations are made available, and are authorized to be increased by such additional sums as are necessary for such purposes, such increases to be based upon estimates submitted by the Public Printer. The purposes for which appropriations are available and are authorized to be made under section 300j of this title are enlarged to cover the additional duties placed upon the National Archives Establishment by the provisions of this chapter. Copies of the Federal Register mailed by the Government shall be entitled to the free use of the United States mails in the same manner as the official mail of the executive departments of the Government. The cost of mailing the Federal Register to officers and employees of Federal agencies in foreign countries shall be borne by the respective agencies. (July 26, 1935, ch. 417, § 9, 49 Stat. 502.)

REFERENCES IN TEXT

Section 800] of this title, referred to in the text, was repealed by act June 30, 1949, ch. 288, title VI, § 602 (a) (32), renumbered and added by act Sept. 5, 1950, ch. 849, § 7 (a), 64 Stat. 590.

TRANSFER OF FUNCTIONS

The National Archives Establishment was transferred to the General Services Administration by section 104 (a) of act June 30, 1949.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

CROSS REFERENCES

Franking privilege of official mail of executive departments of the Government, see section 4151 et seq. of Title 39, The Postal Service.

§ 310. Effective date of section 302; time for publication of Register.

The provisions of section 302 of this title shall become effective sixty days after July 26, 1935, and the publication of the Federal Register shall begin within three business days thereafter: Provided, That the appropriations involved have been increased as required by section 309 of this title. The limitations upon the effectiveness of documents required, under section 305 (a) of this title, to be published in the Federal Register shall not be operative as to any document issued, prescribed, or promulgated prior to the date when such document is first required by this chapter or subsequent Act of the Congress or by Executive order to be published in the Federal Register. (July 26, 1935, ch. 417, § 10, 49 Stat. 503.)

TRANSFER OF FUNCTIONS

The National Archives Establishment was transferred to the General Services Administration by section 104 (a) of act June 30, 1949.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 310a. Same; availability of increased appropriation. The provisions of section 302 of this title shall become effective thirty days after appropriations to the Government Printing Office become available and the publication of the Federal Register shall begin within two business days thereafter. (Feb. 11, 1936, ch. 49, § 1, 49 Stat. 1110.)

CODIFICATION

Section was not enacted as a part of the Federal Register Act, which comprises this chapter.

TRANSFER OF FUNCTIONS

The National Archives Establishment was transferred to the General Services Administration by section 104 (8) of act June 30, 1949.

EFFECTIVE Date of TransFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 311. Federal Register annual supplements; style and composition; application to Code of Federal Regulations.

(a) The Administrative Committee of the Federal Register is authorized, with the approval of the President, to require, from time to time as it may deem 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 which have general applicability and legal effect, which have been issued or promulgated by such agency by publication in the Federal Register or by filing with the Committee, and which 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 force and in effect as to facts arising on or after such dates as may be specified by the Committee.

(b) Any codification published pursuant to subsection (a) of this section shall be printed and bound in permanent form and shall be designated as the "Code of Federal Regulations." The 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 such other aids to users as the Committee may require or authorize. A general index to the entire Code of Federal Regulations shall be separately printed and bound.

(c) The 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: Provided, That 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 pursuant to the provisions of this section, as amended by documents subsequently filled with the division and published in the daily issues of the Federal Register, shall be prima facie evidence of the text of such documents and of the fact that they are in full force and effect on and after the date of publication.

(f) The Administrative Committee of the Federal Register shall prescribe, with the approval of the President, regulations for carrying out the provisions of this section.

(g) Nothing in this section shall be construed to require codification of the text of Presidential documents published and periodically compiled in supplements to title 3 of the Code of Federal Regulations. (July 26, 1935, ch. 417, § 11, 49 Stat. 503; June 19, 1937, ch. 369, 50 Stat. 304; 1939 Reorg. Plan No. II, § 202, eff. July 1, 1939, 4 F.R. 2732, 53 Stat.

1435; Dec. 10, 1942, ch. 717, § 2, 56 Stat. 1045; June 30, 1949, ch. 288, title I, § 104(b), 63 Stat. 381; Aug. 5, 1953, ch. 333, 67 Stat. 388; Dec. 2, 1963, Pub. L. 88-190, § 1, 77 Stat. 343.)

AMENDMENTS

1963 Subsec. (b). Pub. L. 88-190, § 1(a), designated books published pursuant to subsec. (a) of this section as the "Code of Federal Regulations", directed the Committee to regulate binding according to usefulness and economical manufacture, required each book to have an explanation of coverage and such other aids as the Committee requires, and eliminated the requirements that each title, if practicable, constitute a separate book, that each book contain an index and a pocket for cumulative supplements, and that the general index have a pocket for cumulative supplements.

Subsec. (c). Pub. L. 88-190, § 1(a), substituted provisions directing the Committee to regulate supplementation and republication of the codification with a view to currency and to supplement or collate and republish each book at least once each calendar year, for provisions which required cumulative supplements to be published annually, to contain the full text of all changes and additions since the codification date still in effect, and which permitted the Committee to collate and republish individual books when it deemed necessary.

Subsec. (d). Pub. L. 88-190, § 1(a), substituted "Office of the Federal Register shall prepare and publish the codifications, supplements, collations, and indexes authorized by" for "Federal Register Division shall prepare, index, and publish the codifications and supplements thereto including the collations as authorized by subsection (c) of."

Subsec. (g). Pub. L. 88-190, § 1(b), substituted "Nothing in this section shall be construed to require codification of the text of Presidential documents published and periodically compiled in supplements to title 3 of the Code of Federal Regulations" for "The provisions of this section shall apply to the Code of Federal Regulations, 1949 Edition, authorized by and published pursuant to Executive Order No. 9930 of February 4, 1948."

1953-Act Aug. 5, 1953, generally made it possible to keep up to date the Federal Register by the issuance of annual cumulative supplements to the Federal Register in the form of pocket parts and to eliminate the necessity of bringing out a new edition every five years.

1949-Act June 30, 1949, changed name of "The Administrative Committee" to "The Administrative Committee of the Federal Register".

1942-Subsec. (a). Act Dec. 10, 1942, added "or on the same date of every fifth year thereafter" at end.

TRANSFER OF FUNCTIONS

The Administrative Committee was transferred to the General Services Administration and renamed the Administrative Committee of the Federal Register by section 104 (b) of act June 30, 1949. Section 104 (b) is set out as section 391 (b) of this title.

The National Archives Establishment was transferred to the General Services Administration by section 104 (a). Codification Board established by act June 19, 1937, was abolished, and its functions were transferred to National Archives, to be consolidated therein with functions of Division of Federal Register, and to be administered by such Division under direction and supervision of Archivist, by 1939 Reorg. Plan No. II, set out in note to section 133t of Title 5, Executive Departments and Government Officers and Employees. See, also, sections 401-404 of the plan for provisions relating to transfer of functions, records, property, personnel, and funds.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

DELEGATION OF FUNCTIONS

For delegation of functions, vested in the President by subsections (a) and (f) of this section, to the Attorney General and Administrator of General Services, see section 6(b) of Ex. Ord. No. 10530, May 10, 1954, 19 F. R. 2709, set out as a note under section 301 of Title 3, The President.

RETROACTIVE AND PROSPECTIVE APPLICATION

Section 2 of Pub. L. 88-190 provided that: "Section 11 of the Federal Register Act [this section], as amended by the first section of this Act [amending subsecs. (b)—(d), (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."

TERMINATION OF SUSPENSION OF SECTION

Provisions of first sentence of this section which were suspended for the duration of World War II by section 1 of act Dec. 10, 1942, ch. 717, 56 Stat. 1045, were revitalized by Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, which provided that in the interpretation of act Dec. 10, 1942, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. EX. ORD. No. 9930. PUBLICATION OF 1949 EDITION OF THE CODE OF FEDERAL REGULATIONS

Ex. Ord. No. 9930, Feb. 4, 1948, 13 F. R. 519, provided: WHEREAS the act of December 10, 1942, 56 Stat. 1045, suspended the provision of section 11 (a) of the Federal Register Act as amended by the act of June 19, 1937 (50 Stat. 304; 44 U. S. C. 311 (a)), requiring the quinquennial preparation and the filing with the Administrative Committee of the Federal Register of the codification of certain classes of documents "until such time after the termination of the present war as the Administrative Committee of the Federal Register shall determine"; and

WHEREAS section 3 of Public Law 239, 80th Congress, 1st session, approved July 25, 1947 [act July 25, 1947, ch. 327, § 3, 61 Stat. 451], provides that in the interpretation of the said act of December 10, 1942, the war shall be deemed to be terminated; and

WHEREAS on November 12, 1947, the suspension of the above-mentioned provision of section 11 (a) of the Federal Register Act as amended was formally terminated by the Administrative Committee of the Federal Register, effective December 31, 1948; and

WHEREAS the required codification of documents in force and effect on December 31, 1948, will, under present procedures, be on file with the Administrative Committee of the Federal Register on that date; and

WHEREAS section 11 (a) of the Federal Register Act as amended provides that the President may, after report thereon to him by the Administrative Committee, authorize and direct the publication of the codification required by that section in special or supplemental editions of the Federal Register; and

WHEREAS the Administrative Committee of the Federal Register has made an appropriate report to me with the recommendation that I authorize and direct the publication of the said codification of documents in force and effect on December 31, 1948; and

WHEREAS it is in the public interest and in the interest of efficient government that such codification be published:

NOW, THEREFORE, by virtue of the authority vested in me by section 11 (a) of the Federal Register Act, and as President of the United States, and subject to the appropriation by the Congress of funds therefor, the publication of the said codification as it is in force and effect on December 31, 1948, is hereby authorized and directed to be made in a special edition of the Federal Register dated January 1, 1949, and designated "Code of Federal Regulations, 1949 Edition."

All Federal agencies coming within the purview of the Federal Register Act are requested to cooperate with the Division of the Federal Register, the National Archives, in carrying out the purposes of this order.

This order shall be published in the Federal Register.

§ 311a. Publication of cumulative supplement to Code of Federal Regulations.

The publication of a cumulative supplement to the Code of Federal Regulations instead of a new codification, prepared under the supervision of the Division of the Federal Register pursuant to the provisions of subsections (c) and (d) of section 311 of this title, is authorized and required. (Dec. 10, 1942, ch. 717, § 1, 56 Stat. 1045.)

CODIFICATION

Section was from second sentence of section 1 of act Dec. 10, 1942.

TRANSFER OF FUNCTIONS

The National Archives Establishment was transferred to the General Services Administration by section 104 (a) of act June 30, 1949.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 312. International agreements excluded from provisions of chapter.

Nothing in this chapter shall be construed to apply to treaties, conventions, protocols, and other international agreements, or proclamations thereof by the President. (July 26, 1935, ch. 417, § 12. 49 Stat. 503.)

§ 321. Publication of laws discontinued; advertisements for contracts in District of Columbia. After March 4, 1875, the laws shall not be published in newspapers. In no case of advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such advertisement are to be furnished or performed in said District of Columbia or in the adjoining counties of Maryland or Virginia. (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.)

DERIVATION

Acts May 8, 1872, ch. 140, § 1, 17 Stat. 66; June 20, 1874, ch. 328, 18 Stat. 90; June 20, 1874, ch. 334, 18 Stat. 115; June 23, 1874, ch. 456, § 4, 18 Stat. 232; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 817.

CODIFICATION

Former provision of second sentence of this section that all executive proclamations, and all treaties required by law to be published, should be published in only one newspaper, the same to be printed and published in the District of Columbia and to be designated by the Secretary of State, was omitted in view of 1950 Reorg. Plan No. 20, set out in note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees, which abolished such prescribed duty of the Secretary of State.

AMENDMENTS

1946-Act Aug. 2, 1946, added "or in the adjoining counties of Maryland or Virginia".

§ 322. Rate of payment for advertisements, notices, and proposals.

All 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 whenever the public interest requires it. (June 20, 1878, ch. 359, § 1, 20 Stat. 216; Sept. 23, 1950, ch. 1010, § 5, 64 Stat. 986.)

AMENDMENTS

1950-Act Sept. 23, 1950, repealed provisions which required rates to be ascertained from sworn statements furnished by the proprietors or publishers of newspapers. § 323. Repealed. Aug. 2, 1946, ch. 744, § 17 (a), 60 Stat. 811.

Section, act Jan. 21, 1881, ch. 25, § 1, 21 Stat. 317, related to advertising in District of Columbia.

§ 324. No advertisement without authority.

No advertisement, notice, or proposal for any executive department of the Government, or for any bureau thereof, or for any office therewith connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such department; and no bill for any such advertising, or publication, shall be paid unless there be presented, with such bill, a copy of such written authority. (R. S. § 3828.) DERIVATION

Act July 15, 1870, ch. 292, § 2, 16 Stat. 308.

CROSS REFERENCES

Delegation to subordinate officials of authority to publish advertisements, see section 22a of Title 5, Executive Departments and Government Officers and Employees. § 325. Printers' fees

For publishing any notice, or order, required by law, or the lawful order of any court, department, bureau, or other person, in any newspaper, printers shall be allowed a fee of 40 cents per folio for the first insertion, and 20 cents per folio for each subsequent insertion. The compensation herein provided shall include the furnishing of lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making such publication. (R. S. § 853.)

DERIVATION

Act Feb. 26, 1853, ch. 80, 3, 10 Stat. 168.

CODIFICATION

In the original, words "except as mentioned in sections thirty-eight hundred and twenty-three, thirty-eight hundred and twenty-four, and thirty-eight hundred and twenty-five, Title, 'Public Printing, Advertisements, and Public Document,'", followed "newspaper,". Such sections 3823, 3824 and 3825 of the Revised Statutes were repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1431. CROSS REFERENCES

Rate charged for notices not to exceed the commercial rate charged to private individuals, with usual discounts, see section 322 of this title.

367.

368.

369.

370.

371.

372.

373.

374.

375.

376.

377.

378.

879.

380.

Regulations by National Archives Council covering lists of records for disposal, procedure for disposal, and standards for reproduction; approval by President.

Lists and schedules of records to be submitted to Administrator of General Services by head of each Government agency.

Lists and schedules of records lacking preservation value; submission to Congress by Administrator of General Services.

Same; examination by joint congressional committee and report to Congress. Same; disposal of records by head of Government agency upon notification by Administrator of General Services of action by joint congressional committee.

Same; disposal of records upon failure of joint congressional committee to act.

Same; disposal of similar records where prior disposal was authorized.

Preservation of claims of Government until settled in General Accounting Office; disposal authorized upon written approval of Comptroller General. Disposal of records constituting menace to health, life, or property; report of action by Administrator of General Services to agency. Destruction of records outside continental United States in time of war or when hostile action seems imminent; written report to Administrator of General Services.

Repealed.

Photographs or microphotographs of records considered as originals; certified reproductions admissible as evidence.

Moneys from sale of records as payable into the Treasury.

Procedures for disposal of records as exclusive.

§§ 351-356. Repealed. July 7, 1943, ch. 192, § 16, 57 Stat. 383.

Sections were from act Aug. 5, 1939, ch. 481, §§ 1-6, 53 Stat. 1219, 1220 and related to disposition of records without permanent value or historical interest. Section 356 was amended by act Mar. 13, 1942, ch. 179. 56 Stat. 170.

§ 357. Repealed. Mar. 13, 1942, ch. 179, 56 Stat. 170. Section was from act Aug. 5, 1939, ch. 481, § 7, 53 Stat. 1220 and related to summarizing reports of agency heads. Section 8 of that act was renumbered 7 thereof by the repealing act of Mar. 13, 1942, ch. 179, 56 Stat. 171, and constituted former section 358 of this title.

88 358-363. Repealed. July 7, 1943, ch. 192, § 16, 57 Stat. 383.

Sections 358-361 were from act Aug. 5, 1939, ch. 481, §§ 7-10, 53 Stat. 1220, 1221, and related to disposition of records. Sections 7-10 of act Aug. 5, 1939, were so renumbered by act Mar. 13, 1942, ch. 179, 56 Stat. 171.

Sections 362, 363 were from act Sept. 24, 1940, ch. 727, §§ 1, 2, 54 Stat. 958, 959.

$$ 364, 365. Repealed. Oct. 25, 1951, ch. 562, §1 (27), (28), 65 Stat. 639.

Section 364, act June 27, 1942, ch. 450, § 1, 56 Stat. 411, which related to disposal of redeemed food stamps issued by Surplus Marketing Administration, is now covered by sections 366-376 and 378-380 of this title. Similar provisions were contained in act Apr. 5, 1941, ch. 40, § 1, 55 Stat. 112, which was repealed by section 1 (26) of act Oct. 25, 1951, ch. 562, § 1 (26), 65 Stat. 639.

Section 365, act Oct. 26, 1942, ch. 629, title II, 56 Stat. 1000, which related to disposition of redeemed, canceled, or spoiled Defense or War Savings stamps, is now covered by sections 366-376 and 378-380 of this title.

§ 366. Definition of records.

When used in sections 366-376 and 378-380 of this title, the word "records" includes all books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by any agency of the United States Government in pursuance of 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 contained therein. 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 within the definition of the word "records" as used in sections 366-376 and 378-380 of this title. (July 7, 1943, ch. 192, § 1, 57 Stat. 380.) REPEAL OF LAWS INCONSISTENT WITH SECTIONS 366-380 In addition to repealing former sections 351-356, 358— 363 of this title, section 16 of act July 7, 1943, provided: "All other Acts or parts of Acts inconsistent with the provisions of this Act [sections 366-376 and 378-380 of this title] are hereby repealed."

§ 367. Regulations by National Archives Council covering lists of records for disposal, procedure for disposal, and standards for reproduction; approval by President.

The National Archives Council shall promulgate regulations, not inconsistent with sections 366-376 and 378-380 of this title, establishing (1) procedures for the compiling and submitting to the Administrator of General Services 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. Such regulations, when approved by the President, shall be binding on all agencies of the United States Government. (July 7, 1943, ch. 192, § 2, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381.)

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United States Code, Volume 9