PUBLIC LAW 754 - 81ST CONGRESS CHAPTER 849-2ND SESSION AN ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-00433A000100160002-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 12, 2016
• Document Release Date: October 5, 2001
• Sequence Number: 2
• Content Type: OPEN

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PUBLIC LAW 754-S1ST CONGRESS]
[CHAPTER 849-21) SESSION
[S. 3959]
AN ACT
To amend the Federal Property and Administrative Services Act of 1949, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the paren-
thetical expression appearing in clause (1) of the final sentence of
subsection (a) of section 109 of the Federal Property and Administra-
tive Services Act of 1949 (Public Law 152, Eighty-first Congress) is
amended to read as follows :
"(including the purchase. from or through the Public Printer, for
warehouse issue, of standard forms, blankbook work, standard speci-
fications, and other printed material in common use by Federal agen-
cies not available through the Superintendent of Documents)."
SEC. 2. (a) Clause (2) of the final sentence of subsection (a) of
section 109 of the Federal Property and Administrative Services Act
of 1949, as hereinbefore amended, is amended to read as follows: "(2)
for paying the purchase price, transportation to first storage point of
supplies and services, and the cost of personal services employed
directly in the repair, rehabilitation, and conversion of personal
property."
(b) The third sentence of subsection (b) of section 109 of such Act
is amended to read as follows : "On and after such date, such prices
shall be fixed at levels so as to recover so far as practicable the
applicable purchase price, the transportation cost to first storage point,
inventory losses, the cost of personal services employed directly in the
repair, rehabilitation, and conversion of personal property, and the
cost of amortization and repair of equipment utilized for lease or rent
to executive agencies."
(c) The amendments made by this section shall be effective on the
date, not earlier than July 1, 1950, on which the Administrator of
General Services shall determine that appropriated funds adequate
to effectuate the purposes of such amendments have been made
available.
SEC. 3. (a) The final sentence of subsection (b) of section 109 of
the Federal Property and Administrative Services Act of 1949 is
amended to read as follows : "Where an advance of funds is not
t made, the General Services Administration shall be reimbursed
promptly out of funds of the requisitioning agency in accordance
yyvvith accounting procedures approved by the Comptroller General:
Trovided, That in any case where payment shall not have been made
by the requisitioning agency within forty-five days after the date of
billing by the Administrator or the date on which an actual liability
for supplies or services is incurred by the Administrator, whichever
is the later, reimbursement may be obtained by the Administrator by
e
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the issuance of transfer and counterwarrants, or other lawful transfer
documents, supported by itemized invoices."
(b) Section 109 of the Federal Property and Administrative Serv-
ices Act of 1949 is amended by adding at the end thereof the following
new subsection:
"(g) Whenever any producer or vendor shall tender any article or
commodity for sale to the General Services Administration or to any
procurement authority acting under the direction and control of the
Administrator pursuant to this Act, the Administrator is authorized
in his discretion, with the consent of such producer or vendor, to
cause to be conducted, in such manner as the Administrator shall
specify, such tests as he shall prescribe to determine whether such
article or commodity conforms to prescribed specifications and stand-
ards. When the Administrator determines that the making of such
tests will serve predominantly the interest of such producer or vendor,
he shall charge such producer or vendor a fee which shall be fixed
by the Administrator in such amount as will recover the cost of con-
ducting such tests, including all components of such cost, determined
in accordance with accepted accounting principles. When the Admin-
istrator determines that the making of such tests will not serve pre-
dominantly the interest of such producer or vendor, he shall charge
such producer or vendor such fee as he shall determine to be reason-
able for the furnishing of such testing service. All such fees collected
by the Administrator may be deposited in the General Supply Fund
to be used for any purpose authorized by subsection 109 (a) of this
Act."
Suo. 4. Paragraphs (1) and (2) of section 203 (j) of the Federal
Property and Administrative Services Act of 1949 are amended to
read as follows :
"(1) Under such regulations as he may prescribe, the Adminis-
trator is authorized in his discretion to donate for educational pur-
poses or public health purposes, including research, in the States,
Territories, and possessions without cost (except for costs of care and
handling) such equipment, materials, books, or other supplies under
the control of any executive agency as shall have been determined to
be surplus property and which shall have been determined under
paragraph (2) or paragraph (3) of this subsection to be usable and
necessary for educational purposes or public health purposes, includ-
ing research.
"(2) Determination whether such surplus property (except surplus
property donated in conformity with paragraph (3) of this subsec-
tion) is usable and. necessary for educational purposes or public health
purposes, including research, shall be made by the Federal Security
Administrator, who shall allocate such property on the basis of needs
and utilization for transfer by the Administrator of General Services
to tax-supported medical institutions, hospitals, clinics, health centers, ti
school systems, schools, colleges, and universities, and to other non-
profit medical institutions, hospitals, clinics, health centers, schools,
colleges, and universities which have been held exempt from taxa-
tion' under section 101 (6) of the Internal Revenue Code, or to State
departments of education or health for distribution to such tax-
supported .and nonprofit medical institutions, hospitals, clinics, health
centers, school systems, schools, colleges, and universities; except that
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in any State where another agency is designated by State law for
such purpose such transfer shall be made to said agency for such
distribution within the State."
SEC. 5. The Federal Property and Administrative Services Act of
1949 is amended by-
(a.) redesignating section 210 thereof as section 212, and wher-
ever such section number appears in such Act as originally
enacted, it is amended to conform to the redesignation prescribed
by this subsection;
(b) inserting in the table of contents appearing in the first
section of such Act, immediately after the line in which "Sec. 209."
appears, the following:
"Sec. 210. Operation of buildings and related activities.
"See. 211. Motor vehicle identification."
(c) inserting, immediately after section 209 thereof, the follow-
ing new sections :
"OPERATION Or BUILDINGS AND RELATED ACTIVITIES
"SEC. 210. (a) Whenever and to the extent that the Administrator
has been or hereafter may be authorized by any. provision of law other
than this subsection to maintain, operate, and protect any building,
property, or grounds situated in or outside the District of Columbia,
including the construction, repair, preservation, demolition, furnish-
ing, and equipment thereof, he is authorized in the discharge of the
duties so conferred upon him-
"(1) to purchase, repair, and clean uniforms for civilian
employees of the General Services Administration who are
required by law or regulation to wear uniform clothing;
(2) to furnish arms and ammunition for the protection force
maintained by the General Services Administration;
"(3) to pay ground rent for buildings owned by the United
States or occupied by Federal agencies, and to pay such rent in
advance when required by law or when the Administrator shall
determine such action to be in the public interest;
"(4) to employ and pay personnel employed in connection with
the. functions of operation, maintenance, and protection of prop-
erty at such per diem rates as may be approved by the Admin-
istrator, not exceeding rates currently paid by private industry
for similar services in the place where such services are performed;
"(5) without regard to the provisions of section 322 of the Act
of June 30, 1932 (47 Stat. 412), as amended, to pay rental, and
to make repairs, alterations, and improvements under the terms
of any lease entered into by, or transferred to, the General Serv-
ices Administration for the housing of any Federal agency which
on June 30, 1950, was specifically exempted by law from the
requirements of said section;
"(6) to obtain payments, through advances or otherwise, for
services, space, quarters, maintenance, repair, or other facilities
furnished, on a reimbursable basis, to any other Federal agency,
or any mixed-ownership corporation (as defined in the Govern-
ment Corporation Control Act), or the District of Columbia, and
to credit such payments to the applicable appropriation of the
General Services Administration;
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"(7) to make changes in, maintain, and repair the pneumatic
tube system connecting buildings owned by, the United States or
occupied by Federal agencies in New York City installed under
franchise of the city of New York, approved June 29, 1909, and
June 11, 1928, and to make payments of any obligations arising
thereunder in accordance with the provisions of the Acts approved
August 5, 1909 (36 Stat. 120), and May 15,1928 (45 Stat. 533) ;
"(8) to repair, alter, and improve rented premises, without
regard to the 25 per centum limitation of section 322 of the Act
of June 30, 1932 (47 Stat. 412), as amended, upon a determination
by the Administrator that by- reason of circumstances set forth
in such determination the execution of such work, without refer-
ence to such limitation, is advantageous to the Government in
terms of economy, efficiency, or national security : Provided, That
such determination shall show that the total cost (rentals, repairs,
alterations, and improvements) t9 the Government for the
expected life of the lease shall be less than the cost of alternative
space which needs no such repairs, alterations, or improvements.
A copy of every such determination so made shall be furnished
to the General Accounting Office;
"(9) to pay sums in lieu of taxes on real property declared
surplus by Government corporations, pursuant to the Surplus
Property Act of 1944, where legal title to such property remains
in any such Government corporation;
"(10) to furnish utilities and other services where such utilities
and other services are not provided from other sources to persons,
firms, or corporations occupying or utilizing plants or portions of
pplants which constitute (A) a part of the National Industrial
Reserve pursuant to the National Industrial Reserve Act of 1948,
.or (B) surplus real property, and to credit the amounts received
therefrom to the applicable appropriation of the General Services
Administration ;
"(11) at the direction of the Secretary of Defense, to use pro-
ceeds received from insurance against damage to properties of the
National Industrial Reserve for repair or restoration of the dam-
aged properties; and
"(12) to acquire, by purchase, condemnation, or otherwise, real
estate and interests therein.
"(b) At the request of any Federal agency or any mixed-ownership
corporation (as defined in the Government Corporation Control Act),
or the District of Columbia, the Administrator is hereby authorized
to operate, maintain, and protect any building owned by the United
States (or, in the case of any wholly owned or mixed-ownership Gov-
ernment corporation, by such corporation) and occupied by the agency
or instrumentality making such request.
"(c) At the request of any Federal agency or any mixed-ownership
corporation (as defined in the Government Corporation Control Act),
or the District of Columbia, the Administrator is hereby authorized
(1) to acquire land for buildings and projects authorized by the
ongress; (2) to make or cause to be made, under contract or other-
wise, surveys and test borings and to prepare plans and specifications
for such buildings and projects prior to the approval by the Attorney
General of the title to the sites thereof; and (3) to contract for, and
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to supervise, the construction and development and the equipping
of such buildings or projects. Any sum available to any such Fed-
eral agency or instrumentality for any such building or project may
be transferred by such agency to the General Services Administration
in advance for such purposes as the Administrator shall determine
to be necessary, including the payment of salaries and expenses of
personnel engaged in the preparation of plans and specifications or
in field supervision, and for general office expenses to be incurred
in the rendition of any such service.
"(d) Whenever the Director of the Bureau of the Budget shall
determine such action to be in the interest of economy or efficiency, he
shall transfer to the Administrator all functions then vested in any
other Federal agency with respect to the operation, maintenance, and
custody of any office building owned by the United States or any
wholly owned Government corporation, or any office building or part
thereof occupied by any Federal agency under any lease, except that
no transfer shall be made under this subsection-
"(1) of any post-office building unless the Director shall first
determine that such building is not used predominantly for post-
office purposes, and functions which are transferred hereunder to
the Administrator with respect to any post-office building may be
delegated by him only to another officer or employee of the General
Services Administration or to the Postmaster General;
"(2) of any building located in any foreign country;
"(3) of any building located on the grounds of any fort, camp,
post, arsenal, navy yard, naval training station, airfield, proving
ground, military supply depot, or school, or of any similar facility
of the Department of Defense, unless and to such extent as a permit
for its use by another agency or agencies shall have been issued by
the Secretary of Defense or his duly authorized representative;
"(4) of any building which the Director of the Bureau of the
Budget finds to be a part of a group of buildings which are (A)
located in the same vicinity, (B) utilized wholly or predominantly
for the special purposes of the agency having custody thereof, and
(C) not generally suitable for the use of other agencies; or
"(5) of the Treasury Building, the Bureau of Engraving and
Printing Building, the buildings occupied by the National Bureau
of Standards, and the buildings under the jurisdiction of the
regents of the Smithsonian Institution.
"(e} Notwithstanding any other provision of law, the Adminis-
trator is authorized, in accordance with policies and directives pre.
scribed by the President under section 2'05 (a) and after consultation
with the heads of the executive agencies affected, to assign and reassign
space of all executive agencies in Government-owned and leased build-
ings in and outside the District of Columbia upon a determination by
the Administrator that such assignment or reassignment is advan-
tageous to the Government in terms of economy, efficiency, or national
security.
"MOTOR VEHICLE IDENTIFICATION
"SEC. 211. Under regulations prescribed by the Administrator,
every motor vehicle acquired and used for official purposes within the
United States, its Territories, or possessions, by any Federal agency
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[Pun. LAw 764.9
or the District of Columbia shall be conspicuously identified by
showing thereon either (a) the full name of the department, establish-
ment, corporation, or agency by which it is used and the service in
which it is used, or (b) a title descriptive of the service in which it is
used if such title readily identifies the department, establishment,
corporation, or agency concerned, and the legend `For official use
only' : Provided, That the regulations issued pursuant to this section
may provide for exemptions from the requirement of this section when
conspicuous identification would interfere with the purpose for which
a vehicle is acquired and used."
SEC. 6. The Federal Property and Administrative Services Act of
1949 is amended by-
(a) redesignatioog "title V" of such Act as "title VI" thereof,
and "title V' , wherever it appears therein, is amended to read
"title VI";
(b) redesignating sections 501-505, inclusive, of such Act,
respectively, as sections 601-605, inclusive, thereof, and wherever
any such section number appears in such Act as originally enacted,
it is amended to conform in numbering to the redesignation pre-
scribed by this subsection;
(c) inserting at the proper place in the table of contents to such
Act the following :
"Sec. 501. Short title.
"Sec. 502. Custody and control of property.
"Sec. 503. National historical Publications Commission.
"See. 504. Federal Records Council.
"Sec. 505. Records management ; the Administrator.
"Sec. 500. Records management ; agency heads.
"Sec. 507. Archival administration.
"Sec. 508. Reports.
"Sec. 509. Legal status of reproductions.
"Sec. 510. Limitation on liability.
"Sec. 511. Definitions."
(d) inserting, immediately following title IV thereof, the
following new title:
"TITLE V-FEDERAL RECORDS
94 SHORT TITLE
"SEC. 501. This title may be cited as the `Federal Records Act of
1950'.
"CUSTODY AND CONTROL OF PROPERTY
"SEC. 502. The Administrator shall have immediate custody and
control of the National Archives Building and its contents, and shall
have authority to design, construct, purchase, lease, maintain, operate,
protect, and improve buildings used by him for the storage of records
of Federal agencies in the District of Columbia and elsewhere.
"NATIONAL HISTORICAL PUBLICATIONS COMMISSION
"SEC. 503. (a) There is hereby created a National Historical Publi-
cations Commission consisting of the Archivist (or an alternate desig-
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[P LAW 784.1
nated by him), who shall be Chairman; the Librarian of Congress
(or an alternate designated by him) ; one Member of the United-States
Senate to be appointed, for a term of four years, by the President of
the Senate; one Member of the House of Representatives to be
appointed, for a term of two years, by the Speaker of the House of
Representatives; one representative of the judicial branch of the Gov-
ernment to be appointed, for a term of four years, by the Chief Justice
of the United States; one representative of the Department of State
to be appointed, for a term of four years, by the Secretary of State;
one representative of the Department of Defense to be appointed, for
a term of four years, by the Secretary of Defense; two members of the
American Historical Association to be appointed by the council of
the said association, one of whom shall serve an initial term of two
years and the other an initial term of three years, but their successors
shall be appointed for terms of four years; and two other members
outstanding 11 the fields of the social or physical sciences to be
appointed by the President of the United States, one of whom shall
serve an initial term of one year and the other an initial term of three
years but their successors shall be appointed for terms of four years.
The commission shall meet annually and on call of the Chairman.
"(b) Any person appointed to fill a vacancy in the membership of
the Commission shall be appointed only for the unexpired term of the
member whom he shall succeed, and his appointment shall be made in
the same manner in which the appointment of his predecessor was
made.
"(c) The Commission is authorized to appoint, without reference to
the Classification Act of 1949 (Public Law 429, 81st Congress, approved'
October 28, 194-9), an executive director and such editorial and clerical
staff as the Commission may determine to be necessary. Members of
the Commission who represent any branch or agency of the Govern-
ment shall serve as members of the Commission without additional
compensation.. All members of the Commission shall be reimbursed
for transportation expenses incurred in attending meetings of the'
Commission, and all such members other than those who represent any
branch or agency of the Government of the United States shall receive
in lieu of subsistence on route to or from or at the place of such service,
for each day actually spent in connection with the performance of their
duties as members of such Commission, such sum, not to exceed $25, as
the Commission shall prescribe.
"(d) The Commission shall make plans, estimates, and recommenda-
tions for such historical works and collections of, sources as it deems
appropriate for printing or otherwise recording at the public expense..
The Commission shall also cooperate with and encourage appropriate
Federal, State, and local-agencies and nongovernmental institutions;
societies, and individuals in collecting and preserving and, when it
deems such action to be desirable, in editing and publishing the papers
of outstanding citizens of the United States and such other documents
as may be important for an understanding and appreciation of the
history of the United States. The Chairman' of the Commission shall.
transmit to the Administrator from time to time, and at least once
annually, such. plans, estimates, and recommendations as have been
approved by the Commission.
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"SEC. 504. The Administrator shall establish a Federal Records
Council, and shall advise and consult with the Council with a view
to obtaining its advice and assistance in carrying out the purposes
of this title. The Council shall include representatives of the legisla-
tive, judicial, and executive branches of the Government in such num-
ber as the Administrator shall determine, but such Council shall
include at least four representatives of the legislative branch, at least
two representatives of the judicial branch, and at least six representa-
tives of the executive branch. Members of the Council representing
the legislative branch shall be designated, in equal number, by the
President of the Senate and the Speaker of the House of Representa-
tives, respectively. Members of the Council representing the judicial
branch shall be designated by the Chief Justice of the United States.
The Administrator is authorized to designate from persons named
by the head of any executive agency concerned, not more than one
representative from such agency to serve as a member of the Council.
Members of the Council shall serve without compensation, but shall
be reimbursed for all necessary expenses actually incurred in the
performance of their duties as members of the Council. The Council
shall elect a chairman from among its own membership, and shall
meet at least once annually.
"RECORDS MANAGEMENT; THE ADMINISTRATOR
"SEC. 505. (a) The Administrator shall make provisions for the
economical and efficient management of records of Federal agencies
(1) by analyzing, developing, promoting, and coordinating standards,
procedures, and techniques designed to improve the management of
records, to insure the maintenance and security of records deemed
appropriate,for preservation, and to facilitate the segregation and
disposal of records of temporary value, and (2) by promoting the
efficient and economical utilization of space, equipment, and supplies
needed for the purpose of creating maintaining, storing, and servicing
records.
"(b) The Administrator shall establish standards for the selective
retention of records of continuing value, and assist Federal agencies in
applying such standards to records in their custody; and lie shall notify
the head of any Federal agency of any actual., impending, or threat-
ened unlawful removal, defacing, alteration, or destruction of records
in the custody of such agency that shall come to his attention, and
assist the head of such agency in initiating action through the Attorney
General for the recovery of such records as shall have been unlawfully
removed and for such other redress as may be provided by law.
"(c) The Administrator is authorized to inspect or survey person-
ally or by deputy the records of any Federal agency, as well as to make
surveys of records management and records disposal practices in such
agencies, and shall be given the full cooperation of officials and
employees of agencies in such inspections and surveys : Provided,
That records, the use of which is restricted by or pursuant to law or
for reasons of national security or the public interest, shall be inspected
or surveyed in accordance with regulations promulgated by the Admin-
istrator, subject to the approval of the head of the custodial agency.
"(d) The Administrator is authorized to establish, maintain, and
operate records centers for the storage, processing, and servicing of
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9 (PVB. LAW 784.1
records for Federal agencies pending their deposit with the National
Archives of the United States or their disposition in any other manner
authorized-by law; and to establish, maintain, and operate centralized
microfilmii services for Federal agencies.
"(e) Subject to applicable provisions of law, the Administrator
shall promulgate regulations governing the transfer of records from
the custody of one executive agency to that of another.
"(f) The Administrator may empower any Federal agency, upon-
the submission of evidence of need therefor,* to retain records for a
longer period than that specified in disposal schedules approved by
Congress, and, in accordance with regulations promulgated by him,
may withdraw disposal authorizations covering records listed in dis-
posal schedules approved by Congress.
"RECORDS MANAGEMENT; AGENCY HEADS
"Snc. NO. (a) The head of each Federal agency shall cause to be
made and preserved records containing adequate and proper docu-
mentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to'
furnish the information necessary to protect the legal and financial
rights of the Government and of persons directly affected by the
agency's activities.
"(b) The head of each Federal agency. shall establish and maintain
an active, continuing program for the economical and efficient manage-
ment of the records of the agency. Such program shall, among other
things, provide for (1) effective-controls over the creation, inainte-
nance, and use of records in the conduct of current business; (2)
cooperation with the Administrator in applying standards, procedures,
and techniques designed to improve the management of records, pro-
mote the maintenance and security of records deemed appropriate for
preservation, and facilitate the segregation and disposal of records of
temporary value; and (3) compliance with the provisions of this
title and the regulations issued thereunder.
"(c) Whenever the head of a Federal agency determines that sub-
stantial economies or increased operating efciency,can be effected
thereby, he shall provide for the storage, processing, and servicing of
records that are appropriate therefor in a records center maintained
and operated by the Administrator or, when approved by the Admin-
istrator, in such a center maintained and operated by the head of such
Federal agency.
"(d) Any official of the Government who is authorized to certify
to facts on the basis of records in his custody, is hereby authorized to
certify to facts on the basis of records that have been transferred by
him or his predecessors to the Administrator.
"(e) The head of each Federal agency shall establish such safe-
guards against the removal or loss of records as he shall determine
to be necessary and as may be required by regulations of the Admin-
istrator. Such safeguards shall include making it known to all offi-
cials and employees of the, agency (1) that no records in the custody
of the agency are to be alienated or destroyed except in accordance
with the provisions of the Act approved July 7, 1943 (57 Stat. 380-
383), as amended July 6, 1945 (59 Stat. 434), and (2) the penalties
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provided by law for the unlawful removal or destruction of records.
"(f) The head of each Federal agency shall notify the Administra-
tor of any actual, impending, or threatened unlawful removal, defac-
ing, alteration, or destruction of records in the custody of the agency,
of which he is the head that shall come to his attention, and with
the assistance of the Administrator shall initiate action through the
Attorney General for the recovery of records he knows or has reason
to believe have been unlawfully removed from his agency, or from
any other Federal agency whose records have been transferred to his
legal custody.
"(g) Nothing in this title shall be construed as limiting the author-
ity of the Comptroller General of the United States with respect to
prescribing accounting systems, forms, and procedures, or lessening
the responsibility of collecting and disbursing officers for rendition
of their accounts for settlement by the General Accounting Office.
"SEC. 507. (a) The Administrator, whenever it appears to him to be
in the public interest, is hereby authorized-
"(1) to accept for deposit with the National Archives of the
United States the records of any Federal agency or of the Congress
of the United States that are determined by the Archivist to have
sufficient historical or other value to warrant their continued
preservation by the United States Government;
"(2) to direct and effect, with the approval of the head of the
originating agency (or if the existence of such agency shall have
been terminated, then with the approval of his successor in func-
tion, if any), the transfer of records. deposited (or approved for
deposit) with the National Archives of the United States to public
or educational institutions or associations : Provided, That the title
to such records shall remain -vested in the United States unless
otherwise authorized by Congress; and
"(3) to direct and effect the transfer of materials from private
sources authorized to be received by the Administrator by the
provisions of subsection (e) of this section.
"(b) The Administrator shall be responsible for the custody, use,
and withdrawal of records transferred to him : Provided, That when-
ever any records the use of which is subject to statutory limitations
and restrictions are so transferred, permissive and restrictive statutory
provisions with respect to the examination and use of such records
applicable to the head of the agency from which the records were
transferred or to employees of that agency shall thereafter likewise
be applicable to the Administrator, the Archivist, and to the employees
of. the General Services Administration, respectively : Provided fur-
ther, That whenever the head of any agency shall specify in writing
restrictions that appear to him to be necessary or desirable in the public
interest, on the use or examination of records being considered for
transfer from his custody to the Administrator, the Administrator
shall impose such restrictions on the records so transferred, and shall
not remove or relax such restrictions without the concurrence in writ-,
ing of the head of the agency from which the material shall have been
transferred (or if the existence of such agency shall have been tern
minated, then he shall not remove or relax such restrictions without
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the concurrence of the successor in function, if any, of such agency
head) : Provided, however, That statutory and other restrictions
referred to in the provisos of this subsection shall not remain in force
or effect after the records have been in existence for fifty years unless
the Administrator by order shall determine with respect to specific
bodies of records that such restrictions shall remain in force and
effect for a longer period: And provided further, That restrictions on
the use or examination of records deposited with the National Archives
of the United States heretofore imposed and now in force and effect
under the terms of section 3 of the National Archives Act, approved
June 19, 1934, shall continue in force and effect regardless of the
expiration of the tenure of office of the official who imposed them but
may be removed or relaxed by the Administrator with the concurrence
in writing of the head of the agency from which material has been
transferred (or if the existence of such agency shall have been ter-
minated, then with the concurrence in writing of his successor in
function, if any).
"(c) The Administrator shall make provisions for the preservation,
arrangement, repair and rehabilitation duplication and reproduction
(including microcopy publications), description, and exhibition of
records transferred to him as may be needful or appropriate, includ-
ing the preparation and publication of inventories, indexes, catalogs,
and other finding aids or guides facilitating their use; and, when
approved by the National Historical Publications Commission, he may
also publish such historical works and collections of sources as seem
appropriate for printing or otherwise recording at the public
expense.
"(d) The Administrator shall make such provisions and maintain
such facilities as he deems necessary or desirable for servicing records
in his custody that are not exempt from examination by statutory
provisions or other restrictions.
"(e) The Administrator may accept for deposit-
"(1) the personal papers and other personal historical docu
mentary materials of the present President of the United States,
his successors, heads of executive departments, and such other
officials of the Government as the President may designate, offered
for deposit under restrictions respecting their use specified in
writing by the prospective depositors : Provided, That restric-
tions so specified on such materials, or any portions thereof,
accepted by the Administrator for such deposit shall have force
and effect during the lifetime of the depositor or for a period
not to exceed twenty-five years, whichever is longer, unless sooner
terminated in writing by. the depositor or his legal heirs : And
.provided further, That the Archivist determines that the mate-
rials accepted for such deposit will have continuing historical or
other values;
"(2) motion-picture films, still pictures, and sound recordings
from private sources that are appropriate for preservation by
the Government as evidence of its organization, functions, poli-
cies, decisions, procedures, and transactions.
Title to materials so deposited under this subsection shall pass to and
vest in the United States.
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"(f) The Administrator is hereby authorized to make and preserve
motion-picture films, still pictures, and sound recordings pertaining to
and illustrative of the historical development of the United States
Government and its activities, and to make provisions for preparing,
editing, titling, scoring, processing, duplicating, reproducing, exhibit-
ing, and releasing for nonprofit educational purposes, motion-picture
films, still pictures, and sound recordings in his custody.
"REPORTS
" SEc. 508. (a) The Administrator is hereby authorized, whenever
he deems it necessary, to obtain reports from Federal agencies on their
activities under the provisions of this title and the Act approved July
7, 1943 (57 Stat. 380-383), as amended July 6, 1945 (59 Stat. 434).
"(b) The Administrator shall, whenever he finds that any provi-
sions of this title have been or are being violated, inform in writing
the head of the agency concerned of such violations and make recom-
mendations regarding means of correcting them. Unless corrective
measures satisfactory to the Administratqr are inaugurated within a
reasonable time, the Administrator shall submit a written report
thereon to the President and the Congress.
"LEGAL STATUS OF REPRODUCTIONS
"SEC. 509. (a) Whenever any records that are required by statute to
be retained indefinitely have been reproduced by photographic, micro-
photographic, or other processes, in accordance with standards estab-
lished by the Administrator, the indefinite retention of such photo-
graphic, microphotographic, or other reproductions will be deemed to
constitute compliance with the statutory requirement for the indefinite
retention of such original records. Such reproductions, as well as
reproductions made in compliance with regulations promulgated to
carry out this title, shall have the same legal status as the originals
thereof.
"(b) There shall be an official seal for the National. Archives of the
United States which shall be judicially noticed. When any copy or
reproduction, furnished under the terms hereof, is authenticated by
such official seal and certified by the Administrator, such copy or repro-
duction shall be admitted in evidence equally with the original from
which it was made.
"(c) The Administrator may charge. a, fee not in excess of 10 per
centum above the costs or expenses for making or authenticating copies
or reproductions of materials transferred to his custody. All such fees
shall be paid into, administered,, and expended as a part of the National
Archives Trust Fund provided for in section 5 of the Act approved
July 9, 1941. There shall be no charge for making or authenticating
copies or reproductions of such materials for official use by the United
States Government : Provided, That reimbursement may be accepted
to cover the cost of furnishing such copies or reproductions that could
not otherwise be furnished.
44 LIMITATION ON LIABILITY
"SEC. 510. With respect to letters and other intellectual productions
(exclusive of material copyrighted or patented) after they come into
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[PUB. Lew 754.1
the custody or possession of the Administrator, neither the United
States nor its agents shall be liable for any infringement of literary
property rights or analogous rights arising thereafter out of use of
such materials for display, inspection, research, reproduction, or other
purposes.
"SEo. 511. When used in this title-
"(a) The term `records' shall have the meaning given to such term
by section 1 of the Act entitled `An Act to provide for the disposal of
certain records of the United States Government', approved July 7,
1943 (57 Stat. 380, as amended; 44 U. S. C. 366) ;
"(b) The term `records center' means an establishment maintained
by the Administrator or by a Federal agency primarily for the stor-
age, servicing, security, and processing of records that must be pre-
served for varying periods of time and need not be retained in office
equipment and space;
"(c) The term 'servicing' means making available for use infor-
mation in records and other materials in the custody of the
Administrator-
"(1) by furnishing such records or other materials, or infor-
mation from such records or other materials, or copies or repro-
ductions thereof to agencies of the Government for official use
and to the public; and
"(2) by making and furnishing authenticated or unauthenti-
cated copies or reproductions of such records and other materials;
"(d) The term 'National Archives of the United States' means
those official records that have been determined by the Archivist to
have sufficient historical or other value to warrant their continued
preservation by the United States Government, and have been accepted
by the Administrator for deposit in his custody ;
"(e) The term `unauthenticated copies' means exact copies or repro-
ductions of records or other materials that are not certified as such
under seal and that need not be legally accepted as evidence; and
"(f) The term 'Archivist' means the Archivist of the United
States."
Sue. 7. The Federal Property and Administrative Services Act of
1949 is further amended by-
(a) striking out the word "and" preceding "'(2)" in subsection
(d) of section 3 thereof.; substituting a semicolon for the period
at the end of said subsection; and adding at the end of such
subsection the following: "and (3) records of the Federal
Government.";
(b) striking out, in section 208 (a) thereof, the expression "and
V", and inserting in lieu thereof the expression "V, and VI";
(c) striking out, in section 208 (b) thereof, the expression
and V", and inserting in lieu thereof the expression "V, and
VI";
(d) striking out the word "and" at the end of paragraph (30)
of section 602 (a) ; striking out the period at the end of paragraph
(31) of section 602 (a) and inserting in lieu thereof a semicolon;
and adding at the end of section 602 (a) the following new
paragraphs:
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"(32) the Act entitled `An Act to establish a National Archives
of the United States Government, and for other purposes',
approved June 19, 1934 (48 Stat. 1122-1124, as amended; 44
U. S. C. 300, 300a, 300e-k); and
"(33) section 4 of the Act of February 3, 1905 (33 Stat. 687,
as amended; 5- U. S. C. 77)."
(e) amending subsection 602 (b) and (c) thereof to read as
follows :
"(b) There are hereby superseded-
"(1) the provisions of the first, third, and fifth paragraphs of
section 1 of Executive Order Numbered 6166 of June 10, 1933,
insofar as they relate to any function now administered by the
Bureau of Federal Supply except functions with respect to stand-
ard contract forms; and
"(2) sections 2 and 4 of the Act entitled `An Act to provide for
the disposal of certain records of the United States Government',
approved July 7, 1943 (57 Stat. 381, as amended; 44 U. S. C. 367
and 369), to the extent that the provisions thereof are inconsistent
with the provisions of title V of this Act.
"(c) The authority conferred by this Act shall be in addition and
paramount to any authority conferred by any other law and shall not
be subject to the provisions of any law inconsistent herewith, except
that sections 205 (b) and 206 (c) of this Act shall not be applicable
to any Government corporation or agency which is subject to the
Government Corporation Control Act (59 Stat. 597; 31 U. S. C. 841)."
(f) amending paragraphs (17), (18), and (19) of section 602
(d) thereof to read as follows:
"(17) the Central Intelligence Agency;
"(18) the Joint Committee on Printing, under the Act entitled
`An Act providing for the public printing and binding and the
distribution of public documents' approved January 12, 1895 (28
Stat. 601), as amended or any other Act; or
"(19) for such period of time as the President may specify,
any other authority of any executive agency which the President
determines within one year after the effective date of this Act
should, in the public interest, stand unimpaired by this Act."
(g) striking out the period at the end of section 603 (a) thereof
and inserting in 'lieu thereof a comma and the following : "includ-
ing payment in advance, when authorized by the Administrator,
for library memberships in societies whose publications are
available to members only, or to members at a price lower than
that charged to the general public."
SEC. 8. (a) Subsection 3 (b) of the Federal Property and Adminis-
trative Services Act of 1949 is amended to read as follows :
" b) The term `Federal agency' means any executive agency or any
establishment in the legislative or judicial branch of the Government
(except the Senate, the House of Representatives, and the Architect
of the Capitol and any activities under his direction)."
(b) Section 201 (b) of the Federal Property and Administrative
Services Act of 1949 is amended by striking out the expression "or the
Senate, or the House of Representatives,".
. (c) Section 602 of the Federal Property and Administrative Serv-
ices Act of 1949 is amended by redesignating subsection (e) thereof
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as subsection (f), and inserting, immediately after subsection (d)
thereof, the following new subsection :
"(e) No provision of this Act, as amended, shall apply to the Senate
or the House of Representatives (including the Architect of the
Capitol and any building, activity, or function under his direction),
but any of the services and facilities authorized by this Act to be
rendered or furnished shall, as far as practicable be made available
to the Senate, the House of Representatives, or the Architect of the
Capitol, upon their request, and, if payment would be required for the
rendition or furnishing of a similar service or facility to an executive
agency, payment therefor shall be made by the recipient thereof, upon
presentation of proper vouchers, in advance or by reimbursement (as
may be agreed upon by the Administrator and the officer or body
making such request). Such payment may be credited to the appli-
cable appropriation of the executive agency receiving such payment."
Snc. 9. The Federal Property and Administrative Services Act of
1949, section 205 (h), is hereby amended by striking out the last word
of the sentence "title" and inserting in lieu thereof the word "Act".
SEC. 10. (a) Whenever any contract made on behalf of the Govern-
ment by the head of any Federal Agency, or by officers authorized by
him so to do, includes a provision for liquidated damages for delay,
the Comptroller General upon recommendation of such head is author-
ized and empowered to remit the whole or any part of such damages as
in his discretion may be just and equitable.
(b) Section 306 of the Federal Property and Administrative Serv-
ices Act of 1949, is hereby repealed, and this section shall be effective
as of July 1;1949.
Snc. 11. All laws or parts of laws in conflict with the provisions of
this Act or with any amendment made thereby are, to the extent of
such conflict, hereby repealed.
Approved September 5, 1950.
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