NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT OF 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92B01283R000100070017-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 62
• Document Creation Date: December 23, 2016
• Document Release Date: September 13, 2013
• Sequence Number: 17
• Publication Date: April 25, 1984
• Content Type: REPORT

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98TH CONGRESS 1 REPORT
2d Session HOUSE OF REPRESENTATIVES
98-707
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
ACT OF 1984
APRIL 25, 1984.?Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. BROOKS, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany H.R. 3987]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Operations, to whom was re-
ferred the bill (H.R. 3987) to improve the preservation and manage-
ment of Federal records, and for other purposes, having considered
the same, report favorably thereon with an amendment in the
nature of a substitute and recommend that the bill as amended do
pass.
The amendment strikes out all after the enacting clause of the
bill and inserts a new text which appears in italic type in the re-
ported bill.
EXPLANATION OF AMENDMENT
Inasmuch as all after the enacting clause of H.R. 3987 was strick-
en and all language incorporated into the amendment, this report
constitutes an explanation of the amendment.
SUMMARY AND PURPOSE
The National Archives and Records Administration Act of 1984
(H.R. 3987) would create a new National Archives and Records Ad-
ministration as an independent agency. The bill would restore the
Archives to the status it held from its founding in 1934 until it was
incorporated into the General Services Administration in 1949.
Title I of the bill amends Title 44 of the United States Code to
establish the independent National Archives and Records Adminis-
tration and transfer the authorities exercised by the current Na-
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tional Archives, along with its personnel and assets, to the new Ad-
ministration. Title I also makes conforming amendments to reflect
the establishment of the new agency.
Title II of the bill makes amendments to those sections of Title
44 dealing with operations of the National Archives Trust Fund
and National Archives Trust Fund Board. Title II also amends
those sections of Title 44 dealing with those procedures to be fol-
lowed to prevent the unlawful removal or destruction of govern-
ment records and clarifies the authority of the Archivist to deter-
mine what is a Federal "record" and make inspections in further-
ance of such determinations. Title II also requires public notice
before disposal of public records.
COMMITTEE ACTION AND VOTE
H.R. 3987 was reported by the full Committee on Government
Operations by voice vote at a duly called meeting of the Committee
on April 10, 1984, with a quorum present.
HEARINGS
A hearing on H.R. 3987 was held by the Subcommittee on Legis-
lation and National Security on March 7, 1984. Testimony was re-
ceived from the following witnesses: Honorable Glenn English,
Chairman, Subcommittee on Government Information, Justice, and
Agriculture; Honorable Ray Kline, Acting Administrator, General
Services Administration; Dr. Robert Warner, Archivist of the
United States; Honorable Frank Carr, Assistant Administrator for
Information Resources Management, General Services Administra-
tion; Dr. James B. Rhoads, former Archivist of the United States;
Dr. Samuel R. Gammon, Executive Director, American Historical
Association; Dr. David B. Gracy, Director, Texas State Archives,
and President of the Society of American Archivists; Mr. Charles
E. Lee, Director, Department of Archives and History, State of
South Carolina; Lt. Colonel Varney R. Nell (USAF Ret.), President,
National Genealogical Society; and Dr. Wayne D. Rusmussen,
President, Society for History in the Federal Government.
DISCUSSION
I. BACKGROUND
The National Archives of the United States was established by
an Act of Congress on June 19, 1934, to be responsible for "[a]ll ar-
chives or records belonging to the Government of the United States
(legislative, executive, judicial, and other) * ' " Under the 1934
Act, the independent agency was headed by an Archivist appointed
by the President and confirmed by the Senate. In addition, a Na-
tional Archives Council, composed of specified executive and legis-
lative branch officials and independent agency heads, was estab-
lished to define the classes of materials to be transferred to the Ar-
chives and to advise the Archivist on the disposition and use of doc-
uments transferred to his custody. Also created was the National
Historical Publications Commission (now the National Historical
Publications and Records Commission).
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Under subsequent statutes, operation of the Federal Register and
the National Archives Trust Fund Board were placed within the
National Archives.
Fifteen years later, pursuant to a recommendation of the Hoover
Commission, the Federal Property and Administrative Services Act
of 1949 transferred the National Archives to the newly created
General Services Administration. The principal archival functions
previously exercised by the Archivist were vested in the Adminis-
trator of General Services, and the Archivist became an appointee
of the Administrator.
II. OPERATION OF THE ARCHIVES WITHIN GSA
As a component of the General Services Administration, the Na-
tional Archives and Records Service (NARS) performs a variety of
functions related to the use and disposition of the records of Feder-
al agences. These include:
Archival activities. ?Appraisal of agency records, acquisition and
cataloging of records with historical value, dissemination of refer-
ence aids on records, provision of copies of documents to the public,
and operation of public programs including the National Archives
Building.
Records Centers. ?Storage and servicing of non-current agency
records and historically valuable records of the National Archives;
review and approval of agency record schedules; appraisal of
agency offers of records and private gift offers; microfiliming of
agency records on a reimbursable basis.
Presidential libraries. ?Operation of the Herbert Hoover, Frank-
lin D. Roosevelt, Harry S Truman, Dwight D. Eisenhower, John F.
Kennedy, Lyndon B. Johnson, and Gerald R. Ford libraries; custody
and control of the Presidential papers of Richard M. Nixon and
Jimmy Carter.
Publication of official documents. ?Publication of the Federal
Register and Code of Federal Regulations; United States Statutes
at Large; Weekly complilation of Preisential Documents and the
annual Public Papers of the President; and the United States Gov-
ernment Manual.
National Historical Publications and Records Commission.?Co-
ordinates and provides technical assistance to archival planning
and assessment projects; supports historical document publication
projects through a grant program.
Information Security Oversight Office.?Oversees the information
security (classification) programs of approximately 65 executive
branch entities that create or handle national security information.
Total budget authority for the National Archives and Records
Service for FY 1984 is allocated to NARS programs as follows:
Records Centers, $37.2 million; Archival and related services, $51.8
million; National Historical Publications and Records Commission,
$6.5 million; Information Security Oversight Office, $650,000.
However, only two-thirds of the total budgeted amount is to be
obligated directly to archival programs. The remaining one-third,
approximately $32 million, represents the fixed costs of operating
and maintaining archival facilities.
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III. DIFFICULTIES IN THE GSA/NARS RELATIONSHIP
During the 35 years that the National Archives has been inte-
grated within the structure of the General Services Administra-
tion, a number of groups and individuals concerned with the Feder-
al government's archival activities have contended that this place-
ment has impaired the Archives' effectiveness in handling, preserv-
ing, and disseminating Federal records. In his testimony before the
Subcommittee on Legislation and National Security, Dr. James B.
Rhoads, who served as Archivist of the United States from 1968 to
1979, characterized the defect in the structural relationship as "one
of simple and stark incompatibility." Dr. Rhoads gave examples of
the problems arising from this relationship:
?In preparation and defense of its annual budget request, the
Archives lacks direct access to the Office of Management and
Budget and the Congress, but rather must operate through
GSA as an intermediary. In addition, "because NARS budgets
have been evaluated by elements of OMB that are attuned to
buildings management, procurement, and other government-
wide housekeeping functions rather than cultural programs,
NARS has been unable to secure the resources essential to its
mission, and has lagged far behind other cultural and heritage
agencies."
?Under GSA's structure of centralized support services, such as
legal counsel, personnel management, budget, public informa-
tion, and OMB and Congressional relations, "the quality of
these services has often been poor and non-responsive to the
specialized needs of NARS."
?Top Archives officials "are required to spend a great deal of
time in meetings and on paperwork having little or no rel-
evance to NARS programs and problems", detracting from
their ability to manage the Archives effectively.
Another aspect of the difficulties in the GSA/NARS relationship
is the lack of understanding of the mission of the Archives. Dr.
Samuel Gammon, executive director of the American Historical As-
sociation, referred in his testimony to the "simplistic belief that
the Archives is merely the government's file clerk * * *" Similar-
ly, Dr. David Gracy, State Archivist of Texas and President of the
Society of American Archivists, contended that "Administrators of
GSA * * * have lacked the background, inclination, and?with an
average tenure of less than two years?the time to make sound ar-
chival and records management policy."
This apparent lack of understanding of the archival function has
led GSA over the years to make proposals for alterations in the op-
erations of the Archives that would have had damaging or wasteful
consequences. For instance, there was a proposal in the late 1970's
to decentralize the core holdings of the Archives and redistribute
those holdings to regional centers. While decentralization generally
might be a useful tool in improving managerial efficiency in GSA's
other operations, in the context of Archives operations such a move
would have hindered research efforts and run directly counter to
the archival goal of maintaining the unity and integrity of records
collections. More recently, GSA has imposed a "zero growth" policy
on Archives Records Centers. This policy, according to Dr. Rhoads,
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has forced the retention of records within the agencies, at a cost of
over $13 per cubic foot of records, compared to storage costs of
under $1.00 per cubic foot in the Records Centers.
Further, the personnel-intensive nature of Archives operations
has made it especially vulnerable to budget cutbacks and reduc-
tions-in-force imposed agency-wide on GSA. The damage done by
curtailed funding not only impairs the Archives' ability to function
effectively on a day-to-day basis; it also jeopardizes the Archives'
long-term mission of preservation and protection of vital Federal
records of historical value. Lt. Col. (Ret.) Varney R. Nell, president
of the National Genealogical Society, pointed out some of the
future consequences of present curtailed Archives budgets: "* * *
it has not been possible to recruit and train a new generation of
archivists. The last class of trainees was hired five years ago, and
many of them were lost in the 1982 reduction in force. The prob-
lems associated with an overcrowded and outdated National Ar-
chives building can only increase in the future. Lack of adequate
climate control in records storage areas may contribute to the dete-
rioration of those records. A slowdown in the accessioning of
records, due to a lack of both staff and space, postpones the time
when these records will be available to researchers."
As serious as the above problems are, they can be characterized
as merely the unintended results of the bureaucratic relationship
between the Archives and GSA. Equally serious is the effect of the
intentional vesting of statutory authority for archival functions in
the Administrator, with delegation to the Archivist only as the Ad-
ministrator sees fit. This statutory structure poses the constant
threat of manipulation of the Archives' professional processes to
achieve political purposes. The most striking instance of this threat
becoming reality occurred in 1974, when the Administrator entered
into an agreement with former President Richard Nixon which
would have given Mr. Nixon substantial continuing control over
his presidential records and could have empowered him to order
those records destroyed. According to Dr. Rhoads, who was Archi-
vist at the time, "This agreement was negotiated and signed with-
out the participation or knowledge of any official of NARS."
The agreement with former President Nixon was overturned by
an Act of Congress (The Presidential Recordings and Materials
Preservation Act, P.L. 93-526), and the incident led to passage in
1978 of the Presidential Records Act (P.L. 95-581), which made
clear that "The United States shall reserve and retain complete
ownership, possession, and control of Presidential records * *
Undoubtedly, Congress would be prepared to respond in the future
to any equally egregious example of attempted manipulation of the
Archives for political purposes. Nevertheless, to the extent that the
incident was the consequence of statutorily mandated structural re-
lationships, the most effective corrective action is to alter those re-
lationships to prevent a recurrence.
In summary, the placement of the National Archives within the
General Services Administration, and the vesting of statutory au-
thority for most archival functions in the Administrator of General
Services, has operated as an impediment to the fulfillment of the
Archives' mission of managing and preserving the records of the
Federal government. The difficulties experienced by the Archives
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in its present structure have also had a harmful effect on its pro-
fessional standing: when Dr. Gracy, the president of the Society of
American Archivists, was asked how the National Archives is per-
ceived in the professional archival community, he replied, "As a
former leader."
IV. AN INDEPENDENT NATIONAL ARCHIVES
H.R. 3987 corrects the situation described above by establishing a
National Archives and Records Administration as an independent
agency in the executive branch. Title I of the bill would transfer
the archival related functions of Title 44 of the United States Code
to the new agency and vest those functions in the Archivist. Archi-
vally related entities such as the National Archives Trust Fund
and the National Historical Publications and Records Commission
likewise would become part of the new Archives, and other statuto-
ry duties of an archival nature would become the responsibility of
the Archivist.
The Archivist
Under Section 102 of the bill, the Archivist of the United States
would once again become a Presidential appointee, to be confirmed
by the Senate. H.R. 3987 recognizes the desirability of ensuring
that the Archivist, like other presidential appointees in the execu-
tive branch, will be responsive to the leadership of the president,
while at the same time providing the Archivist with a degree of in-
sulation from improper political pressure in the discharge of his
duties. To achieve both these ends, the bill specifies that the Archi-
vist shall be appointed without regard to political affiliations and
solely on the basis of his or her professional qualifications. The
Committee expects that this will be achieved through consultation
with recognized organizations of professional archivists and histori-
ans.
The bill provides that the Archivist may be removed by the
President; to ensure that the President will be held accountable in
the political process for any decision to remove an Archivist, it also
requires that the President communicate the reasons for any such
action to each House of Congress.
Records Management
Chapters 29 and 31 of Title 44 of the United States Code provide
authority for records management activities by GSA and the indi-
vidual agencies, respectively. Historically, responsibility for these
functions was delegated by the Administrator to the Archivist, and
H.R. 3987 as introduced transferred all authority under these chap-
ters to the Archivist.
In 1980, however, Congress passed the Paperwork Reduction Act
(P.L. 96-511), which had originated in the House in the Committee
on Government Operations. Pursuant to the Act's goal of improv-
ing the efficiency of Federal information management functions,
GSA was assigned a lead role in information resources policy for-
mulation and oversight. Also, in the legislative history of P.L. 96-
511, it was suggested that GSA consolidate its activities pertaining
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to automatic data processing, telecommunications, and records
management.
As a result, the Administrator in 1982 reassigned certain records
management functions to the newly created Office of Information
Resources Management. These include the records management
program elements of correspondence, mail, forms, reports, certain
aspects of files, micrographics, copying, and office automation (in-
cluding word processing).
NARS retained records management functions pertaining to the
creation of records with permanent value. These include:
?Appraisal of requests for disposition authority for agency
records.
?Appraisal of records offered for accessioning into the National
Archives.
?Formulation of recommendations concerning agency disposal,
long-term or permanent retention, and interagency transfers.
?Review of Federal record retention requirements.
?Provision of technical guidance and assistance to agencies in
development of disposition schedules.
?Inspection and evaluation of agency retention and disposition
programs.
?Assistance to agencies in effecting systematic records retire-
ment systems.
?Development of general records schedules governing disposi-
tion of common record types.
?Provision of guidance and assistance to agencies in developing
and installing filing and classification systems to ensure proper
disposition.
?Establishment of standards for protection of vital records
(jointly with the Federal Emergency Management Agency).
?Formulation of standards for appropriate and adequate docu-
mentation of agency organization, policy, and activities.
?Provision of technical guidance and assistance to Federal agen-
cies in establishing records systems that adequately document
agency activities.
?Ensuring that changing technology does not result in loss of
adequate documentation.
?Inspection of agency documentation practices to ensure neces-
sary and proper documentation is being preserved in a retriev-
able manner.
?Operation of Federal Records Centers.
?Provision of centralized microfilming services.
?Disposal of records.
?Reporting to Congress on records disposal activities.
Because of its dual interests in maintaining the integrity of the
Archives records management activities and ensuring that GSA's
information resources management responsibilities are carried out
adequately, the Committee has paid particular attention to the
proper assignment of records management responsibilities. A major
focus of the Legislation and National Security Subcommittee's
March 7 hearings was the issue of records management. The Sub-
committee heard at that time from the three cognizant officials in
the records management area: the Acting Administrator of GSA,
the Archivist, and the Assistant Administrator for Information Re-
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sources Management. All three testified that the current division
of records management authority works well both from the aspect
of archival responsibilities and from the aspect of management of
information resources. For that reason, H.R. 3987 was amended to
divide records management authority between the Archivist and
the Administrator along the lines that this authority is currently
exercised.
The bill as ordered reported revises Section 2904 of Title 44 to
authorize the Archivist to provide guidance and assistance to Fed-
eral agencies with respect to ensuring adequate and proper docu-
mentation of the policies and transactions of the Federal Govern-
ment and ensuring proper records disposition. The Administrator is
authorized to provide guidance and assistance to ensure economical
and effective records management by such agencies. It is the Com-
mittee's intent that the authority granted to the Archivist and the
Administrator in the revised Section 2904 shall encompass the au-
thority exercised respectively by the Archivist and OIRM under
the division of records management responsibility in effect at this
time. The bill similarly revises sections 2906 ana 2115 (as renum-
bered) of Title 44 to reflect the current division of records manage-
ment responsibility.
Recognizing the interrelationships between GSA activities and
those of the National Archives and Records Administration as cre-
ated in H.R. 3987, especially in the field of records management,
the Committee directs the Administrator and the Archivist to es-
tablish coordinating mechanisms to ensure that each agency is in-
formed of the activities of the other and that both exercise their
authorities with respect to other Federal agencies in a coordinated
manner.
V. OTHER PROVISIONS OF H.R. 3987
In the course of discharging its oversight responsibilities dealing
with the National Archives over the past several years, the Com-
mittee has become aware of a number of problems associated with
Archives operations. To ensure that the independent National Ar-
chives and Records Administration established under Title I of
H.R. 3987 functions as efficiently and effectively as possible, Title
II of the bill makes several procedural changes to Title 44 of the
United States Code.
The National Archives Trust Fund
A 1979 General Accounting Office report prepared at the request
of the Chairman of the Subcommittee on Government Information
and Individual Rights ("Improvements are Needed in the Manage-
ment of the National Archives Preservation and Trust Fund Activi-
ties"?LCD 80-13) pointed out a number of shortcomings in the
Trust Fund's operations. The report found that the statutes govern-
ing Trust Fund operations were broadly written and that the Con-
gress was inadequately informed about the range of Trust Fund ac-
tivities. The report also concluded that the Trust Fund had mis-
used its direct-line (non-civil service) authority, and it called into
question some of the fiscal and accounting practices of the Trust
Fund.
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The Committee understands that many of the problems identi-
fied in the GAO report have been dealt with internally through ad-
ministrative action. These include a major reduction in the number
of personnel on a direct-hire basis and adoption of improved ac-
counting practices. Several sections of Title II of H.R. 3987 make
additional changes to Trust Fund operations to meet the points
raised by the report.
Under current law, the Administrator is allowed to charge 10
percent above costs to make reproductions of material in his custo-
dy. While the Committee understands that this surcharge affords
the Trust Fund a comfortable margin of flexibility in its oper-
ations, it questions whether a margin of this degree is either re-
quired or prudent. For that reason, Section 201 of H.R. 3987
amends Section 2116(c) of title 44 (as redesignated by the bill) to
allow the Archivist to recover a fee set to recover reproduction
costs, plus increments to account for estimated replacement costs
of equipment.
Under current law, the Trust Fund Board is allowed to hire nec-
essary employees without regard to the civil service laws. H.R. 3987
removes this direct hire authority, requiring instead that personnel
be hired "subject to the laws and regulations governing appoint-
ments in the competitive service." The Committee has not been
made aware of any compelling personnel needs of the Trust Fund
that cannot be filled through the civil service process, through con-
tracting, or through other arrangements.
To facilitate more comprehensive oversight of Trust Fund activi-
ties, Section 202 of H.R. 3987 amends Section 2302 of Title 44 to
require the Archivist to submit to the Congress an annual report,
by account, detailing both receipts and operations of the Trust
Fund.
Section 202 of the bill makes other incidental revisions to the
Trust Fund's authority.
Authority to Litigate and Inspection of Records
To carry out the Archives' mission of preserving the historically
valuable records of the Federal government, the Archivist must
have the authority to make the determination of what constitutes
a Federal record. Further, there must exist a statutory procedure
to ensure that Federal agency records are not unlawfully removed
or destroyed. Incidents over the past several years, however, have
shown that there is inadequate authority in? current law to provide
the requisite safeguards in these areas.
According to the Archivist, "From the time the National Ar-
chives was established, we had interpreted the law as giving the
Archivist the authority to inspect agency records and determine
which were Federal records." However, the Supreme Court's 1980
decision in Kissinger v. Reporters' Committee for Freedom of the
Press (445 U.S. 136), which denied an attempt under the Freedom
of Information Act to retrieve material produced by the former
Secretary of State while he held that office, suggests that this au-
thority lies instead with the agency head. The laborious four-year
chronology of the Archivist's attempts to examine the material and
make a determination of its record status, printed below, along
with reported denial of access to the Archivist by other agencies,
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makes it clear that the Archivist's authority in this area must be
reinforced.
NARS AND THE KISSINGER TAPE TRANSCRIPTS
CHRONOLOGY
November 12, 1976.?Deed of gift and agreement, executed by
Henry Kissinger and Daniel J. Boorstin, covering a collection of
personal papers and copies of Government papers.
November 15, 1976.?Bulletin B-65, issued by NARS, containing
a discussion of the nature of Federal records and distinguishing
them from personal papers.
December 24, 1976.?Second deed of gift and agreement, executed
by Henry Kissinger and accepted by Daniel Boorstin on December
25, covering transcribed secretarial notes of his telephone conversa-
tions. Attached to this deed of gift is a memorandum of the legal
advisor, Department of State, dated November 11, 1976.
January 4, 1977.?Letter from Archivist James B. Rhoads to
Henry Kissinger requesting Kissinger's cooperation in permitting
archivists to examine the telephonic transcripts and related docu-
ments.
January ?, 1977.?Law suit brought by Reporters Committee for
Freedom of the Press, seeking access to the Kissinger transcripts
and a declaration that they are public property.
January 18, 1977.?Letters from Henry Kissinger to Archivist
Rhoads enclosing a copy of a memorandum by legal counsel, De-
partment of State, and in effect declining to permit examination.
The memorandum of counsel is dated January 14, 1977. Also en-
closed is a copy of Kissinger's letter to the Honorable Jack Brooks,
undated.
January 19, 1977.?Letter from Archivist Rhoads to Records Offi-
cer John Pruden at Department of State requesting that all materi-
als that are the subject of the controversy remain in Department of
State custody.
February 3, 1977.?Memorandum of counsel signed by Don
Young, addressed to Archivist Rhoads, analyzing the case and at-
tacking the State Department's memorandum of law dated Janu-
ary 14.
February 11, 1977.?Letter of Archivist Rhoads to Henry Kissin-
ger again requesting his cooperation in making possible an exami-
nation of the materials.
March 1977.?Application of Standards for the Determination of
Records Status, a paper produced by a task force of archivists, de-
scribing the steps necessary in determining the records status of a
document or file.
August 9, 1977.?Preliminary inspection agreement, entered into
by the Department of Justice and attorneys representing Kissinger,
to permit inspection of transcripts by one State Department repre-
sentative and one NARS archivist.
August-September 1977.?Inspection of transcripts is completed
by State Department representative and NARS archivist.
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January 25, 1978.?Summary judgment is entered by U.S. Dis-
trict Judge Smith, declaring that the telephone transcripts are Fed-
eral records.
November 1, 1978.?Judgment is upheld by the Court of Appeals.
March 3, 1980.?Decision of the Supreme Court (see 44 US 136
(1980)). The Court decided that the plaintiff in original case had no
standing and therefore did not decide the issues of whether the
transcripts were agency records and whether they were wrongfully
removed by Dr. Kissinger. However, the Court pointed out that a
proper procedure existed to resolve the issues; that is, involving the
head of the agency and the Administrator of GSA in recovery of
records.
March 5, 1980.?A meeting took place at the Department of Jus-
tice including lawyers representing Department of State and Gen-
eral Services Administration to discuss the status of the Kissinger
transcripts.
June 11, 1980.?Letter of the Administrator of General Services
to the Secretary of State seeking his cooperation in resolving the
matter of the legal status of the Kissinger transcripts.
September 19, 1980.?Reply of the Secretary of State to the Ad-
ministrator describing that Department's review procedure of the
Kissinger transcripts and declining to allow NARS archivists to
engage in the review process.
October 15, 1980.?A meeting of representatives of Department
of State, Department of Justice, and General Services Administra-
tion including archivists, to discuss the procedures for review of the
Kissinger transcripts.
October 27, 1980.?GSA General Counsel requests resolution of
dispute by the Department of Justice's Office of Legal Counsel.
November 26, 1980.?GSA General Counsel sends to Department
of Justice a Memorandum of Law detailing the GSA position that
GSA/NARS should participate in the review process of the Kissin-
ger transcripts.
January 13, 1981.?In a Memorandum of Law from the Depart-
ment of Justice, the Office of Legal Counsel concludes that the au-
thority to review the Kissinger transcripts for purposes of deter-
mining their records status lies entirely with the Department of
State, with no authority provided in law for the National Archives
and Records Service to participate.
Sections 203 and 204 of H.R. 3987 strengthen the Archivist's role
in the processes of records protection and records status determina-
tion. Currently, under Section 2905 of Title 44, the Administrator is
required to notify the head of an agency of any actual, impending,
or threatened unlawful removal, defacing, alteration, or destruc-
tion of records. The Administrator also is required to assist the
agency head in initiating action through the Attorney General to
recover unlawfully removed records and other redress. A similar
provision is included in Section 3106 of Title 44.
Section 203 of H.R. 3987 strengthens the Archivist's role in the
process by requiring the Archivist, through the Attorney General,
to initiate an action if the agency head fails to do so in a reasona-
ble period of time. Further, to ensure that the agency head and the
Attorney General are held publicly accountable in upholding their
responsibilities under these provisions of law, Section 203 requires
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/Th ?
k??.1
the Archivist to report to the appropriate committees of the Con-
gress the circumstances of an agency head's failure to initiate
action or an Attorney General's refusal to do so.
In the matter of records status determination, Section 204 of
H.R. 3987 explicitly gives to the Archivist the authority to deter-
mine what constitutes a "record". In addition, the section author-
izes the Archivist access to any material made or received by a
Federal agency to accomplish the records determination process.
In including these provisions in H.R. 3987, the Committee in no
way intends this authorization to be dispositive of the issue of a
possible private right of action to recover Federal records. Nor does
the Committee imply that this statutory scheme constitutes an ex-
clusive remedy for such recovery. Rather it is the purpose of these
provisions to clarify the role and authority of the Archivist in the
statutory process of records determination and protection.
The Committee also notes that Section 2906 of H.R. 3987 reiter-
ates the requirement of current law that records, the use of which
is restricted by law or for reasons of national security or the public
interest, shall be inspected under regulations that are subject to
the approval of the agency concerned or the President. Section
2906 also requires that in conducting the inspection of agency
records, the Archives shall comply with all other Federal laws and
are subject to the sanctions provided therein.
Public Notice
Section 205 of H.R. 3987 requires the Archivist to place in the
Federal Register a public notice and to provide an opportunity for
comment before empowering an agency to dispose of records.
VI. CONCLUSION
The Committee recommends the establishment of an independ-
ent National Archives and Records Administration through the
passage of H.R. 3987. In making this recommendation, the commit-
tee is fully aware that such an organizational change is not a pana-
cea. Removing the Archives from the General Services Administra-
tion will not, in itself, ensure that the Archives will be able to ful-
fill its mission with maximum efficiency and effectiveness. For this
goal to be achieved, the Archives must receive adequate funding
and, most importantly, must have dedicated and innovative leader-
ship. The Committee will continue to exercise oversight of the Ar-
chives' operations to see that the latter requirements are met.
INFLATIONARY IMPACT
In compliance with clause 2(e)(4) of House Rule XI, it is the opin-
ion of this Committee that the provisions of H.R. 3987 will have no
inflationary impact on prices and costs in the operations of the na-
tional economy.
OVERSIGHT FINDINGS
The Committee, through its Subcommittee on Government Infor-
mation, Justice, and Agriculture, has maintained continuous and
comprehensive oversight of the operations of the National Archives
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and its structural relationship to the General Services Administra-
tion since the committee assumed jurisdiction over the Archives at
the beginning of the 94th Congress. Some of the Subcommittee's
recent investigative and legislative hearings on this subject in-
clude:
98TH CONGRESS
Investigative Hearing
July 14, 1983.?The National Archives and Records Service and
Its Relationship to General Services Administration.
Legislative Hearings
April 7, 1983.?Reauthorization of the National Historical Publi-
cations and Records Commission (H.R. 2196).
February 23, 1984.?Presidential Libraries Funding (H.R. 2446,
H.R. 3138, H.R. 4017, H.R. 4786).
97TH CONGRESS
Investigative Hearing
March 2-4, 1982.?Oversight of the National Archives and
Records Service.
Legislative Hearing
April 27, 1981.?Reauthorize the National Historical Publications
and Records Commission.
96TH CONG:tESS
Investigative Hearings
June 19 and 21, 1979.?National Archives and Records Service
Film-Vault Fire at Suitland, Md.
June 25; July 30; September 20; November 8, 1979.?National Ar-
chives and Records Service Documents Preservation Program and
Trust Fund.
September 21, 1979.?Oversight of National Archives and
Records Service Concerning the Leasing Arrangements for the
Lansburg Building (not printed).
Legislative Hearing
April 30, 1979.?Reauthorization of Appropriation for the Nation-
al Historical Publications and Records Commission (H.R. 3717, H.R.
3923).
The Subcommittee's oversight activities have provided a basis for
the legislative recommendations included in H.R. 3987.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
No new budget authority or tax expenditures are contained in
H.R. 3987.
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0?
COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE
The cost estimate prepared by the Congressional Budget Office
under Section 308(a) and 403 of the Congressional Budget Act of
1947 is contained in the following letter from its Director:
CONGRESSIONAL BUDGET OFFICE,
U.S. CONGRESS,
Washington, D.C., April 19, 1984.
Hon. JACK BROOKS,
Chairman, Committee on Government Operations, US. House of
Representatives, Rayburn House Office Building, Washington,
D. C
DEAR MR. CHAIRMAN: The Congressional Budget Office has re-
viewed H.R. 3987, the National Archives and Records Administra-
tion Act of 1984, as ordered reported by the House Committee on
Government Operations, April 10, 1984. We expect that no signifi-
cant additional costs will be incurred by the federal, state, or local
governments if this legislation is enacted.
The bill establishes an independent National Archives and
Records Administration. The agency will be administered by an ar-
chivist, appointed by the President. Under current law, the Nation-
al Archives and Records Service (NARS) in the General Services
Administration (GSA) performs the functions of this proposed new
agency. All personnel and funds associated with NARS will be
transferred to the new independent agency. A percentage of funds
and positions in the general management appropriation of the GSA
proportionate to the percentage of NARS employees in GSA will be
transferred to the National Archives and Records Administration.
It is possible that some additional costs will be incurred in provid-
ing separate administrative support services for the new agency.
However, some of these services may be provided under contract by
GSA, and the net additional costs are not expected to be substan-
tial.
If you wish further details on this estimate, we will be pleased to
provide them.
Sincerely,
RUDOLPH G. PENNER, Director.
COMMITTEE ESTIMATE OF COST
The committee agrees with the estimate of the Congressional
Budget Office.
SECTION-BY-SECTION ANALYSIS
TITLE I
Section 101?Establishment
Section 101 amends section 2102 of title 44, U.S.C., to create an
independent establishment in the executive branch of the govern-
ment to be known as the National Archives and Records Adminis-
tration, administered under the supervision and direction of the
Archivist of the United States.
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Section 102?Organization and General Authority
Section 102(a) amends chapter 21 of title 44, U.S.C. by redesignat-
ing sections 2103 through 2114 as sections 2107 through 2118, re-
spectively; and adding the following new sections after section
2102:
Section 2103 provides for the officers of the National Archives
and Records Administration. Subsection (a) provides that the Ar-
chivist of the United States shall be appointed by the President by
and with the advice and consent of the Senate; that such appoint-
ment shall be without regard to political affiliations and solely on
the basis of the professional qualifications required to perform the
duties and responsibilities of the office of Archivist; that the Archi-
vist may be removed from office by the President; and that the
President shall communicate the reasons for any such removal to
each House of the Congress. Subsection (b) provides that the Archi-
vist shall be compensated at the rate provided for Level III of the
Executive Schedule under section 5314 of title 5, U.S.C. Subsection
(c) provides that a Deputy Archivist shall be appointed by and
serve at the pleasure of Archivist; that the Deputy Archivist shall
be established as a career reserved position in the Senior Executive
Service within the meaning of section 3132(a)(8) of title 5, U.S.C.;
that the Deputy Archivist shall perform such functions as the Ar-
chivist shall designate; and that during any absence or disability
of, or vacancy in, the office of the Archivist, the Deputy shall act as
Archivist.
Section 2104 provides administrative authorities to the Archivist.
Subsection (a) provides that the Archivist shall prescribe policies,
standards, criteria, procedures, rules, and regulations necessary or
appropriate to carry out the functions of the National Archives and
Records Administration (hereinafter referred to as the "Adminis-
tration"); and that the head of each Federal agency shall issue
such orders and directives necessary to conform the activities of
the agency with the policies, standards, criteria, procedures, rules,
and regulations prescribed by the Archivist. Subsection (b) provides
that, except as otherwise expressly provided by law, the Archivist
may delegate functions to officers and employees of the Adminis-
tration, and may authorize successive redelegations of such func-
tions deemed necessary or appropriate by the Archivist; but that a
delegation of functions by the Archivist shall not relieve the Archi-
vist of responsibility for the administration of such functions. Sub-
section (c) provides that the Archivist may establish, maintain,
alter or discontinue such regional, local, or other field offices as the
Archivist finds necessary or appropriate. Subsection (d) provides
that the Archivist may establish advisory committees to advise
with respect to any function of the Archivist or the Administra-
tion; and that the members of any such committee shall serve with-
out compensation but shall be entitled to transportation expenses
and per diem in lieu of subsistence in accordance with section 5703
of title 5, U.S.C. Subsection (e) provides that the Archivist shall
advise and consult with interested Federal agencies to obtain their
advice and assistance in carrying out the purposes of chapter 21,
title 44, U.S.C. Subsection (0 provides that each Federal agency
must furnish to the Archivist, upon request, any information the
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Archivist finds necessary to carry out his duties. Subsection (g) pro-
vides that, if authorized by the Archivist, officers and employees of
the Administration having investigatory functions are empowered
to administer oaths while conducting investigations.
Section 2105 provides for personnel of and services to the Admin-
istration. Subsection (a) authorizes the Archivist to select, appoint,
employ, and fix the compensation of such officers and employees
pursuant to part III of title 5, U.S.C., necessary to perform the
functions of the Archivist and the Administration. Subsection (b)
authorizes the Archivist to obtain the services of experts and con-
sultants under section 3109 of title 5, U.S.C. Subsection (c) author-
izes the Archivist, notwithstanding section 973 of title 10, U.S.C., or
any other provision of law, to utilize the services of officials, offi-
cers, and other personnel in other Federal agencies, including per-
sonnel of the armed services, with the consent of the head of the
agency concerned. Subsection (d) authorizes the Archivist to accept
and utilize voluntary and uncompensated services.
Section 2106 requires the Archivist to report to Congress in Jan-
uary of each year, and at such other times as the Archivist finds
appropriate, on the administration of the functions of the Archivist
and the Administration.
Section 102(b) adds several new definitions to section 2101 of title
44, U.S.C., which definitions apply throughout chapter 21 of title
44, U.S.C.:
(1) "Archivist" means the Archivist of the United States appoint-
ed under section 2103 as added by section 102(a).
(2) "Administration" means the National Archives and Records
Administration established under section 2102 as amended by sec-
tion 101.
(3) "Federal agency" means any executive or military depart-
ment, government corporation, Government-controlled corporation,
or other establishment in the executive branch of the Government
(including the Executive Office of the President), any independent
regulatory agency, or any establishment in the legislative or judi-
cial branch of the Government (except the Senate and the House of
Representatives). This definition applies in chapter 21 notwith-
standing the application of a narrower definition of "Federal
agency" (from section 3 of the Federal Property and Administra-
tive Services Act of 1949) to chapters 21, 25, 29, 31, and 33 of title
44, U.S.C., pursuant to section 2901(13) of such title.
Section 102(c) provides the new table of contents of chapter 21 of
title 44, U.S.C., and the amended item relating to chapter 21 in the
table of chapters for such title.
Section 103?Transfers
Section 103(a) transfers the National Archives and Records Serv-
ice of the General Services Administration to the National Ar-
chives and Records Administration, established by section 2102,
title 44, as amended by Section 101 of the bill.
Section 103(b) transfers to the Archivist functions assigned to the
Administrator of General Services under Executive Orders 10530
(relating to documents and the Administrative Committee of the
Federal Register); 11440 (relating to supplemental use of Federal
exhibits and displays); and 12356 (relating to national security in-
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formation and the Information Security Oversight Office), and
Public Laws 89-169 (relating to the Lyndon Baines Johnson Presi-
dential Archival Depository) and 89-547 and 95-34 (relating to the
John Fitzgerald Kennedy Library).
Section 103(c) provides that, prior to appointment and confirma-
tion of an Archivist pursuant to section 2103 as amended, the indi-
vidual holding the office of Archivist of the United States on the
day before the effective date of this Act may serve as Archivist and
be compensated at the rate provided under section 2103(b) as
amended.
Section 104?Transfer of Personnel
Section 104(a) provides that the personnel employed in connec-
tion with, and the assets, etc., made available in connection with
the functions and agencies transferred by the Act are transferred
to the Archivist for appropriate allocation, subject to section 1531
of title 31, U.S.0 (relating to transfers of functions and activities
generally); that a percentage of the funds and associated positions
in the General Management and Administration appropriation for
the General Services Aministration, proportionate to the percent-
age of National Archives and Records Service employees in the
General Services Administration, is transferred to the Archivist for
appropriate allocation; and that unexpended funds transferred pur-
suant to this subsection shall be used only for the purposes for
which they were originally authorized and appropriated.
Section 104(b) requires that the transfer of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions not cause any such employees to be
separated or reduced in grade or compensation for one year after
such transfer or after the effective date of this Act, whichever is
later.
Section 105?Savings Provisions
Section 105(a) provides that all actions taken in the performance
of any function transferred by this Act shall continue in effect
until modified, terminated, superseded, set aside, or revoked in ac-
cordance with law by any authorized official, a court of competent
jurisdiction, or by operation of law.
Section 105(b) provides that transfers of functions made by this
Act shall not affect any proceedings pending on the effective date
of this Act before the General Services Administration, but shall be
continued; that nothing in this subsection shall be deemed to pro-
hibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if this
Act had not been enacted; and that the Archivist is authorized to
promulgate regulations providing for the orderly transfer of pro-
ceedings from the General Services Administration to the Adminis-
tration.
Section 105(c) provides that, except as provided in subsection (e),
the provisions of this Act shall not affect actions commenced prior
to the effective date of this Act and, in all such actions, proceedings
shall be had, appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been enacted.
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Section 105(d) provides that no action or other proceeding lawful-
ly commenced by or against any officer of the United States acting
in his or her official capacity shall abate by reason of any transfer
of functions by this Act, nor shall any cause of action by or against
the General Services Administration or by or against any officer
thereof in the official capacity of such officer abate by reason of
any such transfer of functions.
Section 105(e) provides that if, before the date on which this Act
takes effect, the General Services Administration or any officer
thereof in the official capacity of such officer, is a party to an
action, and under this Act any function in connection with such
action is transferred to the Archivist or any other official of the
Administration, then such action shall be continued with the Ar-
chivist or other appropriate official of the Administration substitut-
ed or added as a party.
Section 105(f) provides that orders and actions of the Archivist
exercising functions transferred by this Act shall be subject to judi-
cial review the same as if such orders and actions had been by the
individual holding the office of Archivist on the day before the ef-
fective date of this Act or the Administrator of General Services in
the exercise of such functions immediately preceding their trans-
fer; and that statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function transferred by this Act shall apply to the exercise thereof
by the Archivist.
Section 106?Reference
Section 106 provides that, with respect to any functions trans-
ferred by this Act and exercised after the effective date of this Act,
reference in any other Federal law to the office of the Archivist of
the United States as in existence on the date before the effective
date of this Act, or the National Archives and Records Service of
the General Services Administration, or any office or officer there-
of, shall be deemed to refer to the Archivist or the Administration.
Section 107?Conforming Amendments
Section 107 amends current laws to conform them to reflect the
establishment of the National Archives and Records Administra-
tion as an independent entity within the executive branch and the
transfer of current authorities and responsibilities for archival, cer-
tain records management, and other functions from the Adminis-
trator of General Services to the Archivist of the United States. As
used in this section-by-section analysis, the reference to "conform-
ing amendments" means the relacement of references to the "Ad-
ministrator of General Services' (or "Administrator") and "Gener-
al Services Administration" with references to the "Archivist" and
"National Archives and Records Administration" respectively, and
the renumbering of sections pursuant to section 102(a)(1). Several
sections of current law (specifically, sections 2111, 2904, and 2906 of
title 44, U.S.C.) have been rewritten to effect a statutory codifica-
tion of the existing division of authorities for records management
functions as delegated by the Administrator of General Services to
the Archivist of the United States and the Assistant Administrator,
Office of Information Resources Managements, on January 13, 1982
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Section 107(a) makes conforming amendments to sections 2107
through 2118, title 44, U.S.C, as those sections are renumbered by
Section 102(a)(1) of the bill. Section 2115 (current law section 2111)
is rewritten to reflect the shared authority of the Archivist and the
Administrator of General Services in carrying out their respective
duties under title 44 to obtain reports from Federal agencies and
correction of violations of provisions of chapters 21, 25, 29, 31, and
33 of title 44.
Section 107(b) makes conforming amendments to other chapters
of title 44, U.S.C.
Subparagraph (1) Makes conforming amendments to chapter 7
relating to transmitting to the Public Printer, revising for correc-
tion, and making marginal notes in new Public Laws and joint res-
olutions.
Subparagraphs (2) and (3) make conforming amendments to chap-
ter 15 regarding the issuance of the Federal Register and the Code
of Federal Regulations.
Subparagraph (4) strikes out a provision in chapter 15 prohibit-
ing the use of certain authority of the Administrator of General
Services to regroup, transfer, and distribute functions within GSA.
Similar provisions in chapters 23 and 25 are stricken by subpara-
graphs (7) and (8).
Subparagraph (5) make a conforming amendment to chapter 17
regarding the receipt of certain congressional documents from the
Public Printer.
Subparagraph (6) makes a conforming amendment to chapter 22
regarding presidential records. All authority in the President
Records Act of 1978, P.L. 95-591, was vested directly in the Archi-
vist.
Subparagraphs (9) through (11) make conforming amendments to
chapter 25 pertaining to the National Historical Publications and
Records Commission, including the authorization for its grants pro-
gram which was most recently reauthorized through fiscal year
1988 by Public Law 98-189.
Subparagraphs (12) through (17) make conforming amendments
to chapter 29, regarding the respective records management func-
tions of the Archivist and the Administrator of General Services.
Those respective functions are delineated in section 2904 which is
rewritten by subparagraph (15). The Archivist shall provide guid-
ance and assistance to Federal agencies with respect to ensuring
adequate and proper documentation of the policies and transac-
tions of the Federal Government and ensuring proper records dis-
position. The Administrator shall provide guidance and assistance
to Federal agencies to ensure economical and effective records
management by such agencies. This revision of section 2904 does
not expand the authorities in current law 2904 but rather divides
those authorities between the Archivist and the Administrator of
General Services, and thus codifies the existing division of these
authorities, as delegated by the Administrator of General Services
on January 13, 1982. Similarly, Subparagraph (16) rewrites current
law section 2906 to provide the inspection authority granted in that
section to both the Archivist and the Administrator for the purpose
of carrying out their respective records management duties. And,
as with the revision of section 2904, this revision of section 2906
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does not expand the authority to inspect in current law section
2906, but rather ensures that this authority is available to both the
Archivist and the Administrator in carrying out their respective
records management responsibilities.
Subparagraphs (18) through (21) make conforming amendments
to chapter 31 regarding the records management responsibilities of
Federal agencies and the respective records management responsi-
bilities of the Archivist and the Administrator.
Subparagraphs (22) through (24) make conforming amendments
to chapter 33 regarding the disposal of records. Substantive amend-
ments to chapter 33 are made by sections 204 and 205 of the bill.
Subparagraphs (25) and (26) make conforming amendments to
the Paperwork Reduction Act (44 U.S.C. 305 et seq.) to reflect the
respective responsibilities of the Archivist and the Administrator of
General Services regarding records management.
Section 107(c) makes conforming amendments to the Presidential
Recordings and Materials Preservation Act (current 44 U.S.C. 2107
note).
Section 107(d) makes conforming amendments to title 1, U.S.C.,
regarding the receipt of Public Laws or joint resolutions, the pub-
lishing of newly-adopted Constitutional amendments, the prepara-
tion of the Statutes at Large, the authorization of the edition of the
laws and treaties of the United States published by Little and
Brown, and the dispensing with the publication in slip or pamphlet
form of the code of Laws of the United States and the District of
Columbia.
Section 107(e) makes conforming amendments to title 3, U.S.C.,
regarding the transmission of the credentials of Presidential Elec-
tors.
Section 107(f) makes conforming amendments to title 4, U.S.C.,
regarding the collection, preparation, and publication of the official
papers relating to the territories from which the States of the
United States were formed.
Section 107(g) makes conforming amendments to the Privacy Act
of 1974, specifically replacing references to the Administrator of
General Services in subsections (b)(6) and a)(1) of 5 U.S.C. 552a
with reference to the Archivist.
Section 107(h) amends section 5314 of title 5, U.S.C., adding the
Archivist of the United States to those executive branch officials
whose rate of pay is Level III.
Section 107(i) makes a conforming amendment to the Act of Oc-
tober 25, 1951 (25 U.S.C. 199a) regarding the prescription of rules
and regulations governing the custody of the records of Indian
tribes by the Oklahoma Historical Society of the State of Oklaho-
ma.
Section 108?Definitions
Section 108 provides definitions for the terms "Archivist", "Ad-
ministration", and "function", where those terms are used in sec-
tions 103 through 106 of the bill.
Section 109?Effective Date
Section 109 provides that the provisions of title I of the bill shall
be effective 120 days after the date of enactment of the bill.
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TITLE II
Section 201?Copying and Authenticating Charges
Section 201 amends section 2116(c) (current 2112(c)) to eliminate
the Archivist's authority to charge a fee up to 10 percent above the
cost of making reproductions and replace it with authority to
charge fees which may include increments of cost based on the esti-
mated replacement cost of equipment.
Section 202?National Archives Trust Fund Board
Section 202(a) amends sections 2302 through 2305 of title 44,
U.S.C., relating to the National Archives Trust Fund and the au-
thorities of the National Archives Trust Fund Board. Section 2302,
regarding the authority of the Board, is rewritten to eliminate the
Board's current authority to hire without regard to the civil service
laws, replacing it with authority to hire in the competitive service
and to utilize on a reimbursable basis the services and personnel of
the National Archives and Records Administration and of other
Federal agencies to assist in the administration of the trust fund
and in the preparation and publication of special works and collec-
tions and historical photographic materials and sound recordings.
Also, new section 2302(3) adds a duty to submit an annual report to
Congress, broken down by account, of income to and expenditures
from the trust fund. Section 2303 is amended to confine the usual
powers and obligations of a trustee, as possessed by the Board, to
such as are otherwise provided for in this chapter (Chapter 23, title
44, U.S.C.). Section 2304 is amended to remove the Board's author-
ity to compensate employees of the trust fund from the trust fund.
Section 2305 is amended to add the authority to solicit, as well as
accept, gifts or bequests and to require the moneys to be deposited
into the trust fund be so deposited within 10 working days of the
receipt thereof.
Section 202(b) rewrites section 2307 of title 44, U.S.C., relating to
the trust fund account, to eliminate a reference to the Division of
Disbursement of the Treasury Department and to provide that
sales of publications and releases and the issuance of vouchers au-
thorizing disbursements from the trust fund may be authorized by
the Archivist acting in his capacity of Archivist rather than, as in
current law, as Chairman of the National Archives Trust Fund
Board.
Section 203?Authority to Litigate
Section 203 amends sections 2905(a) and 3106, regarding, in perti-
nent part, the responsibility of agency heads to initiate action
through the Attorney General for the recovery of records unlawful-
ly removed from the agency, to require the Archivist to initiate
such an action through the Attorney General in any case in which
the agency head fails to initiate such an action within a reasonable
period of time after being notified of such unlawful action. The Ar-
chivist is also required to report the circumstances of any such fail-
ure of an agency head or of any refusal of the Attorney General to
initiate such an action to the appropriate Committees of the Con-
gress.
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Section 204?Inspection of Records
Section 204 amends section 3301 to provide the Archivist with
the authority to determine whether certain materials are "records"
as that term is defined in section 3301 and used, pursuant to sec-
tion 2901(1), in chapters 21, 25, 29, 31, and 33 of title 44, U.S.C. Sec-
tion 204 also requires the Archivist to establish, by regulation, de-
tailed criteria under which material shall be examined to deter-
mine if it is a record as defined in section 3301 and it authorizes
the Archivist to have access to such materials.
Section 205?Public Notice
Section 205 amends section 3303a(a) to require the Archivist to
publish notice in the Federal Register and provide an opportunity
for interested persons to submit comments on any proposed author-
ization of disposal of records pursuant to this section.
CHANGES IN EXISTING LAW MADE BY THE BILL, As REPORTED
In compliance with clause 3 of Rule XIII of the rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italic,
existing law in which no change is proposed is shown in roman):
TITLE 44, UNITED STATES CODE
Chap. Sec.
1. Joint Committee on Printing 101
3. Government Printing Office 301
5. Production and Procurement of Printing and Binding 501
7. Congressional Printing and Binding 701
9. Congressional Record 901
11. Executive and Judiciary Printing and Binding 1101
13. Particular Reports and Documents 1301
15. Federal Register and Code of Federal Regulations 1501
17. Distribution and Sale of Public Documents 1701
19. Depository Library Program 1901
[21. Archival Administration 21013
21. National Archives and Records Administration 2101
22. Presidential Records 2201
23. National Archives Trust Fund Board 2301
25. National Historical Publications and Records Commission 2501
[29. Records Management by Administrator of General Services 29013
2,9. Records Management by the Archivist of the United States and by the Ad-
ministrator of General Services 2901
Chapter 7?Congressional Printing and Binding
?710. Copies of Acts furnished to Public Printer
The [Administrator of General Services] Archivist of the
United States shall furnish to the Public Printer a copy of every
Act and joint resolution, as soon as possible after its approval by
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the President, or after it has become a law under the Constitution
without his approval.
? 711. Printing Acts, joint resolutions, and treaties
The Public Printer, on receiving from the [Administrator of
General Services] Archivist of the United States a copy of an Act
or joint resolution, or from the Secretary of State, a copy of a
treaty, shall print an accurate copy and transmit it in duplicate to
the [Administrator of General Services] Archivist of the United
States or to the Secretary of State, as the case may be, for revision.
On the return of one of the revised duplicates, he shall make the
marked corrections and print the number specified by section 709
of this title.
? 729. United States Statutes at Large: references in margins
The [Administrator of General Services] Archivist of the
United States shall include in the references in margins of the
United States Statutes at Large the number of the bill or joint res-
olution (designating S. for Senate bill, H.R. for House bill, S.J. Res.
for Senate joint resolution and H.J. Res. for House joint resolution,
as the case may be) under which each Act was approved and
became a law, the reference in the margins to be placed within
backets immediately under the date of the approval of the Act at
the beginning of each Act as printed beginning with Volume 32 of
the United States Statutes at Large.
CHAPTER 15-FEDERAL REGISTER AND CODE OF
FEDERAL REGULATIONS
?
-4
= * * * * * *
?
p ? 1502. Custody and printing of Federal documents; appointment
of Director
#
iThe [Administrator of General Services,] Archivist of the
United States, acting through the Office of the Federal Register, is
} charged with the custody and, together with the Public Printer,
r with the prompt and uniform printing and distribution of the docu-
ments required or authorized to be published by section 1505 of
this title. There shall be at the head of the Office a director, ap-
pointed by, and who shall act under the general direction of, the
r[Administrator of General Services] Archivist of the United
States, in carrying out this chapter and the regulations prescribed
junder it.
? 1503. Filing documents with Office; notation of time; public in-
spection; transmission for printing
The original and two duplicate originals or certified copies of a
document required or authorized to be published by section 1505 of
this title shall be filed with the Office of the Federal Register,
which shall be open for that purpose during all hours of the work-
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ing days when the National Archives Building is open for official
business. The [Administrator of General Services] Archivist of the
United States shall cause to be noted on the original and duplicate
originals or certified copies of each document the day and hour of
filing. When the original is issued, prescribed, or promulgated out-
side the District of Columbia, and certified copies are filed before
the filing of the original, the notation shall be of the day and hour
of filing of the certified copies. Upon filing at least one copy shall
be immediately available for public inspection in the Office. The
original shall be retained by the [General Services] National Ar-
chives and Records Administration and shall be available for in-
spection under regulations prescribed by the [Administrator] Ar-
chivist, unless such original is disposed of in accordance with dis-
posal schedules submitted by the Administrative Committee of the
Federal Register and authorized by the Administrator pursuant to
regulations issued under chapter 33 of this title; however, originals
?of proclamations of the President and Executive orders shall be
permanently retained by the Administration as part of the Nation-
al Archives of the United States. The Office shall transmit immedi-
ately to the Government Printing Office for printing, as provided
by this chapter, one duplicate original or certified copy of each doc-
ument required or authorized to be published by section 1505 of
this title. Every Federal agency shall cause to be transmitted for
filing the original and the duplicate originals or certified copies of
all such documents issued, prescribed, or promulgated by the
agency.
? 1506. Administrative Committee of the Federal Register; estab-
lishment and composition; powers and duties
The Administrative Committee of the Federal Register shall con-
sist of the Archivist of the United States of Acting Archivist, who
shall be chairman, an officer of the Department of Justice designat-
ed by the Attorney General, and the Public Printer or Acting
Public Printer. The Director of the Federal Register shall act as
secretary of the committee. [The authority of the Administrator of
General Services, under section 754 of title 40, to regroup, transfer
and distribute functions within the General Services Administra-
tion, does not extend to the Committee or its functions.] The com-
mittee shall prescribe, with the approval of the President, regula-
tions for carrying out this chapter. The regulations shall provide,
among other things?
(1) the manner of certification of copies required to be certi-
fied under section 1503 of this title, which certification may be
permitted to be based upon confirmed communications from
outside the District of Columbia;
(2) the documents which shall be authorized under section
1505(b) of this title to be published in the Federal Register.
(3) the manner and form in which the Federal Register shall
be printed, reprinted, and compiled, indexed, bound, and dis-
tributed;
(4) the number of copies of the Federal Register, which shall
be printed, reprinted, and compiled, the number which shall be
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distributed without charge to Members of Congress, officers
and employees, of the United States, or Federal agency, for of-
ficial use, and the number which shall be available for distri-
bution to the public; and
(5) the prices to be charged for individual copies of, and sub-
scriptions to, the Federal Register and reprints and bound vol-
umes of it.
CHAPTER 17?DISTRIBUTION AND SALE OF
PUBLIC DOCUMENTS
? 1714. Publications for use of General Services Administration
The Public Printer shall print and deliver to the [General Serv-
ices] National Archives and Records Administration for use by the
Archivist of the United States, including use by the Presidential Li-
brary established for the President during whose term the docu-
ments were issued, which shall be chargeable to Congress three
copies each of the following publications:
House documents and public reports, bound;
Senate documents and public reports, bound;
Senate and House journals, bound;
United States Statutes at Large, bound;
United States Code and Supplement, bound;
the United States Reports, bound;
all other documents bearing a congressional number, or
printed upon order of a committee in either House of Congress,
or of a department, independent agency or establishment, com-
mission, or officer of the Government, except confidential
matter, blank forms, and circular letters not of a public char-
acter; and
public bills and resolutions in Congress in each parliamenta-
ry stage.
The Superintendent of Documents shall furnish, without cost,
copies of publications available for free distribution.
[CHAPTER 21?ARCHIVAL ADMINISTRATION
[Sec.
[2101. Definitions.
[2102. Archivist of the United States.
[2103. Acceptance of records for historical preservation.
[2104. Responsibility for custody, use, and withdrawal of records.
[2105. Preservation, arrangement, duplication, exhibition of records.
[2106. Servicing records.
[2107. Material accepted for deposit.
[2108. Presidential archival depository.
[2109. Depository for agreements between States.
[2110. Preservation of motion-picture films, still pictures, and sound recordings.
[2111. Reports; correction of violations.
[2112. Legal status of reproductions; official seal; fees for copies and reproductions.
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[2113. Limitation on liability.
[2114. Records of Congress.]
CHAPTER 21?NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
Sec.
2101. Definitions.
2102. Establishment.
2103. Officers.
2104. Administrative provisions.
2105. Personnel and services.
2106. Reports to Congress.
2107. Acceptance of records for historical preservation.
2108. Responsibility for custody, use, and withdrawal of records.
210.9. Preservation, arrangement, duplication, exhibition of records.
2110. Servicing records.
2111. Material accepted for deposit.
2112. Presidential archival depository.
2113. Depository for agreements between States.
2114. Preservation of motion-picture films, still pictures, and sound recordings.
2115. Reports; correction of violations.
2116. Legal status of reproductions; official seal, fees for copies and reproductions.
2117. Limitation on liability.
2118. Records of Congress.
? 2101. Definitions
As used in [sections 2103-2113 of this title] this chapter?
(1) "Presidential archival depository" means an institution
operated by the United States to house and preserve the
papers and book of a President or former President of the
United States, together with other historical materials belong-
ing to a President or former President of the United States, or
related to his papers or to the events of his official or personal
life;
(2) "historical materials" including books, correspondence,
documents, papers, pamphlets, works of art, models, pictures,
photographs, plats, maps, films, motion pictures, sound record-
ings, and other objects or materials having historical or com-
memorative value [.];
(3) "Archivist" means the Archivist of the United States ap-
pointed under section 2103;
(4) "Administration" means the National Archives and
Records Administration established under section 2102; and
(5) "Federal agency", notwithstanding section 2901(13), means
any executive department, military department, Government
corporation, Government-controlled corporation, or other estab-
lishment in the executive branch of the Government (including
the Executive Office of the President), any independent regula-
tory agency, or any establishment in the legislative or judicial
branch of the Government (except the Senate and the House of
Representatives).
[? 2102. Archivist of the United States
[The Administrator of General Services shall appoint the Archi-
vist of the United States.]
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? 2102. Establishment
There shall be an independent establishment in the executive
branch of the Government to be known as the National Archives
and Records Administration. The Administration shall be adminis-
tered under the supervision and direction of the Archivist.
e 2103. Officers
(a) The Archivist of the United States shall be appointed by the
President by and with the advice and consent of the Senate. The Ar-
chivist shall be appointed without regard to political affiliations
and solely on the basis of the professional qualifications required to
perform the duties and responsibilities of the office of Archivist.
The Archivist may be removed from office by the President. The
President shall communicate the reasons for any such removal to
each House of the Congress.
(b) The Archivist shall be compensated at the rate provided for
level III of the Executive Schedule under section 5314 of title 5.
(c) There shall be in the Administration a Deputy Archivist of the
United States, who shall be appointed by and who shall serve at the
pleasure of the Archivist. The Deputy Archivist shall be established
as a career reserved position in the Senior Executive Service within
the meaning of section 3132(a)(8) of title 5. The Deputy Archivist
shall perform such functions as the Archivist shall designate.
During any absence or disability of the Archivist, the Deputy Archi-
vist shall act as Archivist. In the event of a vacancy in the office of
the Archivist, the Deputy Archivist shall act as Archivist until an
Archivist is appointed under subsection (a).
? 2104. Administrative provisions
(a) The Archivist shall prescribe such policies, standards, criteria,
procedures, rules, and regulations as the Archivist finds necessary
or appropriate to carry out the functions of the Administration. The
head of each Federal agency shall issue such orders and directives
as may be necessary to conform the activities of the agency with the
policies, standards, criteria, procedures, rules, and regulations pre-
scribed by the Archivist.
(b) Except as otherwise expressly provided by law, the Archivist
may delegate functions to designated officers and employees of the
Administration, and may authorize such successive redelegations of
such functions as the Archivist may deem to be necessary or appro-
priate. A delegation of functions by the Archivist shall not relieve
the Archivist of responsibility for the administration of such func-
tions.
(c) The Archivist is authorized to establish, maintain, alter, or
discontinue such regional, local or other field offices as the Archi-
vist finds necessary or appropriate to perform the functions of the
Archivist or the Administration.
(d) The Archivist may establish advisory committees to advise
him with respect to any function of the Archivist or the Administra-
tion. Members of any such committee shall serve without compensa-
tion but shall be entitled to transportation expenses and per diem in
lieu of subsistence in accordance with section 5703 of title 5.
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(e) The Archivist shall advise and consult with interested Federal
agencies with a view to obtaining their advice and assistance in car-
rying out the purposes of this chapter.
(f) Each Federal agency is required to furnish to the Archivist,
upon request, any information or other data which the Archivist
finds necessary to carry out the duties of the Archivist.
(g) If authorized by the Archivist, officers and employees of the
Administration having investigatory functions are empowered,
while engaged in the performance of their duties in conducting in-
vestigations, to administer oaths.
? 2105. Personnel and services
(a) The Archivist is authorized to select, appoint, employ, and fix
the compensation of such officers and employees, pursuant to part
III of title 5, as are necessary to perform the functions of the Archi-
vist and the Administration.
(b) The Archivist is authorized to obtain the services of experts
and consultants under section 3109 of title 5.
(c) Notwithstanding the provisions of section 973 of title 10 or any
other provision of law, the Archivist, in carrying out the functions
of the Archivist or the Administration, is authorized to utilze in the
Administration the services of officials, officers, and other personnel
in other Federal agencies, including personnel of the armed services,
with the consent of the head of the agency concerned.
(d) The Archivist is authorized to accept and utilize voluntary
and uncompensated services.
? 2106. Reports of Congress
The Archivist shall submit to the Congress, in January of each
year and at such other times as the Archivist finds appropriate, a
report concerning the administration of functions of the Archivist
and the Administration.
? [2103.] 2107. Acceptance of records of historical preservation
When it appears to the [Administrator of General Services] Ar-
chivist to be in the public interest, he may?
(1) accept for deposit with the National Archives of the
United States the records of a Federal agency or the Congress
determined by the Archivist of the United States to have suffi-
cient historical or other value to warrant their continued pres-
ervation by the United States Government;
(2) direct and effect the transfer to the National Archives of
the United States of records of a Federal agency that have
been in existence for more than thirty years and determined
by the Archivist of the United States to have sufficient histori-
cal or other value to warrant their continued preservation by
the United States Government, unless the head of the agency
which has custody of them certified in writing to the [Admin-
istrator] Archivist that they must be retained in his custody
for use in the conduct of the regular current business of the
agency;
(3) direct and effect, with the approval of the head of the
originating agency, or if the existence of the agency has been
terminated, then with the approval of his successor in func-
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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; title to the
records to remain vested in the United States unless otherwise
authorized by Congress; and
(4) transfer materials from private sources authorized to be
received by the [Administrator] Archivist by section [2107]
2111 of this title.
? [2104.] 2108. Responsibility for custody, use, and withdrawal of
records
(a) The [Administrator of General Services] Archivist shall be
responsible for the custody, use, and withdrawal of records trans-
ferred to him. When records, the use of which is subject to statuto-
ry limitations and restrictions, are so transferred, permissive and
restrictive statutory provisions with respect to the examination and
use of records applicable to the head of the agency from which the
records were transferred or to employees of that agency are appli-
cable to [the Administrator, the Archivist of the United States,
and to the employees of the General Services Administration,] the
Archivist and to the employees of the National Archives and
Records Administration, respectively. Except as provided in subsec-
tion (b) of this section, when the head of a Federal agency states, in
writing, restrictions that appear to him to be necessary or desirable
in the public interest with respect to the use or examination of
records being considered for transfer from his custody to the [Ad-
ministrator of General Services,] Archivist, the [Administrator]
Archivist shall, if he concurs, [and in consultation with the Archi-
vist of the United States,] impose such restrictions on the records
so transferred, and may not relax or remove such restrictions with-
out the written concurence of the head of the agency from which
the material was transferred, or of his successor in function, if any.
In the event that a Federal agency is teminated and there is no
successor in function, the [Administrator] Archivist, is authorized
to relax, remove, or impose restrictions on such agency's records
when he determines that such action is in the public interest. Stat-
utory and other restrictions referred to in this subsection shall
remain in force until the records have been in existence for thirty
years unless the [Administrator of General of Services] Archivist,
by order, having consulted with [the Archivist and] the head of
the transferring Federal agency or his successor in function, deter-
mines, with respect to specific bodies of records, that for reasons
consistent with standards established in relevant statutory law,
such restrictions shall remain in force for a longer period. Restric-
tion on the use or examination of records deposited with the Na-
tional Archives of the United States imposed by section 3 of the
National Archives Act, approved June 19, 1934, shall continue in
force regardless of the expiration of the tenure of office of the offi-
cial who imposed them but may be removed or relaxed by the [Ad-
ministrator] Archivist, with the concurrence in writing of the
head of the agency from which material was transferred or of his
successor in function, if any.
(b) With regard to the census and survey records of the Bureau
of the Census containing data identifying individuals enumerated
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in population censuses, any release pursuant to this section of such
identifying information contained in such records shall be made by
the [Administrator of General Services] Archivist, pursuant to
the specifications and agreements set forth in exchange of corre-
spondence on or about the date of October 10, 1952, between the
Director of the Bureau of the Census and the Archivist of the
United States, together with all amendments thereto, now or here-
after entered into between the Director of the Bureau of the
Census and the Archivist of the Unites States. Such amendments,
if any, shall be published in the Register.
? [2105.] 2109. Preservation, arrangement, duplication, exhibi-
tion of records
The [Administrator of General Services] Archivist shall provide
for the preservation, arrangement, repair and rehabilitation, dupli-
cation and reproduction (including microcopy publications), descrip-
tion, and exhibition of records or other documentary material
transferred to him as may be needful or appropriate, including the
preparation and publication of inventories, indexes, catalogs, and
other finding aids or guides to facilitate their use. He may also pre-
pare guides and other finding aids to Federal records and, when ap-
proved by the National Historical Publications and Records Com-
mission, publish such historical works and collections of sources as
seem appropriate for printing or otherwise recording at the public
expense.
? [21061 2110. Servicing records
The [Administrator of General Services] Archivist shall provide
and maintain facilities he considers necessary or desirable for serv-
icing records in his custody that are not exempt from examination
by statutory or other restrictions.
? [2107.3 2111. Material accepted for deposit
When the [Administrator of General Services] Archivist consid-
ers it to be in the public interest he may accept for deposit?
(1) the papers and other historical materials of a President
or former President of the United States, or other official or
former official of the Government, and other papers relating to
and contemporary with a President or former President of the
United States, subject to restrictions agreeable to the [Admin-
istrator] Archivist as to their use; and
(2) documents, including motion-picture films, still pictures,
and sound recordings, from private sources that are appropri-
ate for preservation by the Government as evidence of its orga-
nization, functions, policies, decisions, procedures, and transac-
tions.
This section shall not apply in the case of any Presidential records
which are subject to the provisions of chapter 22 of this title.
? [2108.3 2112. Presidential archival depository
(a) When the [Administrator of General Services] Archivist con-
siders it to be in the public interest he may accept, for and in the
name of the United States, land, buildings, and equipment offered
as a gift to the United States for the purposes of creating a Presi-
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dential archival depository, and take title to the land, buildings,
and equipment on behalf of the United States, and maintain, oper-
ate, and protect them as a Presidential archival depository, and as
part of the national archives system; and make agreements, upon
terms and conditions he considers proper, with a State, political
subdivision, university, institution of higher learning, institute, or
foundation to use as a Presidential archival depository land, build-
ings, and equipment of the State, subdivision, university, or other
organization, to be made available by it without transfer of title to
the United States, and maintain, operate, and protect the deposito-
ry as a part of the national archives system.
The [Administrator] Archivist shall submit a report in writing
on a proposed Presidential archival depository to the President of
the Senate and the Speaker of the House of Representatives, and
include?
a description of the land, buildings, and equipment offered as
a gift or to be made available without transfer of title;
a statement of the terms of the proposed agreement, if any;
a general description of the types of paper, documents, or
other historical materials proposed to be deposited in the Presi-
dential archival depository so to be created, and of the terms of
the proposed deposit;
a statement of the additional improvements and equipment,
if any, necessary to the satisfactory operation of the depository,
together with an estimate of the cost; and
an estimate of the annual cost to the United States of main-
taining, operating, and protecting the depository.
The [Administrator] Archivist may not take title to land, build-
ings, and equipment or make an agreement, until the expiration of
the first period of 60 calendar days of continuous session of the
Congress following the date on which the report is transmitted,
computed as follows:
Continuity of session is broken only by an adjournment sine die,
but the days on which either House is not in session because of an
adjournment of more than three days to a day certain are ex-
cluded.
(b) When the [Administrator] Archivist considers it to be in the
public interest, he may deposit in a Presidential archival deposito-
ry papers, documents, or other historical materials accepted under
section [2107] 2111 of this title, or Federal records appropriate for
preservation.
(c) When the [Administrator] Archivist considers it to be in the
public interest, he may exercise, with respect to papers, documents,
or other historical materials deposited under this section, or other-
wise, in a Presidential archival depository, all the functions and re-
sponsibilities otherwise vested in him pertaining to Federal records
or other documentary materials in his custody or under his control.
The [Administrator,] Archivist, in negotiating for the deposit of
Presidential historical materials, shall take steps to secure to the
Government, as far as possible, the right to have continuous and
permanent possession of the materials. Papers, documents, or other
historical materials accepted and deposited under section [2107]
2111 of this title and this section are subject to restrictions as to
their availability and use stated in writing by the donors or deposi-
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tors, including the restriction that they shall be kept in Presiden-
tial archival depository. The restrictions shall be respected for the
period stated, or until revoked or terminated by the donors or de-
positors or by persons legally qualified to act on their behalf. Sub-
ject to the restrictions, the [Administratorl Archivist may dis-
pose by sale, exchange, or otherwise, of papers, documents, or other
materials which the Archivist determines to have no permanent
value or historical interest or to be surplus to the needs of a Presi-
dential archival depository. Only the first two sentences of this sub-
section shall apply to Presidential records as defined in section
2201(2) of this title.
(d) When the [Administrator] Archivist considers it to be in the
public interest, he may cooperate with and assist a university, in-
stitution of higher learning, institute, foundation, or other organi-
zation or qualified individual to further or to conduct study or re-
search in historical materials deposited in a Presidential archival
depository.
(e) When the [Administrator] Archivist considers it to be in the
public interest, he may charge and collect reasonable fees for the
privilege of visiting and viewing exhibit rooms or museum space in
a Presidential archival depository.
(f) When the [Administrator] Archivist considers it to be in the
public interest, he may provide reasonable office space in a Presi-
dential archival depository for the personal use of a former presi-
dent of the United States.
(g) When the [Administrator] Archivist considers it be in the
public interest, he may accept gifts or bequests of money or other
property for the purpose of maintaining, operating, protecting, or
improving a Presidential archival depository. The proceeds of gifts
or bequests, together with the proceeds from fees or from sales of
historical materials, copies or reproductions, catalogs, or other
items, having to do with a Presidential archival depository, shall be
paid into the National Archives Trust Fund to be held, adminis-
tered, and expended for the benefit and in the interest of the Presi-
dential archival depository in connection? with which they were re-
ceived, including administrative and custodial expenses as the
[Administrator] Archivist determines.
?[21091 2113. Depository for agreements between States
The [Administrator of General Services] Archivist may receive
duplicate originals or authenticated copies of agreements or com-
pacts entered into under the Constitution and laws of the United
States, between States of the Union, and take necessary actions for
their preservation and servicing.
?[2110.] 2114. Preservation of motion-picture films, still pictures,
and sound recordings
The [Administrator of General Services] Archivist may make
and preserve motion-picture films, still pictures, and sound record-
ings pertaining to and illustrative of the historical development of
the United States Government and its activities, and provide for
preparing, editing titling, scoring, processing, duplicating, repro-
ducing, exhibiting, and releasing for non-profit educational pur-
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poses, motion-picture films, still pictures, and sound recordings in
his custody.
? [2111.3 2115. Reports; correction of violations
[(a) When the Administrator of General Services considers it
necessary, he may obtain reports from Federal agencies on their
activities under chaptes 21, 25, 27, 29, 31, and 33 of this title.
[(b) When the Administrator finds that a provision of chapter
21, 25, 27, 29, 31, or 33 of this title has been or is being violated, he
shall inform in writing the head of the agency concerned of the vio-
lation and make recommendations for its correction. Unless correc-
tive measures satisfactory to the Administrator are inaugurated
within a reasonable time, the Administrator shall submit a written
report of the matter to the President and the Congress.]
(a) In carrying out their respective duties and responsibilities
under chapters 21, 25, 29, 31, and Si' of this title, the Archivist and
the Administrator may each obtain reports from Federal agencies on
such agency's activities under such chapters.
(b) When either the Archivist or the Administrator finds that a
provision of any such chapter has been or is being violated, the Ar-
chivist or the Administrator shall (1) inform in writing the head of
the agency concerned of the violation and make recommendations
for its correction; and (2) unless satisfactory corrective measures are
inaugurated within a reasonable time, submit a written report of
the matter to the President and the Congress.
? [2112.3 2116. Legal status of reproductions; official seal; fees
for copies and reproductions
(a) When records that are required by statute to be retained in-
definitely have been reproduced by photographic, microphotogra-
phic, or other processes, in accordance with standards established
by the [Administrator or General Services] Archivist the indefi-
nite retention by the photographic, microphotographic, or other re-
productions constitutes compliance with the statutory requirement
for the indefinite retention of the original records. The reproduc-
tions, as well as reproductions made under regulations to carry out
chapter 21, 29, 31, and 33 of this title, shall have the same legal
status as the originals.
(b) There shall be an official seal for the National Archives of the
United States which shall be judicially noticed. When a copy or re-
production, furnished under this section, is authenticated by the of-
ficial seal and certified by the [Administrator], Archivist, the
copy or reproduction 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-
cent above the costs or expenses for making or authenticating
copies or reproductions of materials transferred to his custody.
Fees shall be paid into, administered, and expended as a part of the
National Archives Trust Fund. He may not charge for making or
authenticating copies or reproductions of materials for official use
by the United States Government. Reimbursement may be accept-
ed to cover the cost of furnishing copies or reproductions that could
not otherwise be furnished.]
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(c) The Archivist may charge a fee set to recover the costs for
making or authenticating copies or reproductions of materials trans-
ferred to his custody. Such fee shall be fixed by the Archivist at a
level which will recover, so far as practicable, all elements of such
costs, and may, in the Archivist's discretion, include increments for
the estimated replacement cost of equipment. Such fees shall be paid
into, administered, and expended as a part of the National Archives
Trust Fund. The Archivist may not charge for making or authenti-
cating copies or reproductions of materials for official use by the
United States Government unless appropriations available to the
Archivist for this purpose are insufficient to cover the. cost of per-
forming the work.
? [2113.] 2117. Limitation on liability
When letters and other intellectual productions (exclusive of pat-
ented material, published works under copyright protection, and
unpublished works for which copyright registration has been made)
come into the custody or possession of the [Administrator of Gen-
eral Services] Archivist the United States or its agents are not
liable for infringement of copyright or analogous rights arising out
of use of the materials for display, inspection, research, reproduc-
tion, or other purposes.
? [2114.] 2118. Records of Congress
The Secretary of the Senate and the Clerk of the House of Repre-
sentatives, acting jointly, shall obtain at the close of each Congress
all the noncurrent records of the Congress and of each congression-
al committee and transfer them to the [General Services] Nation-
al Archives and Records Administration for preservation, subject to
the orders of the Senate or the House of Representatives, respec-
tively.
CHAPTER 22?PRESIDENTIAL RECORDS
? 2204. Restrictions on access to Presidential records
(a) '
(c)(1) Subject to the limitations on access imposed pursuant to
subsections (a) and (b), Presidential records shall be administered
in accordance with section 552 of title 5, United States Code, except
that paragraph (bX5) of that section shall not be available for pur-
poses of withholding any Presidential record, and for the purposes
of such section such records shall be deemed to be records of the
National Archives and Records [Service of the General Services]
Administration. Access to such records shall be granted on nondis-
criminatory terms.
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? 2205. Exceptions to restricted access
Notwithstanding any restrictions on access imposed pursuant to
section 2204?
(1) the Archivist and persons employed by the National Ar-
chives and Records [Service of the General Services] Admin-
istration who are engaged in the performance of normal archi-
val work shall be permitted access to Presidential records in
the custody of the Archivist;
(2) subject to any rights, defenses, or privileges which the
United States or any agency or person may invoke, Presiden-
tial records shall be made available?
(A) pursuant to subpena or other judicial process issued
by a court of competent jurisdiction for the purposes of
any civil or criminal investigation proceeding;
(B) to an incumbenty President if such records contain
information that is needed for the conduct of current busi-
ness of his office and that is not otherwise available; and
(C) to either House of Congress, or, to the extent of
matter within its jurisdiction, to any committee or subcom-
mittee thereof if such records contain information that is
needed for the conduct of its business and that is not oth-
erwise available; and
(3) the Presidential records of a former President shall be
available to such former President or his designated represent-
ative.
CHAPTER 23-NATIONAL ARCHIVES TRUST FUND
BOARD
Sec.
2301. Establishment of Board; membership.
2302. Authority of Board; seal; (employees;] services; annual report; bylaws, rules,
regulations.
? 2301. Establishment of Board; membership
The National Archives Trust Fund Board shall consist of the Ar-
chivist of the United States, as Chairman, and the Secretary of the
Treasury and the Chairman of the National Endowment for the
Humanities. [The authority of the Administrator of General Serv-
ices under section 754 of title 40 to regroup, transfer, and distribute
functions within the General Services Administration does not
extend to the Board or its functions.] Membership on the Board is
not an office within the meaning of the statutes of the United
States.
[? 2302. Authority of Board; seal; employees; bylaws, rules, regu-
lations
[In carrying out the purposes of this chapter, the Board may?
[(1) adopt an official seal, which shall be judicially noticed;
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[(2) appoint, or authorize the Chairman to appoint, without
regard to the civil-service laws, necessary employees, and fix
their duties; and
[(3) adopt bylaws, rules, and regulations necessary for the
administration of its functions under this chapter.
[? 2303. Powers and obligations of Board; liability of members
[The Board shall have all the usual powers and obligations of a
trustee with respect to property and funds administered by it, but
the members of the Board are not personally liable, except for mal-
feasance.
[? 2304. Compensation of members; availability of trust funds for
expenses of Board
[Compensation may not be paid to the members of the Board for
their services as members. Costs incurred by the Board in carrying
out its duties under this chapter, including the expenditures neces-
sarily made by the members of the Board in the performance of
their duties and the compensation of persons employed by the
Board, shall be paid out of income from trust funds available to the
Board for the purpose. Unless otherwise restricted by the instru-
ment of gift or bequest, the Board, by resolution, may authorize the
Chairman to use for these purposes, or for any other purpose, for
which funds may be expended under this chapter, the principal of
a gift or bequest accepted under this chapter.
[? 2305. Acceptance of gifts
[The Board may accept, receive, hold, and administer gifts or be-
quests of money, securities, or other personal property, for the ben-
efit of or in connection with the national archival and records ac-
tivities administered by the General Services Administration as
may be approved by the Board.]
? 2302. Authority of the Boar* seak services; annual repor4 bylaws;
rules; regulations
In carrying out the purposes of this chapter, the Board?
(1) may adopt an official seal, which shall be judicially no-
ticed;
(2) may utilize on a reimbursable basis the services and per-
sonnel of the National Archives and Records Administration
necessary (as determined by the Archivist to assist the Board in
the administration of the trust fund, and in the preparation
and publication of special works and collections of sources and
preparation, duplication, editing, and release of historical pho-
tographic materials and sound recordings, and may utilize on a
reimbursable basis the services and personnel of other Federal
agencies for such purposes;
(3) shall submit to the Congress an annual report, by account,
of the moneys, securities, and other personal property received
and held by it, and of its operations, which shall include a list-
ing of the purposes for which funds are transferred to the Na-
tional Archives and Records Administration for expenditure
and to other Federal agencies;
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(4) may adopt bylaws, rules, and regulations necessary for the
administration of its functions under this chapter,. and
(5) may, subject to the laws and regulations governing ap-
pointments in the competitive service, appoint and fix the com-
pensation of such personnel as may be necessary to carry out its
functions.
? 2303. Powers and obligations of the Board liability of members
Except as otherwise provided by this chapter, the Board shall
have all the usual powers and obligations of a trustee with respect
to property and funds administered by it, but the members of the
Board are not personnally liable, except for malfeasance.
? 2304. Compensation of members; availability of trust funds for ex-
penses of the Board
Compensation may not be paid to the members of the Board for
their services as members. Costs incurred by the Board in carrying
out its duties under this chapter, including the obligations necessar-
ily incurred by the members of the Board in the performance of
their duites, shall be paid by the Archivist of the United States
from trust funds available to the Board for this purpose. The
Board, by resolution, may authorize the transfer of funds (including
the principal or interest of a gift or bequest) to the National Ar-
chives and Records Administration to be expended on an archival
or records activity approved by the Board or to accomplish the pur-
pose of a gift or bequest.
? 2305. Acceptance of gifts
The Board may solicit and accept gifts or bequests of money, secu-
rities, or other personal property, for the benefit of or in connection
with the national archival and records activities administered by
the National Archives and Records Administration. Moneys that
are for deposit into the trust fund shall be deposited within 10
working days of the receipt thereof
[? 2307. Trust fund account; disbursements; sales of publications
and releases
[The income from trust funds held by the Board, and the pro-
ceeds from the sale of securities and other personal property, as
and when collected, shall be covered into the Treasury of the
United States in a trust fund account to be known as the National
Archives Trust Fund, subject to disbursement by the Division of
Disbursement, Treasury Department, on the basis of certified
vouchers of the Chairman or his authorized agent, unless otherwise
restricted by the instrument of gift or bequest, for and in the inter-
est of the national archival and records activities administered by
the General Services Administration, including but not restricted
to the preparation and publication of special works and collections
of sources and the preparation, duplication, editing, and release of
historical photographic materials and sound recordings. The Chair-
man may sell publications and releases authorized by this section
and paid for out of the income derived from trust funds at a price
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which will cover their cost plus 10 percent, and moneys received
from these sales shall be paid into, administered, and expended as
part of the National Archives Trust Fund.]
? 2307. Trust fund account; disbursements; sale of publications and
releases
The income from trust funds held by the Board and the proceeds
from the sale of securities and other personal property, as and when
collected, shall be covered into the Treasury of the United States in
a trust fund account to be known as the National Archives Trust
Fund, subject to disbursement on the basis of certified vouchers of
the Archivist of the United States (or his designee) for activities ap-
proved by the Board and in the interest of the National archival
and records activities administered by the National Archives and
Records Administration, including but not restricted to the prepara-
tion and publication of special works, and collections of sources and
the preparation, duplication, editing, and release of historical pho-
tographic materials and sound recordings. The Archivist may sell
publications and releases authorized by this section and paid for
out of the income derived from trust funds at a price which will
cover their cost, plus 10 percent, and moneys received from these
sales shall be paid into, administered, and expended as part of the
National Archives Trust Fund
CHAPTER 25?NATIONAL HISTORICAL
PUBLICATIONS AND RECORDS COMMISSION
? 2501. Creation; composition; appointment and tenure
The National Historical Publications and Record Commission
shall consist of the Archivist of the United States (or an alternate
designated by him), who shall be Chairman; the Librarian of Con-
gress (or an alternate designated by him); one Senator to be ap-
pointed, for a term of four years, by the President of the Senate;
one Representative to be appointed, for a term of two years, by the
Speaker of the House of Representatives; one member of the judi-
cial branch of the Government 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 Depart-
ment of Defense to be appointed, for a term of four years, by the
Secretary of Defense; two members of the American Historical As-
sociation to be appointed for terms of four years by the council of
the Association; two members of the Organization of American His-
torians to be appointed for terms of four years by the Executive
Board of the Organization, one of whom shall be appointed for an
initial term of two years, and whose successors shall each serve
four years; two members of the Society of American Archivists to
be appointed, for terms of four years, by the Society of American
Archivists; two members of the American Association for State and
Local History to be appointed, for terms of four years, by the
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American Association for State and Local History; and two other
members outstanding in the fields of the social or physical science
to be appointed for terms of four years by the President of the
United States.
The Commissions shall meet annually and on call of the Chair-
man.
[The authority of the Administrator of General Service under
section 754 of title 40 to regroup, transfer, and distribute functions
within the general Services Admininstration does not extend to the
Commission or its functions.]
?2504. Duties; authorization of grants for collection, reproduc-
tion, and publication of documentary historical source
material
(a) The Commission shall make plans, estimates, and recommen-
dations for historical works and collections of sources, it considers
appropriate for printing or otherwise recording at the public ex-
pense. It shall also cooperate with and encourage appropriate Fed-
eral, State, and local agencies and nongovernmental institutions,
societies, and individuals in collecting and preserving and, when it
considers it desirable, in editing and publishing the papers of out-
standing citizens of the United States, and other documents as may
be important for an understanding and appreciation of the history
of the United States. The [Administrator of General Services] Ar-
chivist of the United States may, within the limits of available ap-
propriated and donated funds, make allocations to Federal agen-
cies, and grants to State and local agencies and to nonprofit organi-
zations and institutions, for the collecting, describing, preserving
and compiling, and publishing (including microfilming and other
forms of reproduction) of documentary sources significant to the
history of the United States. Before making allocations and grants,
the [Administrator] Archivist should seek the advice and recom-
mendations of the National Historical Publications Commission.
The Chairman of the Commission shall [transmit to the Adminis-
trator] make available to the public from time to time, and at
least annually, plans, estimates, and recommendations approved by
the Commission.
(b) For the purposes specified in subsection (a), there is author-
ized to be appropriated to the [General Services] National Ar-
chives and Records Administration an amount not to exceed
$4,000,000 for each of the fiscal years ending on September 30,
1984, and September 30, 1985; and an amount not to exceed
$5,000,000 for each of the fiscal years ending on September 30,
1986, September 30, 1987, and September 30, 1988. Amounts appro-
priated under this subsection shall be available until expended
when so provided in appropriation Acts.
?2506. Records to be kept by grantees
(a) Each recipient of grant assistance under section 2504 of this
title shall keep such records as the [Administrator of General
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Services] Archivist of the United States prescribes, including
records which fully disclose the amount and disposition by the re-
cipient of the proceeds of the grants, the total cost of the project or
undertaking in connection with which funds are given or used, and
the amount of that portion of the cost of the project or undertaking
supplied by other sources, and any other records as will facilitate
an effective audit.
(b) The [Administrator] Archivist and the Comptroller General
of the United States or their authorized representatives shall have
access for the purposes of audit and examination to books, docu-
ments, papers, and records of the recipients that are pertinent to
the grants received under section 2504 of this title.
? 2507. Report to Congress
The [Administrator of General Services] Archivist of the
United States shall make an annual report to the Congress con-
cerning projects undertaken and carried out under section 2504 of
this title, including detailed information concerning the receipt and
use of all appropriated and donated funds made available to him.
CHAPTER 29--(RECORDS MANAGEMENT BY AD-
MINISTRATOR OF GENERAL SERVICES]
RECORDS MANAGEMENT BY THE ARCHIVIST OF
THE UNITED STATES AND BY THE ADMINISTRA-
TOR OF GENERAL SERVICES
? 2901. Definitions
As used in this chapter and chapters 21, 25, [27,] 31, and 33 of
this title?
(1) the term "records" has the meaning given it by section
3301 of this title;
(2) the term "records management" means the planning,
controlling, directing, organizing, training, promoting, and
other managerial activities involved with respect to records
creation, records maintenance and use, and records disposition
to achieve adequate and proper documentation of the policies
and transactions of the Federal Government and effective and
economical management of agency operations;
(6) the term "records center" means an establishment main-
tained and operated by the [Administrator] Archivist or by
another Federal agency primarily for the storage, servicing, se-
curity, and processing of records which need to be preserved
for varying periods of time and need not be retained in office
equipment or space;
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(9) the term "servicing" means making available for use in-
formation in records and other materials in the custody of the
[Administrator,] Archivist, or in a records center?
(A) by furnishing the records or other materials, or in-
formation from them, or copies or reproductions thereof, to
any Federal agency for official use, or to the public; or
(B) by making and furnishing authenticated or unauth-
enticated copies or reproductions of the records or other
materials;
(11) the term "National Archives of the United States"
means those official records which have been determined by
the Archivist of the United States to have sufficient historical
or other value to warrant their continued preservation by the
Federal Government, and which have been accepted by the
[Administrator] Archivist for deposit in his custody;
(12) the term "Archivist" means the Archivist of the United
States;
[(12)] (13) the term "Administrator" means the Administra-
tor of General Services;
[(13)] (14) the terms "executive agency" and "Federal
agency" shall have the meanings given such terms by subsec-
tions (a) and (b), respectively, of section 3 of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 472 (a)
and (b)).
? 2902. Objectives of records management
It is the purpose of this chapter, and chapters 21, 31, and 33 of
this title, to require the establishment of standards and procedures
to assure efficient and effective records management. Such records
management standards and procedures shall seek to implement the
following goals:
(7) Establishment and maintenance of such other systems or
techniques as the Administrator or the Archivist considers nec-
essary to carry out the purposes of this chapter, and chapters
21, 31, and 33 of this title.
? 2903. Custody and control of property
The [Administrator] Archivist shall have immediate custody
and control of the National Archives Building and its contents, and
may 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.
[? 2904. General responsibilities of Administrator
[The Administrator shall provide guidance and assistance to
Federal agencies with respect to records creation, records mainte-
nance and use, and records disposition. In providing such guidance
and assistance, the Administrator shall have responsibility to?
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C(1) promote economy and efficiency in the selection and uti-
lization of space, staff, equipment, and supplies for records
management;
[(2) promulgate standards, procedures, and guidelines with
respect to records management and records management stud-
ies;
[(3) conduct research with respect to the improvement of
records management practices and programs;
[(4) serve as a clearinghouse for information with respect to
records management and as a central source for reference and
training materials with respect to records management;
[(5) establish such interagency committees and boards as
may be necessary to provide an exchange of information
among Federal agencies with respect to records management;
[(6) disseminate information with respect to technological
development in records management;
[(7) direct the continuing attention of Federal agencies and
the Congress on the burden placed on the Federal Government
by unnecessary paperwork, and on the need for adequate poli-
cies governing records creation, maintenance and use, and dis-
position;
[(8) conduct records management studies and, in his discre-
tion, designate the heads of executive agencies to conduct
records management studies with respect to establishing sys-
tems and techniques designed to save time and effort in
records management, with particular attention given to stand-
ards and procedures governing records creation;
[(9) conduct inspections or records management studies
which involve a review of the programs and practices of more
than one Federal agency and which examine interaction
among and relationships between Federal agencies with re-
spect to records and records management; and
[(10) report to the appropriate oversight and appropriations
committees of the Congress and to the Director of the Office of
Management and Budget annually and at such other times as
the Administrator deems desirable (A) on the results of activi-
ties conducted pursuant to paragraphs (1) through (9) of this
section, (B) on evaluations of responses by Federal agencies to
any recommendations resulting from inspections or studies
conducted under paragraphs (8) and (9) of this section, and (C)
to the extent practicable, estimates of costs to the Federal Gov-
ernment resulting from the failure of agencies to implement
such recommendations.]
? 2904. General responsibilities for records management
(a) The Archivist shall provide guidance and assistance to Feder-
al agencies with respect to ensuring adequate and proper documen-
tation of the policies and transactions of the Federal Government
and ensuring proper records disposition.
(b) The Administrator shall provide guidance and assistance to
Federal agencies to ensure economical and effective records manage-
ment by such agencies.
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(c) In carrying out their responsibilities under subsection (a) or (b),
respectively, the Archivist and the Administrator shall each have
the resonsibility?
(1) to promulgate standards, procedures, and guidelines with
respect to records management and the conduct of records man-
agement studies;
(2) to conduct research with respect to the improvement of
records management practices and programs;
(3) to collect and disseminate information on training pro-
grams technological developments, and other activities relating
to records management;
(4) to establish such interagency committees and boards as
may be necessary to provide an exchange of information among
Federal agencies with respect to records management;
(5) to direct the continuing attention of Federal agencies and
the Congress on the need for adequate policies governing records
management;
(6) to conduct records management studies and, in his discre-
tion, designate the heads of executive agencies to conduct
records management studies with respect to establishing systems
and techniques designed to save time and effort in records man-
agement;
(7) to conduct inspections or surveys of the records and the
records management programs and practices within the between
Federal agencies;
(8) to report to the appropriate oversight and appropriations
committees of the Congress and to the Director of the Office of
Management and Budget annually and at such other times as
the Archivist or the Administrator (as the case may be) deems
desirable?
(A) on the results of activities conducted pursuant to para-
graphs (I) through (7) of this section,
(B) on evaluations of responses by Federal agencies to any rec-
ommendations resulting from inspections or studies conducted
under paragraphs (6) and (7) of this section and,
(C) to the extent practicable, estimates of costs to the Fed-
eral Government resulting from the failure of agencies to
implement such recommendations.
(d) In addition, the Administrator, in carrying out the responsibil-
ities under subsection (b) shall have the responsibility to promote
economy and efficiency in the selection and utilization of space,
staff equipment, and supplies for records management.
? 2905. Establishment of standards for selective retention of
records; security measures
(a) The [Administrator of General Services] Archivist shall es-
tablish standards for the selective retention of records of continu-
ing value, and assist Federal agencies in applying the standards to
records in their custody. He shall notify the head of a Federal
agency of any actual, impending, or threatened unlawful removal,
defacing, alteration, or destruction of records in the custody of the
agency that shall come to his attention, and assist the head of the
agency in initiating action through the Attorney General for the
recovery of records unlawfully removed and for other redress pro-
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vided by law. In any case in which the head of the agency fails to
initiate an action for such recovery or other redress within a reason-
able period of time after being notified of any such unlawful actibn,
the Archivist of the United States shall, through the Attorney Gen-
eral, initiate such an action; and the Archivist shall report the cir-
cumstances of any such failure by the head of the agency, or of any
refusal of the Attorney General to initiate such an action, to the ap-
propriate committees of the Congress.
(b) The [Administrator of General Services] Archivist shall
assist the Administrator for the Office of Information and Regula-
tory Affairs in conducting studies and developing standards relat-
ing to record retention requirements imposed on the public and on
State and local governments by Federal agencies.
[? 2906. Inspection of agency records
[(a)(1) In carrying out his duties and responsibilities under this
chapter, the Administrator of General Services or his designee may
inspect the records or the records management practices and pro-
grams of any Federal agency solely for the purpose of rendering
recommendations for the improvement of records management
practices and programs. Officers and employees of such agencies
shall cooperate fully in such inspections, subject to the provisions
of paragraphs (2) and (3) of this subsection.
[(2) Records, the use of which is restricted by law or for reasons
of national security or the public interest, shall be inspected, in ac-
cordance with regulations promulgated by the Administrator, sub-
ject to the approval of the head of the agency concerned or of the
President.
[(3) If the Administrator or his designee inspects a record, as
provided in this subsection, which is contained in a system of
records which is subject to section 552a of title 5, such record shall
be?
[(A) maintained by the Administrator or his designee as a
record contained in a system of records; or
[(B) deemed to be a record contained in a system of records
for purposes of subsections (b), (c), and (i) of section 552a of title
5.
[(b) In conducting the inspection of agency records provided for
in subsection (a) of this section, the Administrator or his designee
shall, in addition to complying with the provisions of law cited in
subsection (a)(3), comply with all other Federal laws and be subject
to the sanctions provided therein.]
? 2906. Inspection of agency records
(a)(1) In carrying out their respective duties and responsibilities
under this chapter, the Administrator of General Services and the
Archivist (or the designee of either) may inspect the records or the
records management practices and programs of any Federal agency
solely for the purpose of rendering recommendations for the im-
provement of records management practices and programs. Officers
and employees of such agencies shall cooperate fully in such inspec-
tions, subject to the provisions of paragraphs (2) and (3) of this sub-
section.
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fTh
(2) Records, the use of which is restricted by law or for reasons of
national security or the public interest, shall be inspected, in accord-
ance with regulations promulgated by the Administrator and the
Archivist, subject to the approval of the head of the agency con-
cerned or of the President. The regulations promulgated by the Ad-
ministrator and the Archivist under this paragraph shall, to the
extent practicable, be identical.
(3) If the Administrator or the Archivist (or the designee of either)
inspects a record, as provided in this subsection, which is contained
in a system of records which is subject to section 552a of title 5,
such record shall be?
(A) maintained by the Administrator, the Archivist, or such
designee as a record contained in a system of records; or
(B) deemed to be a record contained in a system of records for
purposes of subsections (b), (c), and (i) of section 552a of title 5.
(b) In conducting the inspection of agency records provided for in
subsection (a) of this section, the Administrator and the Archivist
(or the designee of either) shall, in addition to complying with the
provisions of law cited in subsection (a)(3), comply with all other
Federal laws and be subject to the sanctions provided therein.
? 2907. Records centers and centralized microfilming services
The [Administrator] Archivist may establish, maintain, and op-
erate records centers and centralized microfilming services for Fed-
eral agencies.
? 2908. Regulations
Subject to applicable law, the [Administrator of General Serv-
ices] Archivist shall promulgate regulations governing the trans-
fer of records from the custody of one executive agency to that of
another.
? 2909. Retention of records
The [Administrator of General Services] Archivist may empow-
er a Federal agency, upon the submission of evidence of need, to
retain records for a longer period than that specified in disposal
schedules; and, in accordance with regulations promulgated by
him, may withdraw disposal authorizations covering records listed
in disposal schedules.
CHAPTER 31-RECORDS MANAGEMENT BY
FEDERAL AGENCIES
? 3102. Establishment of program of management
The head of each Federal agency shall establish and maintain an
active, continuing program for the economical and efficient man-
agement of the records of the agency. The program, among other
things, shall provide for
(1) effective controls over the creation and over the mainte-
nance and use of records in the conduct of current business;
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(2) cooperation with the Administrator of General Services
and the Archivist of the United States in applying standards,
procedures, and techniques designed to improve the manage-
ment of records, promote 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 sections [2101-2113,3 2101-2117, 2501-
2507, [2701,3 2901-2909, and 3101-3107, of this title and the
regulations issued under them.
? 3103. Transfer of records to records centers
When the head of a Federal agency determines that such action
may affect substantial economies or increased operating efficiency,
he shall provide for the transfer of records to a records center
maintained and operated by the [Administrator,] Archivist of the
United States or, when approved by the [Administrator,] Archi-
vist, to a center maintained and operated by the head of the Feder-
al agency.
? 3104. Certifications and determinations on transferred records
An official of the Government who is authorized to certify to
facts on the basis of records in his custody, may certify to facts on
the basis of records that have been transferred by him or his prede-
cessors to the [Administrator of General Services,] Archivist of
the United States, and may authorize the [Administrator] Archi-
vist to certify to facts and to make administrative determinations
on the basis of records transferred to the [Administrator,] Archi-
vist notwithstanding any other law.
? 3105. Safeguards
The head of each Federal agency shall establish safeguards
against the removal or loss of records he determines to be neces-
sary and required by regulations of the [Administrator of General
Services.] Archivist of the United States. Safeguards shall include
making it known to officials and employees of the agency?
(1) that records in the custody of the agency are not to be
alienated or destroyed except in accordance with sections 3301-
3314 of this title, and
(2) the penalties provided by law for the unlawful removal or
destruction of records.
? 3106. Unlawful removal, destruction of records
The head of each Federal agency shall notify the [Administrator
of General Services] Archivist of the United States of any actual,
impending, or threatened unlawful removal, defacing, 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] Archivist 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 another Federal agency whose records have been trans-
ferred to his legal custody. In any case in which the head of the
agency fails to initiate an action for such recovery or other redress
within a reasonable period of time after being notified of any such
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unlawful action, the Archivist of the United States shall, through
the Attorney General, initiate such an action; and the Archivist
shall report the circumstances of any such failure by the head of the
agency, or of any refusal of the Attorney General to initiate such an
action, to the appropriate committees of the Congress.
CHAPTER 33?DISPOSAL OF RECORDS
Sec.
3301. Definition of records.
3302. Regulations covering lists of records for disposal, procedure for disposal, and
standards for reproduction.
3303. Lists and schedules of records to be submitted to [Administrator of General
Services] Archivist of the United States by head of each Government
agency.
3303a. Examination by [Administrator of General Services] Archivist of the United
States of lists and schedules of records lacking preservation value; dis-
posal of records.
3308. Disposal of similar records where prior disposal was authorized.
3309. Preservation of claims of Government until settled in General Accounting
Office; disposal authorized upon written approval of Comptroller Gen-
eral.
3310. Disposal of records constituting menace to health, life, or property.
3311. Destruction of records outside continental United States in time of war or
when hostile action seems imminent; written report to [Administrator
of General Services] Archivist of the United States.
? 3301. Definition of records
(a) As used in this chapter, "records" includes all books, papers,
maps, photographs, machine readable materials, or other documen-
tary materials, regardless of physical form or characteristics, made
or received by an agency of the United States Government under
Federal law or in connection with the transaction of public busi-
ness and preserved or, as determined by the Archivist of the United
States, appropriate for preservation by that agency or its legitimate
successor as evidence of the organization, functions, policies, deci-
sions, procedures, operations, or other activities of the Government
or because of the informational value of data in them. Library and
museum material made or acquired and preserved solely for refer-
ence or exhibition purposes, extra, copies of documents preserved
only for convenience of reference, and stocks of publications and of
processed documents are not included.
(b) The Archivist of the United States shall, by regulation, estab-
lish detailed criteria under which material shall be examined to de-
termine 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 such regulations, to any material made or
received by an agency of the United States Government.
? 3302. Regulations covering lists of records for disposal, proce-
dure for disposal, and standards for reproduction
The [Administrator of General Services] Archivist of the
United States shall promulgate regulations, not inconsistent with
this chapter, establishing?
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(1) procedures for the compiling and submitting to him of
lists and schedules or records proposed for disposal,
(2) procedures for the disposal of records authorized for dis-
posal, and
(3) standards for the reproduction of records by photographic
or microphotographic processes with a view to the disposal of
the original records.
[? 3303. Lists and schedules of records to be submitted to Admin-
istrator of General Services by head of each Govern-
ment agency]
? 3303. Lists and schedules of records to be submitted to the Archi-
vist of the United States by head of each Government
agency
The head of each agency of the United States Government shall
submit to the [Administrator of General Services,] Archivist of
the United States, 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 or microphotographed under the regula-
tions and that, as a consequence, do not appear to have suffi-
cient value to warrant their further preservation by the Gov-
ernment;
(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 speci-
fied 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 ap-
parently will not after the lapse of the period specified have
sufficient administrative, legal, research, or other value to war-
rant their further preservation by the Government.
[? 3303a. Examination by Administrator of General Services of
lists and schedules of records lacking preservation
value; disposal of records]
? 3303a. Examination by Archivist of the United States of lists and
schedules of records lacking preservation value; disposal
of records
(a) The [Administrator of General Services,] Archivist of the
United States, shall examine the lists and schedules submitted to
him under section 3303 of this title. If the [Administrator] Archi-
vist determines that any of the records listed in a list or schedule
submitted to him do not, or will not after the lapse of the period
specified, have sufficient administrative, legal, research, or other
value to warrant their continued preservation by the Government,
he may?after publication of notice in the Federal Register and an
opportunity for interested persons to submit comment thereon?
(1) notify the agency to that effect; and
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(2) empower the agency to dispose of those records in accord-
ance with regulations promulgated under section 3302 of this
title.
(b) Authorizations granted under lists and schedules submitted to
the [Administrator] Archivist under section 3303 of this title, and
schedules promulgated by the [Administrator] Archivist under
subsection (d) of this section, shall be mandatory, subject to section
2909 of this title. As between an authorization granted under lists
and schedules submitted to the [Administrator] Archivist under
section 3303 of this title and an authorization contained in a sched-
ule promulgated under subsection (d) of this section, application of
the authorization providing for the shorter retention period shall
be required, subject to section 2909 of this title.
(c) The [Administrator] Archivist may request advice and coun-
sel from the Committee on Rules and Administration of the Senate
and the Committee on House Administration of the House of Rep-
resentatives with respect to the disposal of any particular records
under this chapter whenever he considers that?
(1) those particular records may be of special interest to the
Congress; or
(2) consultation with the Congress regarding the disposal of
those particular records is in the public interest.
However, this subsection does not require the [Administrator] Ar-
chivist to request such advice and counsel as a regular procedure
in the general disposal of records under this chapter.
(d) The [Administrator] Archivist shall promulgate schedules
authorizing the disposal, after the lapse of specified periods of time,
of records of a specified form or character common to several or all
agencies if such records will not, at the end of the periods specified,
have sufficient administrative, legal, research, or other value to
warrant their further preservation by the United States Govern-
ment. A Federal agency may request changes in such schedules for
its records pursuant to section 2909 of this title.
(e) The [Administrator] Archivist may approve and effect the
disposal of records that are in his legal custody, provided that
records that had been in the custody of another existing agency
may not be disposed of without the written consent of the head of
the agency.
(f) The [Administrator] Archivist shall make an annual report
to the Congress concerning the disposal of records under this chap-
ter, including general descriptions of the types of records disposed
of and such other information as he considers appropriate to keep
the Congress fully informed regarding the disposal of records under
this chapter.
?3308. Disposal of similar records where prior disposal was au-
thorized
When it appears to the [Administrator of General Services] Ar-
chivist of the United States that an agency has in its custody, or is
accumulating, records of the same form or character as those of the
same agency previously authorized to be disposed of, he may em-
power the head of the agency to dispose of the records, after they
have been in existence a specified period of time, in accordance
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with regulations promulgated under section 3302 of this title and
without listing or scheduling them.
?3310. Disposal of records constituting menace to health, life, or
property
When the [Administrator of General Services] Archivist of the
United States and the head of the agency that has custody of them
jointly determine that records in the custody of an agency of the
United States Government are a continuing menace to human
health or life or to property, the [Administrator] Archivist shall
eliminate the menace immediately by any method he considers
necessary. When records in the custody of the [Administrator]
Archivist are disposed of under this section, the [Administrator]
Archivist shall report their disposal to the agency from which they
were transferred.
[? 3311. Destruction of records outside continental United States
in time of war or when hostile action seems imminent;
written report to Administrator of General Services]
? 3311. Destruction of records outside continental United States in
time of war or when hostile action seems imminent writ-
ten report to Archivist of the United States
During a state of war between the United States and another
nation, or when hostile action by a foreign power appears immi-
nent, 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) the retention of which would be prejudicial to the inter-
ests of the United States; or
(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 preserva-
tion.
Within six months after their disposal, the official who directed the
disposal shall submit a written report to the [Administrator of
General Services] Archivist of the United States in which he shall
describe the character of the records and state when and where he
disposed of them.
CHAPTER 35?COORDINATION OF FEDERAL
REPORTING SERVICES
? 3504. Authority and functions of Director
(a) '
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(e) The records management functions of the Director shall in-
clude?
(1) providing advice and assistance to the Archivist of the
United States and the Administrator of General Services in
order to promote coordination in the administration of chap-
ters 29, 31, and 33 of this title with the information policies,
principles, standards, and guidelines established under this
chapter;
(2) reviewing compliance by agencies with the requirements
of chapters 29, 31, and 33 of this title and with regulations pro-
mulgated by the Archivist of the United States and the Admin-
istrator of General Services thereunder; and
(3) coordinating records management policies and programs
with related information programs with related information
programs such as information collection, statistics, automatic
data processing and telecommunications, and similar activities.
? 3513. Director review of agency activities; reporting; agency re-
sponse
(a) The Director shall, with the advice and assistance of the Ad-
ministratior of General Services and the Archivist of the United
States, selectively review, at least once every three years, the infor-
mation management activities of each agency to ascertain their
adequacy and efficiency. In evaluating the adequacy and efficency
of such activities, the Director shall pay particular attention to
whether the agency has has complied with section 3506.
(b) The Director shall report the results of the reviews to the ap-
propriate agency head, the House Committee on Government Oper-
ations, the Senate Committee on Governmental Affairs, the House
and Senate Committees on Appropriations, and the Committees of
the Congress having jurisdiction over legislation relating to the op-
erations of the agency involved.
(c) Each agency which receives a report pursuant to subsection
(b) shall, within sixty days after receipt of such report, prepare and
transmit to the Director, the House Committee on Government Op-
erations, the Senate Committee on Governmental Affairs, the
House and Senate Committees on Appropriations, and the commit-
tees of the Congress having jurisdiction over legislation relating to
the operations of the agency, a written statement responding to the
Director's report, including a description of any measures taken to
alleviate or remove any problems or deficiencies identified in such
report.
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PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT
TITLE I?PRESERVATION OF PRESIDENTIAL RECORDINGS
AND MATERIALS
DELIVERY AND RETENTION OF CERTAIN PRESENDENTIAL MATERIALS
SEC. 101. (a) Notwithstanding any other law or any agreement or
understanding made pursuant to section [2107] 2111 of title 44,
United States Code, any Federal employee in possession shall deliv-
er, and the [Administrator of General Services (hereinafter in this
title referred to as the "Administrator")] Archivist of the United
States (hereinafter referred to as the Archivist" shall receive,
obtain, or retain, complete possesssion and control of all original
tape recordings of conversations which were recorded or cause to
be recorded by any officer or employee of the Federal Government
and which?
(1) involve former President Richard M. Nixon or other indi-
viduals who, at the time of the conversation, were employed by
the Federal Government;
(2) were recorded in the White House or in the office of the
President in the Executive Office Buildings located in
Washington, District of Columbia; Camp David, Maryland; Key
Biscayne, Florida; or San Clemente, California; and
(3) were recorded during the period beginning Jannuary 20,
1969, and ending August 9, 1974.
(b)(1) Notwithstanding .any other law or any agreement or under-
standing made pursuant to section [2107] 2111 of title 44, United
States Code, the [Administrator] Archivist shall receive, retain or
make reasonable efforts to obtain, complete possession and control
of all papers, documents, memorandums, transcripts, and other ob-
jects and materials which constitute the Presidental historical ma-
terials of Richard M. Nixon, covering the period beginning January
20, 1969, and ending August 9, 1974.
(2) For purposes of this subsection, the term "historical materi-
als" has the meaning given it by section 2101 of title 44, United
States Code.
AVAILABILITY OF CERTAIN PRESIDENTIAL MATERIALS
SEC. 102. (a) None of the tape recordings or other materials re-
ferred to in section 101 shall be destroyed, except as hereafter may
be provided by law.
(b) Notwithstanding any other provision of this title, any other
law, or any agreement or understanding made pursuant to section
[2107] 2111 of title 44, United States Code, the tape recordings
and other materials referred to in section 101 shall, immediately
upon the date of enactment of this title. be made available, subject
to any rights, defenses, or privileges which the Federal Govern-
ment or any person may invoke, for use in any judicial proceeding
or otherwise subject to court subpena or other legal process. Any
request by the Office of Watergate Special Prosecution Force,
whether by court subpena or other lawful process, for access to
such recordings or materials shall at all times have priority over
any other request for such recordings or materials.
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0
(c) Richard M. Nixon, or any person whom he may designate in
writing, shall at all times have access to the tape recordings and
other materials referred to in section 101 for any purpose which is
consistent with the provisions of this title, subsequent and subject
to the regulations which the [Administrator] Archivist shall issue
pursuant to section 103.
(d) Any agency or department in the executive branch of the Fed-
eral Government shall at all times have access to the tape record-
ings and other materials referred to in section 101 for lawful Gov-
ernment use, subject to the regulations which the [Administra-
tor] Archivist shall issue pursuant to section 103.
REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER
MATERIALS
SEC. 103. The [Administrator] Archivist shall issue at the earli-
est possible date such regulations as may be necessary to assure
the protection of the tape recordings and other materials referred
to in section 101 from loss or destruction, and to prevent access to
such recordings and materials by unauthorized persons. Custody of
such recordings and materials shall be maintained in Washington.
District of Columbia, or its metropolitan area, except as may other-
wise be necessary to carry out the provisions of this title.
*
TITLE 1, UNITED STATES CODE
CHAPTER 2?ACTS AND RESOLUTIONS; FORMALI-
TIES OF ENACTMENT; REPEALS; SEALING OF
INSTRUMENTS
? 106a. Promulgation of laws
Whenever a bill, order, resolution, or vote of the Senate and
House of Representatives, having been approved by the President,
or not having been returned by him with his objections, becomes a
law or takes effect, it shall forthwith be received by the [Adminis-
trator of General Services] Archivist of the United States from the
President; and whenever a bill, order, resolution, or vote is re-
turned by the President with his objections, and, on being reconsid-
ered, is agreed to be passed, and is approved by two-thirds of both
Houses of Congress, and thereby becomes a law or takes effect, it
shall be received by the [Administrator of General Services] Ar-
chivist of the United States from the President of the Senate, or
Speaker of the House of Representatives in whichsoever House it
shall last have been so approved, and he shall carefully preserve
the originals.
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? 106b. Amendments to Constitution
Whenever official notice is received at the [General Services]
National Archives and Records Administration that any amend-
ment proposed to the Constitution of the United States has been
adopted, according to the provisions of the Constitution, the [Ad-
ministrator of General Services] Archivist of the United States
shall forthwith cause the amendment to be published, with his cer-
tificate, specifying the States by which the same may have been
adopted, and that the same has become valid, to all intents and
purposes, as a part of the Constitution of the United States.
?112. Statutes at Large; contents; admissibility in evidence
The [Administrator of General Services] Archivist of the
United States shall cause to be compiled, edited, indexed, and pub-
lished, the United States Statutes at Large, which shall contain all
the laws and concurrent resolutions enacted during each regular
session of Congress; all proclamations by the President in the num-
bered series issued since the date of the adjournment of the regular
session of Congress next preceding; aid also any amendments to
the Constitution of the United States proposed or ratified pursuant
to article V thereof since that date, together with the certificate of
the [Administrator of General Services] Archivist of the United
States issued in compliance with the provision contained in section
106b of this title. In the event of an extra session of Congress, the
[Administrator of General Services] Archivist of the United
States shall cause all the laws and concurrent resolutions enacted
during said extra seogion to be consolidated with, and published as
part of, the content., of ti,. volume for the next regular session.
The United States ,S Latutes ;,4-, Large shall be legal evidence of laws,
concurrent resolutions, treaties, international agreements other
than treaties, proclamations by the President, and proposed or rati-
fied amendments to the Constitution of the United States therein
contained, in all the courts of the United States, the several States,
and the Territories and insular possessions of the United States.
?113. "Little and Brown's" edition of laws and treaties; slip laws;
Treaties and Other International Acts Series; admissi-
bility in evidence
The edition of the laws and treaties of the United States, pub-
lished by Little and Brown, and the publications in slip or pam-
phlet form of the laws of the United States issued under the au-
thority of the [Administrator of General Services,] Archivist of
the United States, and the Treaties and Other International Acts
Series issued under the authority of the Secretary of State shall be
competent evidence of the several public and private Acts of Con-
gress, and of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of mari-
time jurisdiction, and in all the tribunals and public offices of the
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United States, and of the several States, without any further proof
or authentication thereof.
a
CHAPTER 3?CODE OF LAWS OF UNITED STATES
AND SUPPLEMENTS; DISTRICT OF COLUMBIA
CODE AND SUPPLEMENTS
? 201. Publication and distribution of Code of Laws of United
States and Supplements and District of Columbia Code
and Supplements
In order to avoid duplication and waste?
(a) Publishing in slip or pamphlet form or in Statutes at
Large
Publication in slip or pamphlet form or in the Statutes at
Large of any of the volumes or publications enumerated in sec-
tions 202 and 203 of this title, shall, in event of enactment, be
dispensed with whenever the Committee on the Judiciary of
the House of Representatives so directs the [Administrator of
General Services] Archivist of the United States;
(b) Curtailing number of copies published
Curtailment of the number provided by law to be printed
and distributed of the volumes or publications enumerated in
sections 202 and 203 of this title may be directed by such com-
mittee, except that the Public Printer shall print such num-
bers as are necessary for depository library distribution and for
sale; and
(c) Dispensing with publication of more than one Supple-
ment for each Congress.
Such committee may direct that the printing and distribu-
tion of any supplement to the Code of Laws of the United
States or to the Code of the District of Columbia be dispensed
with entirely, except that there shall be printed and distribut-
ed for each Congress at least one supplement to each such
code, containing the legislation of such Congress.
TITLE 3, UNITED STATES CODE
CHAPTER 1?PRESIDENTIAL ELECTIONS AND
VACANCIES
Sec.
1. Time of appointing electors.
2. Failure to make choice on prescribed day.
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3. Number of electors.
4. Vacancies in electoral college.
5. Determination of controversy as to appointment of electors.
6. Credentials of electors; transmission to [Administrator of General Services] Ar-
chivist of the United States and to Congress; public inspection.
7. Meeting and vote of electors.
8. Manner of voting.
9. Certificates of votes for President and Vice President.
10. Sealing and endorsing certificates.
11. Disposition of certificates.
12. Failure of certificates of electors to reach President of Senate or [Administrator
of General Services] Archivist of the United States; demand on State
for certificate.
[? 6. Credentials of Electors; transmission to Administrator of
General Service and to Congress; public inspection]
? 6. Credentials of electors; transmission to archivist of the United
States and to Congress; public inspection
It shall be the duty of the executive of each State, as soon as
practicable after the conclusion of the appointment of the electors
in such State by the final ascertainment, under and in pursuant of
the laws of such State providing for such ascertainment, to commu-
nicate by registered mail under the seal of the State to the [Ad-
ministrator of General Services] Archivist of the United States, a
certificate of such ascertainment of the electors appointed, setting
forth the names of such electors and the canvass or other ascer-
tainment under the laws of such State of the number of votes given
or cast for each person for whose appointment any and all votes
have been given or cast; and it shall also thereupon be the duty of
the executive of each State to deliver to the electors of such State,
on or before the day on which they are required by section 7 of this
title to meet, six duplicate-originals of the same certificate under
the seal of the State; and if there shall have been any final deter-
mination in a State in the manner provided for by law of a contro-
versy or contest concerning the appointment of all or any of the
electors of such State, it shall be the duty of the executive of such
State, as soon as practicable after such determination, to communi-
cate under the seal of the State to the [Administrator of General
Services] Archivist of the United States, a certificate of such deter-
mination in form and manner as the same shall have been made;
and the certificate or certificates so received by the [Administra-
tor of General Services] Archivist of the United States, shall be
preserved by him for one year and shall be a part of the public
records of his office and shall be open to public inspection; and the
[Administrator of General Services] Archivist of the United
States, at the first meeting of Congress thereafter shall transmit to
the two Houses of Congress copies in full of each and every such
certificate so received at the [General Services Administration]
National Archives and Records Administration.
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? 11. Disposition of certificates
The electors shall dispose of the certificates so made by them and
the lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail one of the
same to the President of the Senate at the seat of government.
Second. Two of the same shall be delivered to the secretary of
state of the State, one of which shall be held subject to the order of
the President of the Senate, the other to be preserved by him for
one year and shall be a part of the public records of his office and
shall be open to public inspection.
Third. On the day thereafter they shall forward by registered
mail two of such certificates and lists to the [Administrator of
General Services] Archivist of the United States at the seat of gov-
ernment, one of which shall be held subject to the order of the
President of the Senate. The other shall be preserved by the [Ad-
ministrator of General Services] Archivist of the United States for
one year and shall be a part of the public records of his office and
shall be open to public inspection.
Fourth. They shall forthwith cause the other of the certificates
and lists to be delivered to the judge of the district in which the
electors shall have assembled.
[? 12. Failure of certificates of electors to reach President of
Senate or Administrator of General Services; demand
on State for certificate]
e 12. Failure of certificates of electors to reach President of the
Senate or Archivist of the United States; demand on State
for certificate
When no certificate of vote and list mentioned in sections 9 and
11 of this title from any State shall have been received by the
President of the Senate or by the [Administrator of General Serv-
ices] Archivist of the United States by the fourth Wednesday in
December, after the meeting of the electors shall have been held,
the President of the Senate or, if he be absent from the seat of gov-
ernment, the [Administrator of General Services] Archivist of the
United States shall request, by the most expeditious method avail-
able, the secretary of state of the State to send up the certificate
and list lodged with him by the electors of such State; and it shall
be his duty upon receipt of such request immediately to transmit
same by registered mail to the President of the Senate at the seat
of government.
? 13. Same; demand on district judge for certificate
When no certificates of votes from any State shall have been re-
ceived at the seat of government on the fourth Wednesday in De-
cember, after the meeting of the electors shall have been held, the
President of the Senate or, if he be absent from the seat of govern-
ment, the [Administrator of General Services] Archivist of the
United States shall send a special messenger to the district judge in
whose custody one certificate of votes from that State has been
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lodged, and such judge shall forthwith transmit that list by the
hand of such messenger to the seat of government.
TITLE 4, UNITED STATES CODE
* * * * *
CHAPTER 5-OFFICIAL TERRITORIAL PAPERS
* * * *
? 141. Collection, preparation and publication
The [Administrator of General Services,] Archivist of the
United States, hereinafter referred to in this chapter as the " [Ad-
ministrator]", Archivist shall continue to completion the work of
collecting, editing, copying, and suitably arranging for issuance as
a Government publication, the official papers relating to the Terri-
tories from which States of the United States were formed, in the
national archives, as listed in Parker's "Calendar of Papers in
Washington" Archives Relating to the Territories of the United
States (to 1873)", being publication numbered 148 of the Carnegie
Institution of Washington, together with such additional papers of
like character which may be found.
? 142. Appointment of experts
For the purpose of carrying on the work prescribed by section
141 of this title, the (Administrator,] Archivist, without regard to
the Classification Act of 1949 and the civil service laws and regula-
tions thereunder, may engage the services, either in or outside of
the District of Columbia, of not to exceed five historical experts
who are especially informed on the various phases of the territorial
history of the United States and are especially qualified for the edi-
torial work necessary in arranging such territorial papers for pub-
lication.
? 143. Employment and utilization of other personnel; cost of
copy reading and indexing
(a) In carrying out his functions under this chapter, the [Admin-
istrator] Archivist may employ such clerical assistants as may be
necessary.
(b) The work of copy reading and index making for the publica-
tion of the papers described in section 141 of this title shall be done
by the regular editorial staff of the [General Services] National
Archives and Records Administration, and the cost of this particu-
lar phase of the work (prorated each month according to the
number of hours spent and the annual salaries of the clerks em-
ployed) shall be charged against the annual appropriations made
under section 146 of this title.
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? 144. Cooperation of departments and agencies
The heads of the several executive departments and independent
agencies and establishments shall cooperate with the [Administra-
tor] Archivist in the work prescribed by section 141 of this title by
permitting access to any records deemed by him to be necessary to
the completion of such work.
? 145. Printing and distribution
(a) The Public Printer shall print and bind each volume of the
official papers relating to the Territories of the United States as
provided for in this chapter, of which?
(1) four hundred and twenty copies shall be delivered to the
'Superintendent of Documents, Government Printing Office, for
distribution, on the basis of one copy each, and as directed by
the [Administrator,] Archivist, to those historical associa-
tions, commissions, museums, or libraries and other nondeposi-
tory libraries, not to exceed eight in number within each State,
Territory, or Possession, which have been or may be designated
by the Governor thereof to receive such copies;
(2) one hundred copies shall be delivered to the [General
Services] National Archives and Records Administration for
the use of that Administration; and
(3) one hundred copies shall be delivered to the Superintend-
ent of Documents for distribution in such manner and number
as may be authorized and directed by the Joint Committee on
Printing.
(b) The historical associations, commissions, museums, or librar-
ies and other nondepository libraries within each State, Territory,
or Possession which have been or may be designated by the Gover-
nor thereof to receive the publications referred to in subsection (a)
of this section, shall, during their existence, receive the succeeding
volumes, the distribution of which shall be made by the Superin-
tendent of Documents in accordance with lists of designations
transmitted to him by the [Administrator.] Archivist. A new des-
ignation may be made to the [Administrator] Archivist by the
Governor only when a designated association, commission,
museum, or library shall cease to exist, or when authorized by law.
TITLE 5, UNITED STATES CODE
PART I?THE AGENCIES GENERALLY
CHAPTER 5-ADMINISTRATIVE PROCEDURE
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Subchapter II?Administrative Procedure
? 552a. Records maintained on individuals
(a) Definitions
(b) Conditions of disclosure
No agency shall disclose any record which is contained in a
system of records by any means of communication to any person,
or to another agency, except pursuant to a written request by, or
with the prior written consent of, the individual to whom the
record pertains, unless disclosure of the record would be?
(1) to those officers and employees of the agency which main-
tains the record who have a need for the record in the per-
formance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of this sec-
tion and described under subsection (e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to
the provisions of title 13;
(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely
as a statistical research or reporting record, and the record is
to be transferred in a form that is not individually identifiable;
(6) to the National Archives of the United States as a record
which has sufficient historical or other value to warrant its
continued preservation by the United States Government, or
for evaluation by the [Administrator of General Services] Ar-
chivist of the United States or his designee to determine
whether the record has such value;
(/)(1) Archival records
Each agency record which is accepted by the [Administrator of
General Services] Archivist of the United States for storage, proc-
essing, and servicing in accordance with section 3103 of title 44
shall, for the purposes of this section, be considered to be main-
tained by the agency which deposited the record and shall be sub-
ject to the provisions of this section. The [Administrator of Gener-
al Services] Archivist of the United States shall not disclose the
record except to the agency which maintains the record, or under
rules established by that agency which are not inconsistent with
the provisions of this section.
PART III?EMPLOYEES
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Subpart D?Pay and Allowances
CHAPTER 53?PAY RATES AND SYSTEMS
Subchapter II?Executive Schedule Pay Rates
? 5314. Positions at level III
Level III of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay shall be the rate de-
termined with respect to such level under chapter 11 of title 2, as
adjusted by section 5318 of this title:
Solicitor General of the United States.
* * * * * *
Archivist of the United States.
* * * * *
THE ACT OF OCTOBER 25, 1951
AN ACT To amend or repeal certain laws relating to Government records, 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 following
Acts and parts of Acts are repealed
(1) * * *
* * * * * * *
SEC. 4. The following Acts and parts of Acts are amended, as
shown below:
(1) * * *
(5) By deleting all after the enacting clause of the Act of
March 27, 1934, chapter 93 (48 Stat. 501; 25 U.S.C. 199a) and by
substituting therefor "That title to records of Indian tribes
heretofore placed with the Oklahoma Historical Society of the
State of Oklahoma by the Secretary of the Interior shall
remain vested in the United States and such records shall be
held by the said society under rules and regulations prescribed
by the [Administrator of General Services] Archivist of the
United States: Provided, That copies of any such records, docu-
ments, books, or papers held by the said society when certified
by the secretary or chief clerk thereof under its seal, or by the
officer or person acting as secretary or chief clerk, shall be evi-
dence equally with the original, and in making such certified
copies the said secretary or acting secretary and the said chief
clerk or acting chief clerk shall be acting as a Federal agent,
and such certified copies shall have the same force and effect
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as if made by the [Administrator of General Services] Archi-
vist of the United States as provided in section 509(b) of the
Federal Records Act of 1950 (64 Stat. 583): Provided further,
That whenever such certified copies are desired for official use
by the Federal Government they shall be furnished without
cost: Provided further, That any such records held by the said
society shall be promptly returned to the Government official
designated by the [Administrator of General Services] Archi-
vist of the United States upon his request therefor."
0
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