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. (1) the retention of which would be prejudicial to the interests of the United States or
2. (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.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1301; Pub. L. 98–497, title I, § 107(b)(23), (25)(C), Oct. 19, 1984, 98 Stat. 2290.)

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).

Editorial Notes

Amendments

1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” in section catchline and text.

Statutory Notes and Related Subsidiaries

Effective 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.