continue to be limited by such conditions. The provisions of this order shall not be deemed to require the transfer or other disposition of records or authorize access to records in contravention of law or of regulations of the National Archives Council.

6. Definitions.

(a) The term "agency" as used herein shall be deemed to mean any executive department or independent establishment, including any government corporation that is operated as an instrumentality of the Federal Government.

(b) The term "records" as used herein shall apply to 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 or organizational business and preserved or appropriate for preservation by that agency as evidence of or because of its informational value in relation to its organization, functions, policies, personnel, operations, decisions, procedures, financial transactions, and all other activities of an administrative, management, or program nature.

THE WHITE HOUSE.

September 25, 1946.

HARRY S. TRUMAN.

722191-47-5

APPENDIX III

REPORT OF THE SECRETARY OF THE NATIONAL ARCHIVES COUNCIL FOR THE FISCAL YEAR ENDING JUNE 30, 1946

The National Archives Council, created by an act approved June 19, 1934 (44 U. S. C. 300-300k), is "composed of the Secretaries of each of the executive departments of the Government (or an alternate from each department to be named by the Secretary thereof), the chairman of the Senate Committee on the Library, the chairman of the House Committee on the Library, the Librarian of Congress, the Secretary of the Smithsonian Institution, and the Archivist of the United States." During the year there were four changes in the membership of the Council, as follows: (1) Gerald Ryan, Administrative Officer, was designated by the Secretary of Commerce as his alternate to succeed Malcolm Kerlin; (2) Margaret B. Choppin, Treasury Archivist, was designated by the Secretary of the Treasury as his alternate to succeed Helen L. Chatfield; (3) Lt. Comdr. Herbert E. Angel, Director of Office Methods, was designated by the Secretary of the Navy as his alternate to succeed Lt. Comdr. Emmett J. Leahy; and (4) Floyd E. Dotson, Chief Clerk, was designated by the Secretary of the Interior as his alternate to succeed Wesley C. Clark.

At the close of the fiscal year the Council consisted of E. Wilder Spaulding, Chief of the Division of Research and Publication, alternate for the Secretary of State; Margaret B. Choppin, Treasury Archivist, alternate for the Secretary of the Treasury; Wayne C. Grover, Chief of the Records Management Section, Adjutant General's Office, alternate for the Secretary of War; W. O. Burtner, Office of the Assistant Solicitor General, alternate for the Attorney General; Roscoe E. Mague, General Superintendent, Office of the Chief Inspector, alternate for the Postmaster General; Commander Herbert E. Angel, Director of Office Methods, alternate for the Secretary of the Navy; Floyd E. Dotson, Chief Clerk, alternate for the Secretary of the Interior; Linwood E. Donaldson, Division of Communications, Office of Plant and Operations, alternate for the Secretary of Agriculture; Gerald Ryan, Administrative Officer, alternate for the Secretary of Commerce; James E. Dodson, Chief Clerk and Budget Officer, alternate for the Secretary of Labor; Alben W. Barkley, chairman of the Senate Committee on the Library; Donald L. O'Toole, chairman of the House Committee on the Library; Luther Evans, Librarian of Congress; Alexander Wetmore, Secretary of the Smithsonian Institution; and Solon J. Buck, Archivist of the United States, who serves as chairman.

The only meeting of the Council during the fiscal year was held on July 30, 1945. At this meeting the regulations of the Council adopted July 14, 1943, were amended in conformity with the act amending the Disposal Act, approved July 6, 1945 (59 Stat. 434). The regulations as amended were approved by the President on August 8, 1945, and were promulgated by the Council on August 15, 1945.' During the fiscal year the Council recommended to Congress that the records described in three general schedules reported to Congress by the Archivist be authorized for disposal as proposed. THAD PAGE.

'See appendix I for the text of the disposal act as amended and appendix IV for the text of the regulations.

APPENDIX IV

REGULATIONS OF THE NATIONAL ARCHIVES COUNCIL CONCERNING THE DISPOSAL OF RECORDS, PROMULGATED ON AUGUST 15, 1945

Whereas section 2 of “An act to provide for the disposal of certain records of the United States Government" approved July 7, 1943 (Public, No. 115, 78th Cong., 1st sess.), as amended by the act approved July 6, 1945 (Public, No. 133, 79th Cong., 1st sess.), requires that the National Archives Council promulgate regulations not inconsistent with the provisions of the said act, "establishing procedures for the compiling and submitting of lists and schedules of records proposed for disposal, procedures for the disposal of records authorized for disposal, and standards for the reproduction of records by photographic or microphotographic processes with a view to the disposal of the original records," which regulations, "when approved by the President, shall be binding on all agencies of the United States Government"; Therefore be it resolved, That the following regulations be promulgated:

I. All lists or schedules of records submitted to the Archivist of the United States in compliance with the provisions of section 3 of the above-mentioned act, shall be submitted on forms supplied or approved by the Archivist in the number of copies required by him and shall contain such information as may be called for by the said forms and by instructions issued by the Archivist. The said lists or schedules shall be accompanied by samples of the several items proposed therein for disposal unless the Archivist shall have waived this requirement.

II. Whenever any records shall have been authorized for disposal in accordance with the provisions of sections 6, 7, or 8 of the above-mentioned act and whenever any records of types that have been proposed for disposal in schedules approved in accordance with the provisions of section 6 of the said act have been in existence for the periods specified in such schedules, the agency or agencies having the custody of such records shall, subject to the proviso in section 6 and the provisions of section 9 of the said act, (a) cause the said records to be sold as waste paper: Provided, That, unless the said records shall have been treated in such a manner as to destroy their record content, any contract for sale of them shall prohibit their resale as records or documents; (b) cause them to be destroyed, if they cannot advantageously be sold or if, in the opinion of the head of the agency having custody of said records, destruction is necessary to avoid the disclosure of information that might be prejudicial to the interests of the Government or of individuals; or (c) cause them to be transferred, with the approval of the Archivist of the United States and without cost to the United States Government, to any government, organization, institution, corporation, or person that has made application for them.

III. The standards for the reproduction of records by photographic or microphotographic processes with a view to the disposal of the original records shall be as follows:

(a) The records shall be photographed in such order that the integrity of the files will be preserved.

(b) All photographic film or paper used and the processing thereof shall comply with the minimum standards approved by the National Bureau of Stand

ards for permanent photographic reproduction of records or for temporary photographic reproduction of records authorized for disposal after the lapse of a specified time.

(c) The reproductions shall be placed in conveniently accessible files and adequate provisions shall be made for preserving, examining, and using them.

I hereby certify that the above regulations were unanimously adopted by the National Archives Council on July 30, 1945.

Approved:

SOLON J. BUCK, Chairman.

HARRY S. TRUMAN, President of the United States. AUGUST 8, 1945.

By direction of the National Archives Council the promulgation of the above regulations is accomplished on August 15, 1945, by transmittal of copies thereof to the heads of all agencies of the United States Government.

THAD PAGE, Secretary of the Council.

APPENDIX V

REPORT OF THE NATIONAL ARCHIVES TRUST FUND BOARD FOR THE FISCAL YEAR ENDING JUNE 30, 1946

The National Archives Trust Fund Board was created by an act of July 9, 1941 (44 U. S. C. 300aa-300jj), which authorizes the Board "to accept, receive, hold, and administer such gifts or bequests of money, securities, or other personal property, for the benefit of or in connection with the National Archives, its collections, or its services, as may be approved by the Board."

The same act requires it to "submit to the Congress an annual report of the moneys, securities, and other personal property received and held by it and of its operations." The Board is composed of the Archivist of the United States, as chairman, the chairman of the House Committee on the Library, and the chairman of the Senate Committee on the Library. Throughout the year the members of the Board were Solon J. Buck, Representative Donald L. O'Toole, and Senator Alben W. Barkley.

At the beginning of the fiscal year the National Archives Trust Fund contained the sum of $28,166, the balance of a gift of $30,000 received from Mr. and Mrs. Hall Clovis, of Greenwich, Conn., for the purpose of transferring the Smithsonian-Densmore Collection of Indian sound recordings to a permanent base. For still another year this work had to be postponed because the materials and the personnel were not available. The balance in the fund on June 30, 1946, therefore remained $28,166.

SOLON J. BUCK, Chairman. 63