U.S. Code » Title 44 » Chapter CHAPTER 33— DISPOSAL OF RECORDS

44 U.S.C. § 3303

Lists and schedules of records to be submitted to the Archivist by head of each Government agency

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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, microphotographed, or digitized 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, § 107(b)(23), (25)(A), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 5(c), Nov. 26, 2014, 128 Stat. 2010.)Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 368 (July 7, 1943, ch. 192, § 3, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).

Editorial NotesAmendments

2014—Par. (1). Pub. L. 113–187 substituted “photographed, microphotographed, or digitized” for “photographed or microphotographed”.

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.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1980–2023 · leading case: Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980).
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Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980). · cites it 6× “The lower courts premised this exercise of jurisdiction on their findings that the papers were "agency records" and that they had been wrongfully removed from State Department custody in violation *147 of the Federal Records Disposal Act, 44 U. S. C. § 3303 . We need not, and do…”
Am. Friends Serv. Comm. v. William H. Webster, Dir., Fed. Bureau of Investigation, (Three Cases), 720 F.2d 29 (D.C. Cir. 1983). · cites it 3× “First, the government argues that when Congress created the records disposal standard of 44 U.S.C. §§ 3303 , 3303a in 1943, it only restated more clearly the prior standard, which referred to records of “permanent value or historical interest to the Federal Government.”
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 241 F. Supp. 3d 14 (D.D.C. 2017). · cites it 2× “44 U.S.C. § 3303 ; 36 C.F.R. § 1225.10 . In order to efficiently manage the disposition process, agencies may create records schedules, which must be approved by the NARA, to govern recurring types of records.”
Scott Armstrong, Appellees/cross-Appellants v. Exec. Off. of the President, Appellants/cross-Appellees, 90 F.3d 553 (D.C. Cir. 1996). · cites it 2× “44 U.S.C. §§ 3303 , 3303a; see also 44 U.”
Citizens for Responsibility & Ethics v. United States Dep't of Homeland Sec., 527 F. Supp. 2d 101 (D.D.C. 2007). “at 1279; 44 U.S.C. § 3303 . If the Archivist agrees that the records do not “have sufficient administrative, legal, research, or other value to warrant their continued preservation,” the Archivist may, after providing an opportunity for notice and comment, “empower the agency to…”
Citizens for Responsibility & Ethics in Washington v. Exec. Off. of the President, 587 F. Supp. 2d 48 (D.D.C. 2008). “; see also 44 U.S.C. § 3303 . To receive this approval, an agency “may submit a schedule of records sought to be discarded to the Archivist, who will sign off on the records’ destruction only if she concludes that they do not ‘have sufficient administrative, legal, research, or…”
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 82 F. Supp. 3d 228 (D.D.C. 2015). · cites it 2× “44 U.S.C. § 3303 ; 36 C.F.R. § 1225.10 . In order to efficiently manage the disposition process, agencies may create records schedules, which must be approved by the NARA, to govern recurring types of records.”
Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Homeland Sec. (D.D.C. 2020). · cites it 2× “3d at 27 (citing 44 U.S.C. §§ 3303 , 3303a). The FRA also delineates a process for “the recurring disposal of certain categories of records.”
Smith ex rel. Smith v. Nixon, 807 F.2d 197 (D.C. Cir. 1986). “4 IV Plaintiffs also appeal that part of the District Court’s judgment on equitable relief affording the FBI an opportunity to evaluate whether the wiretap summary logs have sufficient “historical” or “research” value, see 44 U.S.C. §§ 3303 -3303a (1982), to “warrant their…”
Bioscience Advisors, Inc. v. United States Sec. & Exch. Comm'n (N.D. Cal. 2022). “(quoting 44 U.S.C. § 3303 (2)). These plans 20 can include “schedules proposing the disposal” of records that lose their “administrative, legal, 21 research, or other value” over time and do not qualify for permanent retention.”
Bioscience Advisors, Inc. v. United States Sec. & Exch. Comm'n (N.D. Cal. 2023). “44 U.S.C. § 3303 (3). After 25 preparing a proposed schedule, the agency head then submits the schedule to the Archivist for 26 approval.”
Modern Tech. Corp. v. United States, 44 Fed. Cl. 319 (Fed. Cl. 1998). “44 U.S.C. § 3303 . Records pertaining to claims and demands by or against the Government may not be disposed of by the head of an agency until the claims and accounts have been settled and adjusted in the GAO, except on written approval of the Comptroller General.”
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