CENTRAL INTELLIGENCE AGENCY AND VETERANS ADMINISTRATION VIEWS ON H.R. 3987 AND S. 905, BILLS KNOWN AS THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT OF 1984.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001201620039-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 22, 2016
• Document Release Date: April 23, 2009
• Sequence Number: 39
• Publication Date: April 23, 1984
• Content Type: MEMO

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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
April 23, 1984
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer
General Services Administration
Department of Justice
Veterans Administration
Central Intelligence Agency (0000*1
National Security Council
Department of the Treasury
Chrono
'lJ , u i i r
SUBJECT: Central Intelligence Agency and Veterans Administration views on
H.R. 3987 and S. 905, bills known as the "National Archives and
Records Administration Act of 1984."
The Office'of Management and Budget requests the views of your
agency.on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than
11:00 A.M. TUESDAY, APRIL 24, 1984.
Direct your questions to Gregory Jones (3 5-3856), of this office.
// -;11-vV
Jefls?`C:-Mufr' for "
Assistant Director for
Legislative Reference
Enclosures
cc: M. Chaffee
F. Reeder
J. Coffey
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Veterans
Administration
Administrator
of Veterans Affairs
L\ ogq``'d
Honorable David A. Stockman
Director, Office of Managemen
and Budget
Attention: Assistant Director
for Legislative Reference
Washington, D.C. 20503
F6. - -~ /~ 3 ,3
A ,,
Dear Mr. Stockman:
This is in response to the requests of the AssiS-t,,ant; Dir1~eector
for Legislative Reference date and April 3,1984,
for this Agency's comments on H.R. 398 nd S. 905`l11s to
be known as the "National Arch Records Administration
Essentially, the bills provide for transferring the statutory
authority of the General Services Administration (GSA) for
administering basic archival and records management functions
to the Archivist of the United States. In so doing, an inde-
pendent-National Archives and Records Administration would be
created with the Archivist becoming a Presidential appointee.
The rationale supporting this shift of responsibility is that
the inefficiency of divided authority would be eliminated,
giving the Archivist of the United States more effective
control over the complete "life cycle" of Federal records.
It Is anticipated that this legislation would clarify lines
of authority, expedite decisionmaking, provide for clearer
policy direction and insulate the agency from political
influence.
Under the proposed legislation, the Office of Management
and Budget (OMB) and Congress would evaluate the Archivist's
budget requests in conjunction with those of other cultural
and heritage agencies. The Senate bill makes a clear trans-
fer of responsibilities whereas the House bill allows the
Administrator of GSA to retain joint responsibility with
the Archivist with respect to records management and
inspection of agency records. For the reasons set out
below, this Agency has no objection to S. 905 but objects
to certain provisions in H.R. 3987.
Generally, the impact on the Veterans Administration of an
independent Archives would be minimal provided degradation
of the services, guidance, and assistance now provided by
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Honorable David A. Stockman
the National Archives and Records Service (NARS) of GSA
does not occur. However, the VA is not a disinterested
observer, since our Agency is a primary user of the Federal
records center system with holdings in excess of one million
cubic feet in the various centers. Moreover, we believe
that regardless of which entity ultimately becomes respon-
sible for these records management functions, that entity
must exist to serve the needs of all operating Federal
agencies and not vice-versa.
Currently, direct contact with GSA on matters affecting VA
records management is almost nonexistent. In our experience,
it is the Archivist of the United States who generally com-
municates with agency heads or other top management officials
on proposals or changes which significantly alter the adminis-
tration of records programs. To our knowledge, no problems
have surfaced between our agencies that were not mutually
resolved.
The VA has no objection to S. 905 because it clearly provides
for the Archivist to have sole responsibility for the manage-
ment and preservation of the Nation's historical documents.
Further, Presidential appointment of the Archivist for a
period of 10 years would enhance the continuity of programs
necessary to maintain these records and provide agencies with
a point of contact that is totally knowledgeable of the mission
and purpose of each agency. Unlike H.R. 3987, S. 905 does
not provide for shared responsibility by the Archivist and
the Administrator of GSA in the areas of records management
and inspection of records. Finally, S. 905 would transfer
back to the Archivist the Office of Information Systems
from GSA's Office of Information Resources, Automated Data
and Management. The VA supports this move as long as the
technology aspect of information systems,. as opposed to
records management, remains with GSA, which has automated
data procurement responsibilities. In our opinion, the
Administrator of GSA and not the Archivist should continue
to provide computer technology guidance and maintain his
role in developing Federal acquisition regulations.
The VA objects to H.R. 3987, as presently drafted. While we
do not object to many of the concepts proposed, we believe
that several of the bill's provisions should be modified or
eliminated. In addition to the lack of total independence
of the Archivist mentioned earlier, we object to provisions
in the House Bill that would tend to increase the oversight
of other agencies by the Archivist and the Administrator of
GSA, and, would allow the Archivist to utilize personnel of
other agencies or to charge for services that should be
covered within the budget of NARS.
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3.
Honorable David A. Stockman
With respect to H.R. 3987, as it amends certain sections of
Chapter 29 of title 44, the role of the Administrator of GSA
appears to be left untouched. For example, proposed
section 2904 addresses general responsibilities for records
management; however, it explicitly provides for a sharing of
responsibilities with NARS on areas related to the development
of standards and procedures, the conduct of research, studies,
surveys and inspections of records and records management
programs. In essence, it is not clear which organization
would assume the leadership role and that in turn would cause
additional problems for agencies with respect to obtaining
assistance, guidance and direction on records management
problems. The passage of the bill in its present form would
not enhance the authority or adequately define the responsi-
bilities of the Archivist. -
We strongly recommend that these responsibilities be vested
entirely with the Archivist to alleviate the confusion and
redundancy that would likely result if the two agencies
were to share joint responsibility for these functions.
Related to this issue is the extent of GSA and NARS oversight
in records management and inspection of records. For example,
the Archivist is given new authority in the bill under proposed
sections 2905(a) and 3106 of title 44, U.S. Code, to initiate
action to prevent defacing, removal or destruction of records
upon an agency's timely failure to do so. The inspection of
records provisions of proposed sections 2104(f) and 3301(b) of
title 44, U.S. Code, offered in H.R. 3987 depart from current
law (i.e., 44 U.S.C. ? 2906) in two important respects: first,
under proposed section 2104(f), each Federal agency is required
(not merely authorized as in S. 905) to permit GSA or NARS
to inspect that agency's records; second,under both proposed
sections 2104(f) and 3301(b), neither national security or
public interest restrictions nor compliance with the Privacy
Act of 1974 (5 U.S.C. ? 552a) and other Federal confidentiality
laws that may apply to the records to be inspected are provided
for as is the case under both existing 44 U.S.C. ? 2906 and the
proposed modification of that section in H.R. 3987. We continue
to strongly object to any legislative change that would allow
another agency to exercise control over internal VA records or
information decisions made while carrying out our mission of
administering VA benefits.
The matter of funding and costs related to the operation of an
independent NARS is of prime importance to the VA. We would
expect NARS to provide the same level of services currently
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4
Honorable David A. Stockman
furnished at no additional cost to the VA except for certain
special services that may be negotiated on an individual basis.
We believe that NARS has the responsibility to provide agencies
with low cost storage facilities for noncurrent records and that
that responsibility includes total funding of the operation of
the facilities at no expense to user agencies.
However, proposed section 2116(c) of title 44, U.S. Code, in
H.R. 3987 would alter existing law (i.e., 44 U.S.C. ? 2112(c))
by allowing the Archivist to charge fees to other agencies for
authentication or reproduction of records where the Archivist's
appropriations are insufficient to cover this cost. In this
regard, we note that any substantial, unexpected costs could
severely curtail VA operations.
Finally, we object to the discretion granted in proposed
section 2302 of title 44, U.S. Code, in H.R. 3987 to the
National Archives Trust Fund Board to utilize the services
and personnel of another agency without the consent of the
agency head involved. We assume this was an unintended result
and that appropriate modification in language to provide for
the consent of an agency head will be accomplished as was done
elsewhere in H.R. 3987 (see proposed section 2105(a) of
title 44, U.S. Code).
Thank you for the opportunity to present our views on this
proposed legislation. Questions concerning these comments
may be addressed to Neal C. Lawson at 389-3294.
Sincerely,
HARRY N. WALTERS
Administrator
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Central IntelligenceAgauy fe -
18 April 1984
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
This is in response to your legislative referral
memorandums of 10 April and 13 April 1984, wherein you ege_t
the views of the Central Intelligence Agency (CIA) o S. 905
as reported, and H.R. 3987, as ordered reported. Bot ese
bills are entitled the "National Archives and Records
Administration Act of 1984" and both seek to establish an,
independent National Archives and Records Administration. The
Central Intelligence Agency has no objections to S. 905 as
reported by the Senate Committee on Governmental Affairs.
H.R. 3987, however, contains a provision, not contained in
S. 905, which we feel poses problems for the CIA, as explained
below. We have crafted, therefore, language which we believe
will resolve the problems posed by H.R. 3987 and, with the
addition of our amendment, we would pose no further objection
to H.R. 3987.
In reviewing this legislation to determine whether or not
it could adversely impact on CIA, it is important to understand
the legislative history of the Federal Records Act of 1950,
which is amended by both of these bills. The Federal Records
Act (64 Stat. 583) was enacted as a new Title V to the Federal
Property and Administrative Services (FPAS) Act of 1949. This
is critical because the FPAS Act contains a provision which
states: "Nothing in this Act shall impair or affect any
authority of...the Central Intelligence Agency;" (see
40 U.S.C.A. section 474). This provision applies, therefore,
to the Federal Records Act, which is found in chapters 21, 25,
29, and 31 of Title 44, United States Code. S. 905 contains
amendments to chapter 21 which the CIA would object to except
for the fact that our concerns are taken care of by the above
exception in the FPAS Act which will apply to these proposed
amendments.
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H.R. 3987, however, also amends chapter 33 of Title 44,
United States Code, which was not enacted as part of the
Federal Records Act of 1950 and to which the CIA exception in
the FPAS does not apply. Section 204 of the bill seeks to
amend section 3301 of Title 44, United States Code, to add a
new subsection (b). This subsection requires the Archivist to
"establishtdetailed criteria under which material shall be
examined to determine if it is a record..." and, furthermore,
allows the Archivist to "...have access, to determine
compliance..., to any material made or received by an agency of
the United States Government." The CIA believes this provision
could be construed to undermine the authority of the Director
of Central Intelligence to protect intelligence sources and
methods, contained in the National Security Act of 1947. In
working to resolve this problem, we reviewed the current
statutory provisions regarding inspection of records by the
Administrator of General Services (GSA). Section 2906 of
Title 44 currently allows the Administrator to inspect records
for the sole purpose of making recommendations to improve an
agency's records management practices and programs. This
section also contains two important provisions which we believe
should be added to the amendment proposed to section 3301.
The first is paragraph 2906(a)(2), which recognizes the
sensitivity of records concerned with matters of national
security and thus provides for inspection of such records
"subject to the approval of the head of the agency concerned or
of the President." The second important provision is
subsection 2906(b), which requires the Administrator "...to
comply with all other Federal laws and be subject to the
sanctions provided therein" in conducting their inspections.
H.R. 3987, as amended by your Committee, would extend these
requirements regarding the inspection of records to the
Archivist. We believe the addition of similar language to the
proposed section 3301 in H.R. 3987 would resolve the concerns
we have with the proposed section and allow a continuation of
our good working relationship with the Archivist. The addition
of this language to section 3301 would also provide an
important element of uniformity in the inspection authorities
of the Archivist as set forth in Title 44 of the United States
Code. The amendments to section 3301 which we propose are as
follows:
--Amend proposed subsection 3301(b) to read:
"(b) The Archivist of the United States shall, by
regulation, establish detailed criteria under which material
shall be examined to determine if it is a record as defined
under subsection (a) and such regulation. The Archivist may
have access, to determine compliance with such subsection and
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such regulations, to any material made or received by an agency
of the United States Government. Access to such material, and
the examination thereof, by the Archivist shall be in
compliance with all other Federal laws and be subject to the
sanctions provided therein."
--Add a new subsection (c) to read:
"(c) Material, the use of which is restricted by law or for
reasons of national security or the public interest, shall be
examined, in accordance with regulations promulgated by the
Archivist, subject to the approval of the head of the agency
concerned or of the President."
In compliance with your request, we are enclosing for
clearance a views letter to Chairman Jack Brooks of the House
Government Operations Committee which sets forth our proposed
amendment. Please note that in writing this views letter we
did not make mention of the continuing applicability of the CIA
provision in the FPAS Act but, instead, focused solely on the
problems we see in the Committee's proposed section 3301 and
the need for consistency in setting forth the Archivist's
inspection authorities throughout the chapters in Title 44,
United States Code, which govern Federal records management.
We appreciate the opportunity to comment upon S. 905 and
H.R. 3987. Given our concern as expressed above, we would
appreciate being kept informed as to the development of an
Administration position on this legislation.
Sincerely,
Deputy Director, Ottice o Legislative Liaison
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