NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200090007-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 21, 2016
• Document Release Date: November 24, 2008
• Sequence Number: 7
• Publication Date: June 21, 1984
• Content Type: OPEN SOURCE

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June 21, 1984 CONGRESSIONAL RECORD - SENATE
ties sold pursuant to subsections (j) and (g)
of this section; and
"(2) disclose to purchasers information de-
scribing the offer and sale of portions of
loans or interests therein, which have been.
guaranteed by the Administration under
this section, as the Administration deter-
mines to be necessary and appropriate for a
prudent investment decision.".
(b) Section 4(c)(1)(B) and section
4(cX2XB) of such Act are such amended by
inserting "5(g)" before "7(b)(1)".
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill** passed.
iRD. par. President, I move to
motion on the table.
ie motion tola the table was
ed to.
NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION ACT
Mr. BAKER. Mr. President, I would
next propose to proceed to Calendar
Order No. 736, S. 905, if the minority
leader can agree.
Mr. BYRD. Mr. President, there is
no objection.
Mr. BAKER. I thank the minority
leader.
I ask unanimous consent that the
Senate proceed to the consideration of
Calendar No. 736.
The PRESIDING OFFICER. The
bill will be stated by title.
The assistant legislative clerk read
as follows:
A bill (S. 905) entitled the "National Ar-
chives and Records Administration Act of
1983," which had been reported from the
Committee on Governmental Affairs with
amendments.
The PRESIDING OFFICER. Is
there objection to the present consid-
eration of the bill?
There being no objection, the Senate
proceeded to consider the bill which
had been reported from the Commit-
tee on Governmental Affairs with
amendments:
On page 7, strike lines 19 through 25 and
lines 1 and 2 of page 8, and insert:
"The Archivist shall submit to the Con-
gress, in January of each year, a report con-
cerning the administration of the National
Archives and Records Administration, The
National Historic Publications and Records
Commission, and the National Archives
Trust Fund. Such report shall describe pro-
gram administration and expenditure of
funds, both appropriated and non-appropri-
ated, by the Administration, Commission,
and the Trust Fund Board. It shall describe
research projects and publications under-
taken by Commission grantees, and by
Trust Fund grantees, including detailed in-
formation concerning the receipt and use of
all appropriated and non-appropriated
funds.".
On page 12, after line 4, insert "(t) Section
2507 of title 44, United States Code, is delet-
ed.".
So as to make the bill read:
8.905
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "National Archives
and Records Administration Act of 1983".
AMENDMENTS TO TITni 44, ummm STAT= CODS
Ssc, 2. (a) Sections 2101, 2192, 2103, 2104,
2105, 2106, 2107, 2108, 2109. 2110, 2111, 2112,
2113, and 2114 of title 44. United States
Code, are redesignated as sections 2102,
2103, 2108, 2100, 2110, 2111, 2112, 2113, 2114,
2115, 2116, 2117, 2118, and 2119, respective-
ly.
(b) Title 44, United States Code, is amend-
ed by inserting before section 2102 (as redes-
ignated by subsection (a)) the following new
section:
"12191. Purpose
"The purpose of this chapter is to estab-
lish an independent National Archives and
Records Administration due to the unique
importance of the tasks of creating, identi-
fying, and preserving the records of the
Nation which have permanent value and
making such records available to the public,
to Federal agencies, and to the Congress for
historical and other research purposes.".
(c) Section 2102 of title 44, United States
Code (as redesignated by subsection (a)), is
amended-
(1) by striking out "sections 2103-2113 of";
'12103. Establishment
"There is established an independent es-
tablishment in the executive branch of the
Government to be known as the National
Archives and Records Administration. The
Administration shall be administered under
the supervision and direction of the Archi-
vist.".
(e) Title 44, United States Code, is further
amended by inserting before section 2108
(as redesignated by subsection (a)) the fol-
lowing new sections:
72104. 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 Archivist shall be appointed for a term
of ten years, but may continue to serve until
his successor is appointed and confirmed.
The Archivist shall be appointed without
regard to political affiliations and solely on
the basis of the professional qualifications
required to perform the duties and-responsi-
bilities of the office of Archivist.
"(b) The Archivist shall be compensated
at the rate provided for level III of the Ex-
ecutive 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 Exec-
utive Service within the meaning of section
3132(a)(8) of title 5. The Deputy Archivist
shall perform such functions as the Archi-
vist shall designate. During any absence or
disability of the Archivist, the Deputy Ar-
chivist 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).
"0 2105. Administrative provisions
"(a) The Archivist shall prescribe such
policies, standards, criteria, procedures,
rules, and regulations as he finds necessary
or appropriate to carry out his functions.
The head of each Federal agency shall issue
such orders and directives as may be neces-
sary to conform the activities of the agency
with the policies, standards, criteria, proce-
dures, rules, and regulations prescribed by
the Archivist.
"(b) Except as otherwise expressly provid-
ed by law, the Archivist may delegate any of
his functions to such officers and employees
of the Administration as he may designate,
S 8063
and may authorize such successive redelega-
tions of such functions as he may deem to
be necessary or appropriate. A delegation of
functions by the Archivist shall not relieve
the Archivist of responsibility for the ad-
ministration of such functions.
"(c) The Archivist may organize the ad-
ministration as he finds necessary or appro-
priate.
"(d) The Archivist is authorized to estab-
lish, maintain, alter, or discontinue such re-
gional, local, or other field offices as he
finds necessary or appropriate to perform
the functions of the Archivist or the Admin-
istration.
"(e) The Archivist shall cause a seal of
office to be made for the Administration of
such design as he shall approve. Judicial
notice shall be taken of such seal.
"(f) Each Federal agency is authorized to
furnish to the Archivist, upon his request,
any information or other data which the Ar-
chivist finds necessary to carry out his
duties.
"(g) The Archivist may establish advisory
committees to advise him with respect to
any function of the Archivist or the Admin-
istration. Members of any such committee
shall serve without compensation but shall
be entitled to transportation expenses and
per diem in lieu of subsistence in accordance
with section 5703 of title 5.
"(h) The Archivist shall advise and con-
sult with interested Federal agencies with a
view to obtaining their advice and assistance
in carrying out the purposes of this chapter.
"(i) If authorized by the Archivist, officers
and employees of the National Archives and
Records Administration having investiga-
tory functions are empowered, while en-
gaged in the performance of their duties in
conducting investigations, to administer
oaths.
"12106. 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 per-
form the functions of the Archivist 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 Adminis-
tration, is authorized to utilize in the Ad-
ministration the services of officials, offi-
cers, and other personnel in other executive
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.
"!) 2107. Reports to Congress
"The Archivist shall submit to the Con-
gress, in January of each year, a report con-
cerning the administration of the National
Archives and Records Administation, the
National Historic Publications and Records
Commission, and the National Archives
Trust Fund. Such report shall describe pro-
gram administration and expenditure of
funds, both appropriated and non-appropri-
ated, by the Administration, Commission,
and the Trust Fund Board. It shall describe
research projects and publications under-
taken by Commission grantees, and by
Trust Fund grantees, including detailed in-
formation concerning the receipt and use of
all appropriated and non-appropriated
funds.".
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S 8064 CONGRESSIONAL RECORD - SENATE
(f)(1) The table of sections for chapter 21
of title 44, United States Code, is amended
to read as follows:
"Chapter 21-National Archives and
Records Administration
"Sec.
"2101. Purpose.
"2102. Definitions.
"2103. Establishment.
"2104. Officers.
"2105. Administrative provisions.
"2106. Personnel and services.
"2107. Reports to Congress.
"2108. Acceptance of records for historical
preservation.
"2109. Responsibility for custody, use, and
withdrawal of records.
"2110. Preservation, arrangement, duplica-
tion, exhibition of records.
"2111. Servicing records.
"2112. Material accepted for deposit.
"2113. Presidential archival depository.
"2114. Depository for agreements between
States.
"2115. Preservation of motion-picture films,
still pictures, and sound record-
ings.
"2116. Reports; correction of violations.
"2117. Legal status of reproductions; official
seal, fees for copies and repro-
ductions.
"2118. Limitation on liability.
"2119. Records of Congress.".
(2) The item relating to chapter 21 in the
table of chapters for title 44, United States
Code, Is amended to read as follows:
"21. National Archives and Records
Administration .................................... 2102".
(g)(1) Section 2103(4) of such title is
amended by striking out "section 2107" and
inserting in lieu thereof "section 2112".
(2) Section 2108 of such title is amended
by striking out "section 2107" each place it
appears and inserting in lieu thereof "sec-
tion 2112".
(h) Chapters 7, 15, 17, 21 (as amended by
this section), 22, 23, 25, 29, 31, and 33 of title
44, United States Code, are amended by
striking out "Administrator of General
Services! and "General Services Administra-
tion" wherever they appear and inserting in
lieu thereof "Archivist of the United
States" and "National Archives and Records
Administration", respectively.
(i)(1) Section 101 of the Presidential Re-
cordings and Materials Preservation Act is
amended-
(A) by striking out "section 2107" each
place It appears and inserting in lieu thereof
"section 2112";
(B) by striking out "section 2101" and in-
serting in lieu thereof "section 2102";
(C) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States": and
(D) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(2) Section 102 of such Act is amended-
(A) by striking out "section 2107" and in-
serting in lieu thereof "section 2112", and
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(3) Section 103 of such Act is amended by
striking out "Administrator" and inserting
in lieu thereof "Archivist".
(4) Section 104 of such Act is amended by
striking out "Administrator" each place it
appears and inserting in lieu thereof "Archi-
vist".
(j) Section 5314 of title 5, United States
Code, is amended by adding at the end
thereof the following:
"( ) Archivist of the United States.".
(k) The item relating to chapter 29 In the
table of contents for title 44, United States
Code, is amended to read as follows:
"29. Records Management by Archi-
vist of the United States ................... 2901".
(1) Sections 141-144 of title 4, Chapter 5,
United States Code, are amended by strik-
ing out "Administrator of General Serv-
ices," and "General Services Administra-
tion" wherever they appear and inserting in
lieu thereof "Archivist of the United
States," "Archivist," and "National Archives
and Records Administration" respectively.
(m) Section 199a, title 25, United States
Code, is amended by striking out "Adminis-
trator of General Services" wherever it ap-
pears and inserting in lieu thereof "Archi-
vist of the United States."
(n) Sections 106a, 106b, and 112 of title 1,
United States Code are amended by striking
out "Administrator of General Services"
wherever it appears and inserting in lieu
thereof "Archivist of the United States."
(o) Sections 6 and 11-13 of title 3, United
States Code, are amended by striking out
"Administrator of General Services" and
"General Services Administration" wherev-
er they appear and inserting in lieu thereof
"Archivist of the United States," and "Na-
tional Archives and Records Administra-
tion," respectively.
(p) Paragraphs (b)(6) and (1)(1) of the Pri-
vacy Act of 1974 are amended by striking
out "Administrator of General Services"
wherever it appears and inserting in lieu
thereof "Archivist of the United States."
(q) Section 2301.of title 44, United States
Code, is amended by striking out the second
sentence of the section.
(r) Section 2501 of title 44, United States
Code is amended by striking out the last
sentence of the section.
(s) Section 2504(a) of title 44, United
States Code is amended by striking out "the
Administrator" from the final sentence of
the section and substituting in lieu thereof
"the President and the Congress."
(t) Section 2507 of title 44, United States
Code, is deleted.
DEFINITIONS
SEC. 3. For purposes of sections 3 through
8-
(1) the term "Archivist" means the Archi-
vist of the United States appointed under
section 2104 of title 44, United States Code,
as added by section 2 of this Act; and
(2) the term "Administration" means the
National Archives and Records Administra-
tion established under section 2103 of such
title (as amended by section 2 of this Act).
TRANSFER OF FUNCTIONS
SEC. 4. (a) All authorities and functions of
the Administrator of General Services speci-
fied in chapters 7, 15, 17, 21, 22, 23, 25, 29,
31, and 33 of title 44, U.S.C., are transferred
to the Archivist of the United States ap-
pointed under section 2104 of title 44, U.S.C.
(b) The National Archives and Records
Service of the General Services Administra-
tion is transferred to the National Archives
and Records Administration.
(c) The office of Office Information Sys-
tems of the Office of Information Resources
Automated Data and Management of the
General Services Administration is trans-
ferred to the National Archives and Records
Administration.
(d) In the exercise of the functions trans-
ferred under this Act, the Archivist shall
have the same authority as had the Admin-
istrator of General Services with respect to
chapters 7, 15, 17, 21, 22, 23, 25, 29, 31, and
33 of title 44, U.S.C., and the actions of the
Archivist shall have the same force and
effect as when exercised by such Adminis-
trator.
(e) Prior to the appointment and confir-
mation of an individual to serve as Archivist
of the United States under section 2104 of
June 21, 19841
title 44, United States Code, the individual
holding the office of Archivist of the United
States on the day before the effective date
of this Act may serve as Archivist under
such section, and while so serving shall he
compensated at the rate provided under
subsection (b) of such section. ,
SEC. 5. (a) Except as otherwise provided in
this Act, the personnel employed in connec-
tion with, and the assets, liabilities, con-
tracts, property records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed held,
used, arising from, available to or to be
made available in connection with the func-
tions and agencies transferred by this Act,
subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, are trans-
ferred to the Archivist for appropriate allo-
cation. A percentage of the funds and asso-
ciated positions in the General Management
and Administration appropriation for the
General Services Administration, propor-
tionate to the percentage of National Ar-
chives and Records Service employees in the
General Services Administration, is trans-
ferred to;the Archivist for appropriate allo-
cation. Unexpended funds transferred pur-
suant to this subsection shall be used only
for the purposes for which the funds were
originally authorized and appropriated.
(b) The transfer pursuant to this title of
full-time personnel (except special Govern-
ment employees) and part-time personnel
holding permanent positions shall not cause
any such employees to be separated or re-
duced in grade or compensation for one year
after such transfer or after the effective
date of this Act, whichever is later.
SEC. 6. (a) All orders, determinations,
rules, regulations, grants, contracts, agree-
ments, permits, licenses, privileges, and
other actions which have been issued, grant-
ed, made, undertaken, or entered into in the
performance of 'any function transferred
under this Act shall continue in effect ac-
cording to their terms until modified, termi-
nated, superseded, set aside, or revoked in
accordance with law by any authorized offi-
cials, a court of competent jurisdiction, or
by operation of law.
(b)(1) The transfer of functions under this
Act shall not affect any proceedings, includ-
ing notices of proposed rulemaking, or any
application for any license, permit, certifi-
cate, or financial assistance pending on the
effective date of this Act before the General
Services Administration; but such proceed-
ings and applications, to the extent that
they relate to functions transferred under
this Act, shall be continued. Orders shall be
issued in such proceedings, appeals shall be
taken therefrom, and payments shall be
made pursuant to such orders, as if this Act
had not been enacted; and orders issued in
any such proceedings shall continue in
effect until modified, terminated, supersed-
ed, or revoked by the Archivist, by a court
of competent jurisdiction, or be operation of
law. Nothing in this subsection shall be
deemed to prohibit 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.
(2) The Archivist is authorized to prom ii-
gate regulations providing for the orderly
transfer of proceedings continued under
paragraph (1) from the General Services
Administration to the Administration.
(c) Except as provided in subsection (e)--
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June 21, 1984
CONGRESSIONAL RECORD - SENATE S 8065
(1) the provisions of this Act shall not
affect actions commenced prior to the effec-
tive date of this Act, and
(2) 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.
(d) No action or other proceeding lawfully
commenced by or against any officer of the
United States acting in his official capacity
shall abate by reason of any transfer under
this Act. No cause of action by or against
the General Services Administration or by
or against any officer thereof in the official
capacity of such officer shall abate by
reason of any transfer of functions under
this Act.
(e) If, before the date on which this Act
takes effect, the General Services Adminis-
tration 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 Archivist or other ap-
propriate official of the Administration sub-
stituted or added as a party.
(f) Orders and actions of the Archivist in
the exercise of functions transferred under
this Act shall be subject to judicial review to
the same extent and in the same manner as
if such orders and actions had been by the
individual holding the office of Archivist of
the United States 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
transfer. Any statutory requirements relat-
ing to notice, hearings, action upon the
record, or administrative review that apply
to any function transferred by this Act shall
apply to the exercise of such function by
the Archivist.
REFERENCE
SEC. 7. With respect to any functions
transferred 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 exist-
ence on the date before the effective date of
this Act or the National Archives and
Records Service of the General Services Ad-
ministration or any office or officer thereof
shall be deemed to refer to the Archivist or
the Administration.
EFFECTIVE DATE
SEC. 8. The provisions of this Act shall
take effect one hundred and twenty days
after enactment.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. BYRD. Mr. President, I move to
lay that motion on the table.
The motion to lay on the table was
agreed to.
Mr. BAKER. Mr. President, I ask
unanimous consent that the commit-
tee amendments be considered en bloc.
The PRESIDING OFFICER. With-
out objection, the amendments are
considered en bloc, and agreed to.
AMENDMENT NO. 3320
(Purpose: To make technical amendments)
Mr. BAKER. Mr. President, I send
to the desk an amendment on behalf
of the distinguished Senator from
Maryland [Mr. MATHIAS] and the Sen-
ator from Missouri [Mr. EAGLETON]
and ask for its immediate consider-
ation.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from Tennessee [Mr. BAxLR],
for Mr. MATHIAS and Mr. EAGLETON, pro-
poses an amendment numbered 3320.
Mr. BAKER. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The amendment is as follows:
Strike out all after the enacting clause
and insert in lieu thereof the following:
That this Act may be cited as the "National
Archives and Records Administration Act of
1944".
AMENDMENTS TO TITLE 44, UNITED STATES CODE
SEC. 2. (a) Sections 2101, 2102, 2103, 2104,
2105. 2106, 2107, 2108, 2109, 2110, 2111, 2112,
2113. and 2114 of title 44. United States
Code, are redesignated as sections 2102,
2103, 2108, 2109, 2110, 2111, 2112. 2113, 2114,
2115. 2116. 2117, 2118, and 2119. respective-
ly.
(b) Title 44. United States Code, is amend-
ed by inserting before section 2102 (as redes-
ignated by subsection (a)) the following new
section:
"0 2101. Purpose
"The purpose of this chapter is to estab-
lish an independent National Archives and
Records Administration due to the unique
importance of the tasks of creating, identi-
fying, and preserving the records of the
Nation which have permanent value and
making such records available to the public,
to Federal agencies, and to the Congress for
historical and other research purposes.".
(c) Section 2102 of such title (as redesig-
nated by subsection (a)), is amended-
(1) by striking out "sections 2103-2113 of";
(2) by striking out the period at the end
thereof and inserting in lieu thereof a semi-
colon; and
(3) by adding at the end thereof the fol-
lowing new paragraphs:
"'Federal agency' means, notwithstanding
section 2901(13) of this title, any executive
department, military department. Govern-
ment corporation, Government-controlled
corporation, or other establishment in the
executive branch of the Government (in-
cluding the Executive Office of the Presi-
dent), and independent regulatory agency,
or any establishment in the legislative or ju-
dicial branch of the Government (except
the Supreme Court, the Senate, the House
of Representatives, and the Architect of the
Capitol and any activities under the direc-
tion of the Architect of the Capitol);
"'Archivist' means the Archivist of the
United States appointed under section 2104;
and
"'Administration' means the National Ar-
chives and Records Administration estab-
lished under section 2103.".
(d) Section 2103 of such title is amended
to read as follows:
"0 2103. Establishment
"There is established an independent es-
tablishment in the executive branch of the
Government to be known as the National
Archives and Records Administration. The
Administration shall be administered under
the supervision and direction of the Archi-
vist....
(e) Such title is further amended by in-
serting before section 2108 (as redesignated
by subsection (a)) the following new sec-
tions:
"12104. 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 Archivist shall be appointed for a term
of ten years, but may continue to serve until
his successor is appointed and confirmed.
The Archivist shall be appointed without
regard to political affiliations and solely on
the basis of the professional qualifications
required to perform the duties and responsi-
bilities of the office of Archivist.
"(b) There shall be in the Administration
a Deputy Archivist of the United States,
who shall be appointed by and who shall
serve at the pleagure of the Archivist. The
Deputy Archivist shall be established as a
career reserved position in the Senior Exec-
utive Service within the meaning of section
3132(a)(8) of title 5. The Deputy Archivist
shall perform such functions as the Archi-
vist shall designate. During any absence or
disability of the Archivist, the Deputy Ar-
chivist 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).
"0 2105. Administrative provisions
"(a) Except as otherwise expressly provid-
ed by law, the Archivist may delegate any of
his functions to such officers and employees
of the Administration as he may designate,
and may authorize such successive redelega-
tions of such functions as he may deem to
be necessary or appropriate. A delegation of
functions by the Archivist shall not relieve
the Archivist of responsibility for the ad-
ministration of such functions.
"(b) The Archivist may organize the Ad-
ministration as he finds necessary or appro-
priate.
"(c) The Archivist is authorized to estab-
lish, maintain, alter, or discontinue such re-
gional, local, or other field offices as he
finds necessary or appropriate to perform
the functions of the Archivist or the Admin-
istration.
"(d) The Archivist shall cause a seal of
office to be made for the Administration of
such design as he shall approve. Judicial
notice shall be taken of such seal.
"(e) The Archivist may establish advisory
committees to advise him with respect to
any function of the Archivist or the Admin-
istration. Members of any such committee
who are not officers or employees of the
Government shall serve without compensa-
tion but shall be entitled, when performing
the duties of the committee, to travel and
transportation expenses and a per diem al-
lowance in the same manner and under the
same conditions as provided for employees
under section 5702 of title 5.
"(f) The Archivist shall advise and consult
with interested Federal agencies with a view
to obtaining their advice and assistance in
carrying out the purposes of this chapter.
"(g) If authorized by the Archivist, offi-
cers and employees of the Administration
having Investigatory functions are empow-
ered, while engaged in the performance of
their duties in conducting investigations, to
administer oaths.
"0 2106. 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 per-
form the functions of the Archivist 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 Adminis-
tration, is authorized to utilize in the Ad-
ministration the services of officers and em-
ployees in other executive agencies, Includ-
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ing personnel of the Armed Forces, with the
consent of the head of the agency con-
cerned.
"(d) Notwithstanding section 1342 of title
31, the Archivist is authorized to accept and
utilize voluntary and uncompensated serv-
ices.
'T 2107. Reports to Congress
"The Archivist shall submit to the Con-
gress, in January of each year, a report con-
cerning the administration of the Adminis-
tration, the National Historical Publications
and Records Commission, and the National
Archives Trust Fund. Such report shall de-
scribe program administration and expendi-
ture of funds, both appropriated and nonap-
propriated, by the Administration, the Com-
mission, and the Trust Fund Board. The
report shall describe research projects and
publications undertaken by Commission
grantees, and by Trust Fund grantees, in-
cluding detailed information concerning the
receipt and use of all appropriated and non-
appropriated funds.".
(f) Chapter 21 of such title is amended by
adding at the end thereof the following new
section:
'T 2120. Authorization of appropriations
"There are authorized to be appropriated
such sums as may be necessary to carry out
the functions of the Archivist and the Ad-
ministration under this title.".
"(g)(1) The table of sections for chapter
21 of such title is amended to read as fol-
lows:
"CHAPTER 21-NATIONAL ARCHIVES
AND RECORDS ADMINISTRA'T'ION
"Sec.
"2101. Purpose.
"2102. Definitions.
"2103. Establishment.
2104. Officers.
2105. Administrative provisions.
"2106. Personnel and services.
2107. Reports to Congress.
2108. Acceptance of records for historical
preservation.
"2109. Responsibility for custody, use, and
withdrawal of records.
"2110. Preservation, arrangement, duplica-
tion, exhibition of records.
"2111. Servicing records.
"2112. Material accepted for deposit.
"2113. Presidential archival depository.
"2114. Depository for agreements between
States.
"2115. Preservation of motion-picture films,
still pictures, and sound record-
ings.
"2116. Reports; correction of violations.
"2117. Legal status of reproductions; official
seal, fees for copies and repro-
ductions.
"2118. Limitation on liability.
"2119. Records of Congress.
"2120. Authorization of appropriations.".
(2) The item relating to chapter 21 in the
table of chapters for such title is amended
to read as follows:
"21. National Archives and Records
Administration ................................ 2101".
(h)(1) Section 1508 of such title is amend-
ed by striking out the third sentence.
(2) Section 2301 of such title is amended
by striking out the second sentence.
(3) Section 2501 of such title is amended
by striking out the last sentence.
(I) Section 2504(a) of such title is amended
by striking out "the Administrator" in the
last sentence and inserting in lieu thereof
"the President and the Congress."
(j)(1) Section 2507 of such title is re-
pealed.
(2) The table of sections for chapter 25 of
such title is amended by striking out the
item relating to section 2507.
(k)(1) Section 2108(4) of such title (as re-
designated by section 2(a) of this Act) is
amended by striking out "section 2107" and
inserting in lieu thereof "section 2112".
(2) Section 2113 of such title (as redesig-
nated by section 2(a) of this Act) is amended
by striking out "section 2107" each place it
appears and Inserting in lieu thereof "sec-
tion 2112".
(1)(1) Section 1501 of such title is amend-
ed-
(A) by striking out the period at the end
of the last paragraph and inserting in lieu
thereof a semicolon and "and"; and
(B) by adding at the end thereof the fol-
lowing new paragraph:
"'National Archives of the United States'
has the same meaning as in section 2901(11)
of this title.".
(2) Section 2109 of such title (as redesig-
nated by section 2(a) of this Act) is amend-
ed-
(A) by striking out "Administrator, the
Archivist of the United States," in the
second sentence and inserting in lieu there-
of "Archivist";
(B) by striking out "the Administrator
shall, if he concurs, and in consultation with
the Archivist of the United States," in the
third sentence and inserting in lieu thereof
"the Archivist shall, if the Archivist con-
curs,"; and
(C) by striking out "Administrator of Gen-
eral Services, by order, having consulted
with the Archivist and" in the fifth sen-
tence and inserting in lieu thereof "Archi-
vist, by order, having consulted with".
(3) Section 2204(c)(1) of such title is
amended by striking out "Service of the
General Services".
(4) Section 2205(1) of such title is amend-
ed by striking out "Service of the General
Services".
(5) Section 2110 of such title (as redesig-
nated by section 2(a) of this Act) is amended
by inserting "and Records" after "Historical
Publications" in the last sentence.
(6) Section 2504(a) of such title is amend-
ed by Inserting "and Records" after "Histor-
ical Publications" in the fourth sentence.
(7) Chapters 7-, 15, 17, 21, 22, 23, 25, 29, 31,
and 33 of such title (as amended by this sec-
tion) are further amended by striking out
"Administrator of General Services", "Ad-
ministrator", "General Services Administra-
tion" each place they appear and inserting
in lieu thereof "Archivist of the United
States", "Archivist", and "National Archives
and Records Administration", respectively.
(8) Section 3504 (e) of such title is amend-
ed by striking out "Administrator of Gener-
al Services" each place it appears and in-
serting in lieu thereof "Archivist of the
United States".
(9) Section 3513 (a) of such title is amend-
ed by striking out "Administrator of Gener-
al Services" and inserting In lieu thereof
"Archivist of the United States".
(m) The item relating to chapter 29 in the
table of contents for such title is amended
to read as follows:
"29. Records Management by Archi-
vist of the United States ................ 2901".
(n)(1) Section 2901 of such title is amend-
June 21, 1984
ties under the direction of the Architect of
the Capitol;".
(2) Section 2103 (1) of such title is amend-
ed by striking out "or of the Congress" and
inserting in lieu thereof a comma and "the
Congress, or the Supreme Court".
(o)(1) Section 101 of the Presidential Re-
cordings and Materials Preservation Act is
amended-
(A) by striking out "section 2107" each
place it appears and inserting in lieu thereof
"section 2112";
(B) by striking out "section 2101" and in-
serting in lieu thereof "section 2102";
(C) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States"; and
(D) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(2) Section 102 of such Act is amended-
(A) by striking out "section 2107" and in-
serting in lieu thereof "section 2112"; and
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivi:.::".
(3) Section 103 of such Act is amended by
striking out "Administrator" and inserting
in lieu thereof "Archivist".
(4) Section 104 of such Act is amended-
(1) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist";
(2) by striking out subsection (b);
(3) by redesignating subsection (c) and (d)
as subsections (b) and (c), respectively: and
(4) by striking out "under subsection (b)"
in subsection (b) (as redesignated by para-
graph (3) of this subsection).
(p) Section 5314 of title 5, United States
Code, is amended by adding at the end
thereof the following "Archivist of the
United States.".
(q) Sections 141 through 145 of title 4,
United States Code, are each amended by
striking out "Administrator of General
Services", "Administrator", and "General
Services Administration" each place they
appear and and inserting in lieu thereof
"Archivist of the United States", "Archi-
vist", and "National Archives and Records
Administration", respectively.
(r) The Act of March 27, 1934 (48 Stat.
501, chapter 93; 25 U.S.C. 199a) is amend-
ed-
(1) by striking out "Administrator of Gen-
eral Services" each place it appears and in-
serting in lieu thereof "Archivist of the
United States"; and
(2) by striking out "section 2112(b)" and
inserting in lieu thereof "section 2117(b)".
(s)(1) Sections 106a, 106b, 112, and 113 of
title 1, United States Code are each amend-
ed by striking out "Administrator of Gener-
al Services" each place it appears and in-
serting in lieu thereof "Archivist of the
United States."
(2) Section 106b of such title (as amended
by paragraph (1) of this subsection) is fur-
ther amended by striking out "General
ed by striking out paragraph (13) and insert- Services Administration" and insereting in
ing in lieu thereof the following: lieu thereof "National Archives and Records
"(13) the term 'executive agency' shall Administration".
have the meaning given such term by sec- (t)(1) Sections 6, 11, 12, and 13 of title 3,
tion 3 (a) of the Federal Property and Ad- United States Code, are amended by strik-
ministrative Services Act of 1949 (40 U.S.C. ing out "Administrator of General Services"
472 (a)); and and "General Services Administration" each
"(14) the term 'Federal agency' means any place they appear and inserting in lieu
executive agency or any establishment in thereof "Archivist of the United States,"
the legislative or judicial branch of the Gov- and "National Archives and Records Admin-
ernment (except the Supreme Court, the istration." respectively.
Senate, the House of Representatives, and (2)(A) The heading of section 6 of such
the Architect of the Capitol and any activi- title is amended to read as follows:
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"9 6. Credentials of electors; transmission to Ar-
chivist of the United States and to Congress;
public Inspection".
(B) The heading of section 12 of such title
is amended to read as follows:
"ll 12. Failure of certificates of electors to reach
President of the Senate or Archivist of the
United States; demand on, State for certificate".
(C) The table of sections for chapter 1 of
such title is amended by striking out "Ad-
ministrator of General Services" each place
it appears in the items pertaining to sec-
tions 6 and 12 and inserting in lieu thereof
"Archivist of the United States".
(u) Section 552a of title 5, United States
Code is amended-
(1) by striking out subsection (b)(6) and
inserting in lieu thereof the following:
"(6) to the National Archives and Records
Administration as a record which has suffi-
cient historical or other value to warrant its
continued preservation by the United States
Government, or for evaluation by the Archi-
vist of the United States or the designee of
the Archivist to determine whether the
record has such value;"; and
(2) by striking out "Administrator of Gen-
eral Services" each place it appears in sub-
section (1)(1) and inserting in lieu therof
"Archivist of the United States".
DEFINITIONS
SEC. 3. For purposes of sections 3 through
8-
(1) the term "Archivist" means the Archi-
vist of the United States appointed under
section 2104 of title 44, United States Code
(as added by section 2 of this Act); and
(2) the term "Administration" means the
National Archives and Records Administra-
tion established under section 2103 of such
title (as amended by section 2 of this Act).
TRANSFER OF FUNCTIONS
SEC. 4. (a) All functions of the Administra-
tor of General Services under chapters 7, 15,
17, 21, 22, 23, 25, 29, 31, and 33 of title 44,
United States Code, are transferred to the
Archivist.
(b) The National Archives and Records
Service of the General Services Administra-
tion is transferred to the Administration.
(c) The Office of Office Information Sys-
tems of the Office of Information Resources
Management of the General Services Ad-
ministration is transferred to the Adminis-
tration.
(d) In the exercise of the functions trans-
ferred under this Act, the Archivist shall
have the same authority as had the Admin-
istrator of General Services prior to the
transfer of such functions, and the actions
of the Archivist shall have the same force
and effect as when exercised by such Ad-
ministrator.
(e) Prior to the appointment and confir-
mation of an individual to serve as Archivist
of the United States under section 2104 of
title 44, United States Code, the individual
holding the office of Archivist of the United
States on the day before the effective date
of this Act may serve as Archivist under
such section, and while so serving shall be
compensated at the rate provided under
subsection (b) of such section.
TRANSFERS
SEC. 5. (a) Except as otherwise provided in
this Act, the personnel employed in connec-
tion with, and the assets, liabilities, con-
tracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed, held,
used, arising from, available to or to be
made available in connection with the func-
tions and agencies transferred by this Act,
subject to section 1531 of title 31, United
States Code, are transferred to the Archivist
for appropriate allocation. A percentage of
the funds and associated positions in the
General Management and Administration
appropriation for the General Services Ad-
ministration, proportionate to the percent-
age of National Archives and Records Serv-
ice employees in the General Services Ad-
ministration, is transferred to the Archivist
for appropriate allocation. Unexpended
funds transferred pursuant to this subsec-
tion shall be used only for the purposes for
which the funds were originally authorized
and appropriated.
(b) The transfer pursuant to this title of-
full-time personnel (except special Govern-
ment employees) and part-time personnel
holding permanent positions shall not cause
any such employees to be separated or re-
duced in grade or compensation for one year
after such transfer or after the ,effective
date of this Act, whichever is later.
SAVINGS PROVISIONS
Svc. 6. (a) All orders, determinations,
rules, regulations, grants, contracts, agree-
ments, permits, licenses, privileges, and
other actions which have been issued, grant-
ed, made, undertaken, or entered into in the
performance of any function transferred
under this Act shall continue in effect ac-
cording to their terms until modified, termi-
nated, superseded, set aside, or revoked in
accordance with law by the Archivist, a
court of competent jurisdiction, or by oper-
ation of law.
(b)(1) The transfer of functions under this
Act shall not affect any proceedings, includ-
ing notices of proposed rulemaking, or any
application for any license, permit, certifi-
cate, or financial assistance pending on the
effective date of this Act before the General
Services Administration; but such proceed-
ings and applications, to the extent that
they relate to functions transferred under
this Act, shall be continued. Orders shall be
issued in such proceedings, appeals shall be
taken therefrom, and payments shall be
made pursuant to such orders, as if this Act
has not been enacted; and orders issued in
any such proceedings shall continue in
effect until modified, terminated, supersed-
ed, or revoked by the Archivist, by a court
of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be
deemed to prohibit 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.
(2) The Archivist is authorized to promul-
gate regulations providing for the orderly
transfer of proceedings continued under
paragraph (1) from the General Services
Administration to the Administration.
(c) Except as provided in subsection (e)-
(1) the provisions of this Act shall not
affect actions commenced prior to the effec-
tive date of this Act, and
(2) 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.
(d) No action or other proceeding lawfully
commenced by or against any officer of the
United States acting in his official capacity
shall abate by reason of any transfer under
this Act. No cause of action by or against
the General Services Administration or by
or against any officer thereof in the official
capacity of such officer shall abate by
reason of any transfer of functions under
this Act.
(e) If, before the date on which this Act
takes effect, the General Services Adminis-
tration or any officer thereof in the official
capacity of such officer, is a party to an
action, and under this Act any function in
S 8067
connection with such action is transferred
to the Archivist or any other official of the
Administration, then such action shall be
continued with the Archivist or other ap-
propriate official of the Administration sub-
stituted or added as a party.
(f) Orders and actions of the Archivist in
the exercise of functions transferred under
this Act shall be subject to judicial review to
the same extent and in the same manner as
if such orders and actions had been by the
individual holding the office of Archivist of
the United States 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
transfer. Any statutory requirements relat-
ing to notice, hearings, action upon the
record, or administrative review that apply
to any function transferred by this Act shall
apply to the exercise of such function by
the Archivist.
REFERENCE
Sac. 7. With respect to any function trans-
ferred by this Act and exercised after the ef-
fective date of this Act, reference in any
other Federal law to the office of the Archi-
vist of the United States as in existence on
the date before the effective date of this Act
or the National Archives and Records Serv-
ice of the General Services Administration
or any office or officer thereof shall be
deemed to refer to the Archivist or the Ad-
ministration, respectively.
EFFECTIVE DATE
SEC. 8. The provisions of this Act shall
take effect one hundred and twenty days
after enactment.
Amend the title so as to read: "A bill to es-
tablish the National Archives and Records
Administration as an independent agency.".
Mr. MATHIAS. Mr. President, the
reestablishment of a separate National
Archives and Records Administration
has been a subject of debate ever since
1949, when the then independent
agency was incorporated into the
newly created General Services Ad-
ministration. At that time, in a major
reorganization, several independent
operations of Government were con-
solidated into the GSA superagency in
an effort to achieve governmental effi-
ciency.
Over the past 34 years, it has
become clear that the mission of the
National Archives-to preserve the Na-
tion's documentary history-is funda-
mentally incompatible with that of
GSA-to provide housekeeping serv-
ices to the Federal Government. The
result has been exactly the opposite of
what was intended. Governmental in-
efficiency, confused lines of responsi-
bility and authority, duplication of
effort, and prolonged decisionmaking
have hampered and increased the cost
of operations of both the Archives and
the General Services Administration.
The preservation of the Federal Gov-
ernment's important historical records
has been hampered because of the
odd-couple arrangement between the
two agencies.
S. 905, the bill before us, will cure
this problem by reestablishing an in-
dependent agency, the National Ar-
chives and Records Administration.
The agency is to be headed by the Ar-
chivist of the United States, a Presi-
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dential appointee, confirmed by the
Senate for a 10-year term.
The bill returns authority, now with
the Administrator of General Services,
to the Archivist of the United States,
with respect to the creation, manage-
ment, appraisal, disposition, accession,
and preservation of Federal records.
It transfers responsibility from GSA
to the Archivist for the Federal Regis-
ter, the Presidential Libraries, the Na-
tional Archives Trust Fund, the Na-
tional Historical Publications and
Records Commission, and the regional
records centers. It provides for a trans-
fer of personnel, funds, contracts,
property, liabilities, and records now
employed in those activities from GSA
to the new independent agency. In ad-
dition, a percentage of the funds and
associated positions in the general
management and administration ap-
propriation for GSA proportionate to
the percentage of NARS employees in
GSA is transferred to the Archivist for
appropriate allocation. The Congres-
sional Budget Office estimates the net
cost of this reorganization to be zero.
The sponsors of this legislation want
to make clear that the savings provi-
sion of this legislation is intended to
continue in full force and effect the
current union-management agreement
between American Federation of Gov-
ernment Employees Local 2578 and
GSA/NARS. We also emphasize that
the National Archives Trust Fund
Board and the National Historical
Publications and Records Commission
should limit their independent hiring
to those positions which cannot be
filled in a practicable and timely way
through civil service competitive
hiring.
We recognize the unique expertise
needed for certain positions such as fi-
nancial and cash management; mar-
keting and product development; pub-
lication, sales, and distribution; and re-
production of special works; as well as
the museum functions of the Archives
and Presidential libraries. We also rec-
ognize the need for flexibility in hiring
for part-time, intermittent employees.
The sponsors of this bill on the Gov-
ernmental Affairs Committee will con-
tinue to monitor these activities close-
ly and will take appropriate action
where warranted. In addition, the bill
requires an annual report to the Con-
gress by the Archivist concerning the
program administration and expendi-
ture of funds by the National Archives
and Records Administration, the Trust
Fund, and NHPRC. The report shall
also describe research projects and
publications undertaken by Commis-
sion and Trust Fund grantees. So the
Committee on Governmental Affairs
intends to continue its oversight of Ar-
chives operations and make adjust-
ments as needed.
Mr. President, this bill has been
before the Senate since 1980. The
Committee on Governmental Affairs
has held two hearings on the bill
during that time as well as a number
of hearings related to the present or-
ganizational arrangement between Ar-
chives and GSA and the costs and size
of Presidential libraries. The commit-
tee has reviewed at least six major
studies on the organizational place-
ment of the Nation's archival func-
tions dating back to the 1949 Leahy
task force of the Hoover Commission.
All but one concluded that the Nation-
al Archives should be restored to its
former independent status. The other,
while stopping short of separating
GSA and Archives, called for transfer-
ring basic achival responsibilities from
the GSA Administrator to the Archi-
vist, ensuring more autonomy for the
agency in its decision-making, and
making the Archivist a Presidential
appointee. All of these proposals are
incorporated in this bill.
The organizational placement of na-
tional archives in other countries was
also instructive to the Senate Govern-
mental Affairs Committee. In a survey
of 99 countries, 25 make the national
archives directly responsible to the
president, prime minister, cabinet,
council of ministers, or an independ-
ent board. Nineteen countries place
their archives in a ministry of culture,
17 in a ministry of education, and 15 in
a ministry of interior or home affairs.
It is apparent that foreign govern-
ments attach more prestige and impor-
tance to their national archives than
do we.
Mr. President, this legislation enjoys
the broad bipartisan cosponsorship of
45 Senators. It is the sponsors' intent,
and the bill plainly states that this
legislation simply designs a reorganiza-
tion. No new powers are conferred on
the Archivist that are not currently
held by the GSA Administrator. Cur-
rent law, with respect to records man-
agement, access, appraisal, disposition,
and preservation, is continued un-
changed under the authority of the
Archivist.
The sponsors did not set out to settle
any turf battles over which agency
and which statute has preeminent
rule. Our purpose was simply to reor-
ganize sensibly and in a cost-effective
way. We believe existing case law
should prevail with respect to the lines
of authority and controlling statutes
between and among departments and
agencies.
If interagency squabbles persist, as
they are bound to do. and if the effi-
cient and effective working of Govern-
ment is impaired by such ongoing dis-
putes, then the Congress should
devote reasoned, careful thought to
such problems separately in formal
hearings and debate.
It is not our purpose here either to
increase or to diminish the current au-
thorities of the Archivist of the United
States now vested in the GSA Admin-
istrator. Now I am aware of certain
concerns that have been raised recent-
ly by the Department of Justice and
the Department of the Treasury.
These issues, which were brought to
our attention for the first time on
May 3, long after this legislation was
heard, marked up, and reported, are
longstanding ones between those agen-
cies and the GSA Administrator in his
records management and archival role.
The concerns brought to us focus on
access by the Archivist and, ultimate-
ly, the public to FBI records, grand
jury records, electronic surveillance
files, and IRS income tax returns and
return information. In addition, na-
tional security concerns with respect
to access by the Archivist have also
been raised.
These are ongoing concerns of those
two agencies and they are legitimate
concerns. Nevertheless, those agencies'
own statutes specifically protect those
records from disclosure to other agen-
cies except in very narrow circum-
stances.
Provisions for protecting Federal
records for national security reasons
are likewise contained both in the re-
spective agencies' statutes and in the
existing statutes governing the access,
records management, and archival
functions transferred by this bill from
GSA to the Archivist.
Mr. President, I ask unanimous con-
sent to have printed in the RECORD a
memorandum by the American Law
Division of the Congressional Re-
search Service addressing these con-
cerns.
There being no objection, the memo-
randum was ordered to be printed in
the RECORD, as follows:
CONGRESSIONAL RESEARCH SERVICE,
Washington, D.C., May 7, 1984.
To: Senate Governmental Affairs Subcom-
mittee on Governmental Efficiency and
the District of Columbia (Attention
Marion Morris).
From: American Law Division.
Subject: Access To Confidential Records By
Archivist Under Bill To Establish Ar-
chives as Independent Agency.
This memorandum briefly addresses con-
cerns expressed by agencies over a provision
in S. 905, a bill to establish the National Ar-
chives and Records Administration as an in-
dependent agency, that enables the Archi-
vist to secure certain information from
other agencies.
S. 905, 98th Cong., 2d Sess., would remove
the Archives from the purview of the Gen-
eral Services Administration, make the Ar-
chivist a presidential appointee with a fixed
ten-year term, and conform existing func-
tions and powers of the Archivist to the new
administrative structure. The basic func-
tions of the Archivist presently exercised
under delegations of authority from the Ad-
ministrator of the General Services Admin-
istration would remain essentially intact but
would be transferred to the administrative
control of an independent, presidentially-ap-
pointed Archivist. See, S. Rept. No. 98-373,
98th Cong., 2d Sess. 29-57 (1984).
Both the Department of Justice and the
Secretary of the Treasury have objected to
one provision in the bill that in their view
enhances the Archivist's ability to obtain
unrestricted access to confidential records,
such as tax return information, classified
data, grand jury material, and wiretap
records, that are protected from disclosure
by other laws. The provision in question,
section 2(e) of the bill, would add a new 44
U.S.C. 2105(f), and states that "(elach Fed-
eral agency is authorized to furnish to the
Archivist, upon his request, any information
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or other data which the Archivist finds nec-
essary to carry out his duties."
Currently, the Administrator of General
Services or his designee (in this case, the Ar-
chivist) in the course of his records manage-
ment functions "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." 44 U.S.C.
2906(aXl). However, the law further pro-
vides that "[r]ecords, the use of which is re-
stricted by law or'for reasons of national se-
curity or the public interest, shall be in-
spected, in accordance with regulations pro-
mulgated by the Administrator, subject to
the approval of the head of the agency con-
cerned or of the President." 44 U.S.C.
2906(aX2). Thus, the Archivist's access to
records containing such information as tax
return information, grand jury material,
and wiretap data, protected from disclosure
by other statutes, is subject to agency head
approval pursuant to 44 U.S.C. 2906(a)(2).
American Friends Service Committee v.
Webster, 720 F.2d 29, 69 (D.C. Cir. 1983). S.
905 would not change these provisions of
law except to substitute the Archivist for
the General Services Administrator as the
operative official.
It would seem unlikely that the proposed
44 U.S.C. 2105(f) would be interpreted to
override the explicit provisions governing
Archivist access to restricted information.
To read the proposed provision with such
breadth would arguably swallow all other
provisions that detail the access rights of
the Archivist. See, 44 U.S.C. 2906, 2103(2)
(transfer of historical records), 3303a
(schedules of records disposal); American
Friends Service Committee, supra, 720 F.2d
at 37, 77. The placement of the provision as
one of several purely adminstrative provi-
sions in the bill (proposed 44 U.S.C. 2105(a)-
(I)) and the lack of explanatory material
and attention in the Senate Report on the
bill would seem to argue for a less expansive
interpretation of the provision. See, S. Rept.
No. 98-373, 98th Cong., 2d Bess. 24. Further-
more, the provision speaks of access to "in-
formation or other data" and not "records",
the term used throughout the archival ad-
ministration and records management laws
to describe what it is the Archivist is to have
access to and administer. See, 44 U.S.C.
2103, 2906, 3303. While semantically the
terms "any information or other data" can
conceivably encompass practically all
records, such an interpretation would
render meaningless the provisions that
govern Archivist access to various records
for particular purposes.
RICHARD C. EHLKS,
Specialist in American Public Law.
Mr. MATHIAS. Mr. President, the
protection from disclosure of certain
records and the national security con-
cerns raised are ongoing ones for those
agenices, as well they should be. But I
believe, as do the other sponsors of
this legislation, that the fears of those
departments, that a change in the des-
ignation of the responsible Federal of-
ficial for national archival functions
brings with it a change in authority in
those areas, are unfounded.
The courts have ruled recently on
some of these very issues with respect
to access for records management pur-
poses by the Archivist to tax returns
and tax return information, grand
jury materials, and electronic surveil-
lance materials. The U.S. Court of Ap-
peals for the District of Columbia has
ruled that those records fall within
the statutory description, "records,
the use of which is restricted by law."
The court interpreted section
2906(a)(2) of title 44 (inspection of
agency records by the Archivist) to re-
quire approval by the FBI Director or
the President for such records to be
inspected by the Archivist for records
management purposes. . We believe
such case law should remain undis-
turbed.
So the privacy safeguard already
exists in current agency and Archives'
statutes and has been reaffirmed by
the courts.
The agency and Archives statutes
also provide for protection of records
for national security reasons. There is
no intent to change such safeguards in
this bill.
Section 2906 of the Record Manage-
ment Chapter, which remains undis-
turbed by the bill before us, states,
and I will read only the relevant parts:
Svc. 2906. (aXi) "In carrying out his
duties and responsibilities under this chap.
ter the Archivist of the United States ...
may inspect the record or the records man-
agement practices and programs of any fed-
eral agency solely for the purpose of render-
ing recommendation for the improvement
of records management practices and pro-
grams. Officers and employees of such agen-
cis shall cooperate fully in such inspections,
subject to the provisions of para. (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 Archivist, subject to the approval of the
head of the agency concerned or of the Presi-
dent (emphasis added)
(3Xb) ... "(b) In conducting the inspec-
tion of agency records provided for in sub-
section (a) of this section, the Archivist or
his designee shall, in addition to complying
with the provisions of law cited in subsec.
(aX3). comply with all other federal laws
and be subject to the sanctions provided
therein. (emphasis added)
. Both the Department of Justice and
the Department of the Treasury have
expressed concern about two provi-
sions of S. 905. One is section 2105(a)
which provides, as does the current
title 44, for rulemaking by the Archi-
vist to carry out his duties and for con-
forming activities by other Federal
agencies. We have deleted that section
in order to assure the Departments
concerned that no new authority is
contemplated for the Archivist than
exists under the present title 44 for
the GSA Administrator.
Second, the two Department object-
ed to section 2105(f) of the bill which,
again. tracks the current statute in au-
thorizing other Federal agencies to
voluntarily provide information and
data to the Archivist to carry out his
duties. We have deleted that section as
well to assuage departmental con-
cerns.
Mr. President, reestablishing the in-
dependent agency status of the Na-
tional Archives is all that this bill
seeks to do.
It can, we believe, restore profession-
alism to the archival appraisal, acqui-
S 8069
sition, disposition, preservation, and
public presentation of the Federal
Government's records. It can achieve
governmental efficiencies by focusing
on a clear mission with direct lines of
authority to the Archivist. It can insu-
late the preservation and presentation
of our Government's activities from
political influence. And it can reduce
the backlog of records to be acces-
sioned, appraised, preserved and made
available for scholarly research by
present and future historians, genealo-
gists and the Federal Government
itself. The end result of this reorgani-
zation will be better service to the
public-to American citizens seeking
to learn about their government and
its history and a better institutional
memory by public policymakers.
I urge my colleagues to act favorably
on this measure.
AMENDMENT NO. 3321
Mr. BAKER. Mr. President, I send
to the desk an amendment on behalf
of the distinguished Senator from
Kansas (Mr. Do1.a] as a proposed sub-
stitute to the amendment by the Sena-
tor from Maryland [Mr. MATHIAS] and
ask for its immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from Tennessee (Mr. BAKER].
for Mr. Dora, proposes amendment num-
bered 3321.
Mr. BAKER. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
At an appropriate place in the substitute
insert the following: Notwithstanding any
provision of this Title, no return or return
information as defined in section 6103 of
Title 26 of the United States Code may be
disclosed except as authorized by Title 26.
Mr. DOLE. Mr. President, the Sena-
tor from Kansas offers an amendment
to assure that section 6103 of the In-
ternal Revenue Code will continue to
control the access to tax returns and
return information. I understand the
distinguished Senator from Maryland
is willing to accept this amendment
and I wish to thank him for his will-
ingness to adapt the measure to re-
flect the concerns of the Internal Rev-
enue Service.
The bulk of the records received by
the Internal Revenue Service are tax
returns or return information. Since
enactment of 26 U.S.C. 6103 in the
Tax Reform Act of 1976, the Congress
has consistently reflected the public's
concern that these records are confi-
dential in nature and are to be dis-
closed only as expressly provided in 26
U.S.C. 6103. Comprehensive disclosure
and safeguard restrictions apply to
these records whether in the posses-
sion of IRS or another agency as the
result of a disclosure authorized by
this statute.
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It has been brought to my attention
that the provisions of S. 905 might be
misconstrued as indicating changed
congressional intent regarding the
confidentiality of tax records. Accord-
ingly, I offer an amendment to S. 905
that insures the primacy of 26 U.S.C.
6103 on this issue. It's my understand-
ing that the sponsors of S. 905 have re-
viewed my suggested amendment and
have agreed to its inclusion in the leg-
islation. Nothing in this amendment
would prevent the acceptance by the
archivist of returns donated by the
taxpayer or of tax records that have
become part of the public record
through judicial or administrative pro-
ceedings.
Mr. MATHIAS. Mr. President, we
are prepared to accept this amend-
ment on this side.
Congress in the Tax Reform Act of
1976 rejected the concept which had
prevailed since 1920 that individual
income tax information was a general
Government asset. It amended section
6103 of the code to provide that tax
return information "shall be confiden-
tial" and no one with access to it shall
disclose it "except as authorized by
the code." The basic premise of that
section of the Tax Code was to ensure
no disclosure of individually identifia-
ble tax returns and return information
for uses other than tax administration
unless Congress specifically authorized
such disclosure.
Section 6103 of the Tax Code au-
thorizes the following persons to re-
ceive information in which an individ-
ual's identity is revealed:
Persons designated by the taxpayer.
State tax officials.
Persons having a material interest;
for example, the taxpayer, a spouse;
partners; certain shareholders.
Congressional committees.
The President.
White House personnel and the
heads of Federal agencies in connec-
tion with "tax checks."
The Trersury Department and the
Justice Department in civil and crimi-
nal cases.
Federal agencies in noncriminal tax
cases.
GAO.
In addition, various other Federal
agencies, such as the Bureau of the
Census, can obtain tax return informa-
tion for statistical use. But such access
by these agencies is sharply circum-
scribed with respect to nontax pur-
poses.
The Archivist is not one of those au-
thorized by section 103 to see individ-
ually identifiable tax returns or tax in-
formation while in the possession of
the custodial agency. He may request,
as he has done in the past, to see such
information for appraisal, records
management, and disposition schedul-
ing purposes under his own statute
(see 44 U.S.C. 2906). But he may only
gain access to such records to carry
out these archival functions if the
agency head or the President of the
United States approves his request.
This amendment would restrict the
Archivist in the performance of his
duties even more than section 103. It
not only precludes the Archivist from
inspecting tax return and return infor-
mation while in the possession of the
agency, for records management pur-
poses-that is, the responsibility to
provide guidance to agencies with re-
spect to records creation, records
maintenance and use and records dis-
position-but it also precludes the Ar-
chivist from future access to such
records for archival purposes-that is,
the appraisal, accessioning, preserva-
tion, and making available to the
public of permanently valuable histor-
ic Federal records.
There are three areas of Archives ac-
tivities which this amendment affects
about which we wish to be clear with
respect to congressional intent. we
share the views of the Chief Counsel
to the National Archives that this
amendment does not change the
status of current records storage serv-
ices-that is handling of records with-
out seeing their contents-now per-
formed for the IRS by GSA/Archives
at regional records centers pursuant to
a reimbursable agreement between the
two agencies.
Furthermore, we believe this amend-
ment is prospective in nature and
would not affect the status of those
IRS records now held as part of the
permanently valuable records of the
Archives and currently available to
the public. For example, they include
Civil War era Internal Revenue assess-
ment lists by State and collection dis-
trict, among others.
We note, however, that this amend-
ment carries with it a small paperwork
and administrative cost which should
be recognized. The cost arises when
the National Archives acquires Feder-
al records from agencies other than
IRS, which records may contain tax
returns or return information. The
cost of screening and segregating such
information, unless it has been previ-
ously publicly disclosed, from those
permanently valuable Federal records
has been estimated by the Archives at
approximately $162,000 per year. The
IRS would have to retain such tax
return information in a retrievable
form.
Mr. President, I ask unanimous con-
sent to have printed in the RECORD the
Archives Chief Counsel's memo on
this amendment as well as a cost esti-
mate by the Archives on the amend-
ment.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
GENERAL SERVICES ADMINISTRATION,
Washington, DC, June 1, 1984.
PROPOSED AMENDMENT TO S. 905
This is in response to your inquiry about
the impact of proposed legislative language
upon certain archival functions. The pro-
posed amendment to Senate Bill 905 (the
"National Archives and Records Administra-
tion Act of 1983") submitted by the Internal
Revenue Service (IRS) states in pertinent
part: "(j) Notwithstanding any provision of
June 21, 1984
this title, no return or return information as
defined in section 6103 of title 26 of the
United States, may be disclosed to the Ar-
chivist or to any officer or employee of the
Administration by any Federal agency,
except as authorized by title 26 ...."
You have Inquired what impact, if any,
this language would have upon: (1) storage
and reference services provided to the IRS
in the Federal records centers; (2) future
accessioning of permanently valuable
records into the National Archives; and (3)
status of accessioned records containing tax
return information. In our opinion, the pro-
posed amendment would have no impact
upon (1) and (3) described above, but would
adversely affect the archival function de-
scribed in (2).
(1) FEDERAL RECORDS CENTERS
We understand that NARS currently
stores and services IRS tax returns in Fed-
eral records centers. Indeed, NARS is in-
volved in a dispute with IRS over the pay-
ment of standard level user charges for stor-
age of IRS returns in these records centers.
In American Friends Service Committee v.
Webster, 720 F.2d 29 (D.C. Cir. 1983), the
court of appeals specifically addressed the
issue of use of records containing tax return
information and the prohibition of 26 U.S.C.
? 6103. One of the disputes in this action in-
volved whether NARS' archivists had the
authority to inspect FBI files which con-
tained tax return information. In general,
the court held that, under 44 U.S.C.
* 2906(a)(2), NARS archivists had no au-
thority to review records containing tax
return information unless approved by the
Director of the FBI or the President. In its
opinion, the court discussed expressly the
use of Federal records centers by IRS and
the prohibition of Section 6103.
"Section 6103 is a formidable law restrict-
ing the use of records. It contains many sub-
sections listing persons and entities to
whom disclosure may be made for specified
purposes or under defined circumstances.""
The district court regarded subsection (n) as
authorizing the NARS inspection at issue.
Section 6103(n) provides:
Pursuant to regulations prescribed by the
Secretary, returns and return information
may be disclosed to any person ... to the
extent necessary in connection with the
processing, storage, transmission, and repro-
duction of such returns and return informa-
tion, and the programming, maintenance,
repair, testing, and procurement of equip-
ment, for purposes of tax administration.
"26 U.S.C. ? 6103(n). The district court
said of this provision: "On its face, the use
of the word 'storage' appears to encompass
the very sort of access envisioned by the ar-
chival statutes." Mem. op. of June 9, 1981,
at 9, reprinted in App. at 47. The subsection
does relate to one of the Archives' func-
tions: returns and return information may
be transferred for storage to a records
center maintained and operated by NARS.
See 44 U.S.C. ? 2907, 3103.69 But the Ar-
chives' storage or warehousing function is
distinct from its records management func-
tion.?? Section 6103(n) authorizes disclosure
to any person to the extent necessary to the
performance of the listed services."
"69 Congress made no specific reference to NARS
in 16103. It apparently sought, through ? 6103(n),
to provide statutory authorization for the Internal
Revenue Service's practice of contracting with pri-
vate companies for the various recordkeeping serv-
ices listed in the subsection. The Senate Report re-
ferred to 16103(n) as authorizing "disclosures to
contractors who perform processing, storage, trans-
mission, reproduction, programming, maintenance,
testing, or procurement of equipment services for
the IRS." S. Rep. No. 94-938, pt. I, supra, at 344.
See also id. at 341.
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"90 Nor should MARS' storage function be coin
fused with its "archival administration" function
Compare 41 C.F.R. 1101-11.410-7 (1982) (records
stored in Federal Records Centers are "considered
to be maintained by the agency which deposited
[them]") with 41 C.F.R. 1101-11.411-1 (1982)
("1NARS] is responsible for the custody, use, and
withdrawal of records (accessioned into the Ar-
chives(.")
Based upon the court's determination,
quoted above, we conclude that 26 U.S.C.
16103(n) provides authority for IRS tax
return records to be stored and serviced in
Federal records centers. Therefore, the pro-
visions of the proposed amendment will not
be violated because such a disclosure of IRS
tax return records to Federal record center
personnel is authorized by title 26.
2. FUTURE ACCESSIONING OP PERMANENTLY
VALUABLE RECORDS
The second major archival function which
could be affected by the proposed amend-
ment to 8.905, quoted above, is that of
accessioning permanently valuable records
into the national archives. This function is
presently outlined in 44 U.S.C. 11 2103 and
2104. These provisions are carried over, with
minor changes, in Sections 2108 and 2109 of
S. 905. The first issue to be discussed herein
Is the present relationship between the
NARS' authorities, set forth in Sections
2103 and 2104, and the prohibitions con-
cerning tax return information, set forth in
26 U.S.C. 16103. The second issue is wheth-
er this present relationship is affected by
the proposed amendment.
The court in American Friends Service
Committee v. Webster, supra, discussed the
topic of restricted use records. First, the
court determined that Section 6103 did not
provide for access to NARS archivists to in-
spect for appraisal purposes tax return in-
formation in FBI records. In particular, the
court concluded that under its records man-
agement function (44 U.S.C. Ch. 29), NARS
had no authority to review tax return infor-
mation unless approved by the Director of
the FBI or the President. However, in its
discussion the court stated further that its
holding that NARS could not inspect re-
stricted materials in FBI files did not deal
with NARS' "archival administration" func-
tion, governed by 44 U.S.C. Ch. 21. 720 F.2d
at 95.
Based upon the court's decision and the
language of the respective statutes, it is our
opinion that NARS may direct, under Sec-
tion 2103, the transfer into the National Ar-
chives of records containing tax return in-
formation that are determined to have con-
tinuing value. It is also our opinion that, for
these accessioned records, the restriction set
forth under 26 U.S.C. f 6103 would be sub-
ject to the requirements of 44 U.S.C. 12104.
The language of the proposed amendment
to S. 905 would greatly affect NARS'
present authorities under Sections 2103 and
2104. Because this added provision, by its
own language, would apply to all of Chapter
21, the prohibitions of 26 U.S.C. 16103
would then, for the first time, constrain
NARS' authorities in accessioning new
records under Sections 2103 and 2104. Thus,
if this proposed amendment were adopted,
permanently valuable records containing
tax return information, from any agency,
could not be disclosed to NARS. This new
prohibition could require every agency to
provide a document-by-document review of
its records and withdraw documents con-
taining tax return Information before trans-
ferring them into the National Archives.
Not only would this be a burdensome task
upon all agencies but also it would result in
many permanently valuble records being
withheld from NARS and the American
people. Obviously, this would gravely impair
NARS' ability to perform its accessioning
function and administer the National Ar-
chives program.
9: ACCESSIONED RECORDS CONTAINING TAx
RETURN INFORMATION
We understand that NABS may already
have accessioned into the National Archives
records which contain tax return informa-
tion. Some of these records may have been
processed and now publicly available. Other
records may be temporarily closed to re-
searchers for personal privacy or other rea-
sons. The final issue to be resolved is wheth-
er the proposed amendment to S. 905 would
affect the authority of NARS to continue to
make publicly available accessioned records
which contain tax return information.
NARS' authority to accept, store, preserve
and eventually make available to the public
permanently valuable records is found in
Chapter 21 of Title 44 United States Code.
The proposed amendment to S. 905 does not
directly negate any of NARS' authorities
with respect to records already accessioned.
The purpose of the proposed amendment is
to prohibit the future disclosure and trans-
fer of records containing tax return infor-
mation from Federal agencies to NARS. The
proposed amendment makes no attempt to
require the return of accessioned records.
Unless a statute specifically states that it is
effect is retroactive, the statutes is pre-
sumed to be prospective. See Union Pacific
Railroad Co. v. Laramie Stock Yard Co., 231
U.S. 190 (1913); Farmington River Power
Co. v FPC, 455 F.2d 86 (2nd Cir. 1972).
We therefore conclude that the proposed
amendment would not require the NARS
return to transferring agencies all acces-
sioned records which contain tax return in-
formation. This conclusion, however, does
not mean that IRS would not argue for the
return of such records on the ground they
were improperly transferred to NARS. The
basis for such a position by IRS would be
Section 6103 rather than the proposed
amendment.
CONCLUSION
Based upon our review of the various stat-
utes and pertinent caselaw, we have con-
cluded that the proposed amendment to S.
905 would affect neither the storage of IRS
records in Federal records centers nor the
archival processing of accessioned records in
the National Archives. However, this propo-
sed amendment would gravely impair
NARS' ability to administer its continuing
program of accessioning permanently valua-
ble records into the National Archives.
GARY L. BROOKS,
Chief Counsel,
National Archived and Records Services.
GENERAL SERVICES ADMINISTRATION,
Washington, DC, June 7 ,1984.
Hon. CHARLES McC. MATHIAS, Jr.,
U.S. Senate,
Washington, DC.
DEAR SENATOR MATHIAS: Attached is the
information you requested concerning the
costs of screening incoming archival acces-
sions for possible tax return/tax data infor-
mation.
The cost is based on an analysis of records
scheduled for accessioning in fiscal year
1985 plus records located in records centers
which have previously been identified for
accessioning but have been deferred, i.e.,
the accessioning backlog. The figures do not
include any costs associated with retaining
in a retrievable form segregated archival
records which contain tax return/tax data
information, which would presumably be
kept in IRS custody for fuuture access in ac-
cordance with Department of Treasury
guidelines.
We should mention also that there are ap-
proximately 600,000 cubic feet of unsched-
S 8071
tiled records in the Washington National
Records Center which WARS is currently
appraising for accessioning Into the Nation-
al Archives. Some portion of these records
may also require screening for tax return/
tax data information. Since the project is
ongoing, we are unable to determine at this
time what portion of these records may re-
quire screening and, therefore, these costs
are not included in the attachment.
Sincerely,
ROBERT M. WARNER,
Archivist of the United States.
Attachment.
ACCESSIONS
20,057 cubic feet-scheduled for accession-
ing in FY 1985 or deferred from agencies to
which IRS Is authorized. to disclose tax
return information.
1. Approximately 13,000 cubic feet are not
likely to contain tax return information.
2. Approximately 5,000 probably do not
contain tax return information but would
have to be checked to ensure the accuracy
of our analysis.
3. 2,000 cubic feet would require page-by-
page screening to identify, remove, and
insert an out-card notice for tax return in-
formation.
SCREENING COSTS
2,000 cubic feet of records would require
7.5 staff years performed by GS-6 (step
four) archives technicians.
FY 1985 cost for staff salaries, benefits,
and supervision to screen accessions for tax
return information is $162,416.
Mr. MATHIAS. Mr. President, we
will recognize the importance of pro-
tecting the confidentiality of individ-
ually identifiable tax records as well as
trade secrets found in personal and
corporate income tax returns. There
also may be a national security inter-
est in protecting certain aspects of
some trade agreements and tax trea-
ties and the negotiations proceeding
them.
On the other hand, a great deal of
important demographic information
can be gleaned only from tax returns.
U.S. business history will suffer be-
cause so few businesses keep archives
on their own growth and activities.
Corporate tax returns are one such in-
valuable source of data. This amend-
ment will foreclose the possibility that
future generations will have an oppor-
tunity to examine, at an appropriate
time, key indicators of our Nation's
social and economic history. The Na-
tion's historical record will be incom-
plete as a result, but the right of pri-
vacy will prevail.
The amendment proposed by IRS
and offered by Senator DOLE settles
the question with respect to which
statute-IRS's or Archives'-prevails
governing access to tax records for ar-
chival purposes by the archivist.
It goes beyond existing case law and
relies in part on an internal Justice
Department memorandum which does
not address the issue of access for ar-
chival purposes, but rather addresses
the records managemept access ques-
tion. I ask unanimous consent to have
printed in the RECORD two memos on
this amendment and one on the Jus-
tice Department internal memo.
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CONGRESSIONAL RECORD - SENATE June 21, 1984
There being no objection, the mate-
rial was ordered to be printed In the
RECORD, as follows:
CONGRESSIONAL RESEARCH SERVICE,
THE LIBRARY OF CONGRESS,
Washington, DC, May 17, 1984.
To: Senate Governmental Affairs, Atten-
tion: Marion Morris
From: American Law Division
Subject:Proposed Amendment to Bill Estab-
lishing Independent Archives Concern-
ing Access to Tax Return Data
The Department of the Treasury has pro-
posed an amendment to S. 905, a bill estab-
lishing an independent National Archives,
that is designed to restrict access by the Ar-
chives to tax return information. This
memorandum briefly analyzes the impact of
the proposed amendment and its relation-
ship to current law.
S. 905, 98th Cong., 2d Sess., would remove
the Archives from the purview of the Gen-
eral Services Administration, make the Ar-
chivist a presidential appointee with a fixed
ten-year term, and conform existing func-
tions and powers of the Archivist to the new
administrative structure. The basic func-
tions of the Archivist-currently delegated
by the Administrator of General Services
and contained at chapters 21, 29 and 33 of
Title 44 of the United States Code-would
remain essentially unchanged by S. 905 but
would be under the exclusive administrative
purview of a presidentially-appointed Archi-
vist.
I
S. 905 would add a new 44 U.S.C. 2105 de-
tailing various administrative provisions
governing the Archivist, including the au-
thority to issue regulations, to delegate
functions, to make organizational changes,
to establish advisory committees, and to
seek data from other agencies pursuant to
carrying out his duties. The Treasury De-
partment proposal would add a provision,
proposed 44 U.S.C. 2105(j), stating: "Not-
withstanding any provision of this title, no
return or return information as defined In
section 6103 of Title 26 of the United States
Code, may be disclosed to the Archivist or to
any officer or employee of the Administra-
tion by any Federal agency, except as au-
thorized by Title 26."
The proposed amendment would govern
all provisions in Title 44 and would appear
to bar access to tax return information pur-
suant to any access provision contained in
Title 44 except in accordance with 26 U.S.C.
6103. The tax return confidentiality provi-
sions would thus apply to any proposed
access to such information by the Archivist
pursuant to Title 44 authorities possessed
by the Archivist to seek information from
federal agencies. Those records access au-
thorities are (1) the Archivist's authority,
pursuant to his archival administration
function to "direct and effect" the transfer
to the Archives of records that are at least
30 years old and are determined to have suf-
ficient historical or other value to warrant
preservation. 44 U.S.C. 2103(2); and (2) his
authority to inspect agency records for the
purpose of evaluating the records manage-
ment practices of federal agencies. 44 U.S.C.
2906(a). The Archivist also is required to
regulate the records disposal practices of
agencies, 44 U.S.C. 3302, but these provi-
sions only require Archivist examination to
lists and schedules of records lacking preser-
vation value submitted to him and do not
explicitly authorize Archivist inspection of
the underlying records themselves. 44
U.S.C. 3303a; American Friends Service
Committee v. Webster, 720 F.2d 29, 60-1
(D.C. Cir. 1983).
The confidentiality provisions of 26 U.S.C.
6103 currently apply to limit the Archivist
in inspecting agency records pursuant to his
responsibility to oversee the records man-
agement practices of federal agencies.
Agency head or presidential approval is re-
quired before inspection can be made of
records governed by ? 6103. 44 U.S.C.
2906(a)(2); Webster, supra, 720 F.2d at 71,
76-7. No such explicit limitation, however,
appears in the archival administration pro-
vision authorizing the transfer of 30-year
old records to the Archives. 44 U.S.C. 2103.
See, Webster, supra, 720 F.2d at 77. The Ar-
chivist is governed, however, in his handling
of such transferred records, by any restric-
tions or limitations imposed on the agency
,that transferred the records. 44 U.S.C.
2104(a).
The proposed amendment would subject
both of the above access provisions to the
limitations and procedures of 26 U.S.C.
6103. Its language ("Notwithstanding any
provision of this title .") embraces all
functions of the Archivist. It would thus
answer the question left open in Webster,
namely, the applicability of ? 6103 to archi-
val administration access pursuant to 44
U.S.C. 2104, by in effect prohibiting such
access in the case of tax return Information.
The amendment's proviso "except as au-
thorized by Title 26" would not enable Ar-
chivist access pursuant to 44 U.S.C. 2104
since access for such purposes is not provid-
ed for in 26 U.S.C. 6103.
With respect to the records management
inspection authority, the proposed amend-
ment would appear to override 44 U.S.C.
2906(a)(2) in that it would not permit in-
spection even with the approval of the
agency head or the President, as currently
allowed. The amendment thus would, given
the absence of archivist access authority in
26 U.S.C. 6103, effectively bar inspection of
tax return records by the Archivist pursu-
ant to his records management functions.
The court in Webster rejected the govern-
ment's argument that 26 U.S.C. 6103 consti-
tuted an absolute restriction on archivist in-
spection and held instead that such records
could be inspected pursuant to 44 U.S.C.
2906(a)(2) upon the approval of the agency
head or the President. Webster, supra, 720
F.2d at 76 n. 75. In the court's view, the gov-
ernment's contention would "effectively
nullify" 44 U.S.C. 2906(a)(2). The proposed
amendment would appear to achieve that
purpose by prohibiting inspection of tax
records with no exception for agency head
or presidentially approved inspections.
II
Webster dealt with the question of the re-
lationship of 26 U.S.C. 6103 and the records
management inspection authority of the Ar-
chivist and held that such authority with
respect to ? 6103 records could only be exer-
cised if the agency head or the President ap-
proved as provided for in 44 U.S.C.
2906(a)(2). It left open the question of the
applicability of 26 U.S.C. 6103 to the au-
thority of the Archivist to direct the trans-
fer of 30-year old historically valuable
records to the Archivist pursuant to 44
U.S.C. 2103(2). Webster, supra 672 F.2d at
77. The Department of Justice, in 1977, con-
cluded that 26 U.S.C. 6103 was not overrid-
den by the archival access provisions and
that the detailed and stringent provisions of
? 6103 barred transfer of tax records to the
Archivist. 1977 Opinions of the Office of
Legal Counsel 216 (1977). The question is a
close one, as recognized in the Justice De-
partment opinion. Id. 218.
26 U.S.C. 6103 is a comprehensive statute
generally prohibiting disclosure of tax
return information then proceeding to
detail those instances in which disclosure is
permissible. The statute covers disclosure to
the taxpayer and his representatives, other
federal agencies, the President, congression-
al committees, state and local governments
and even private persons involved in the
processing, storage or maintenance of such
information. 26 U.S.C. 6103(c)-(o). Disclo-
sure to the Archives is not mentioned nor
does the legislative history of the provision
address the question of archival access. The
Department of Justice therefore concluded
in its 1977 opinion that "[tlhe amount of at-
tention that was paid to the formulation of
the exceptions would allow for an inference
that no exception was intended as to the Ar-
chives." OLC Opinion at 218.
An alternative interpretation is possible,
however. With the exception possibly of the
provision in 26 U.S.C. 6103(n) for private
person access for storage or processing pur-
poses, the various disclosure provisions in
? 6103 relate to persons or agencies seeking
to use the information contained in the tax
return for some authorized purpose, usually
investigatory. Archives access under 44
U.S.C. 2103, on the other hand, is unrelated
to the contents of particular records per se
but instead is for the purpose of historical
preservation. Archives access is less docu-
ment-specific than access by other agencies
outlined in ? 6103. The Archives does not
seek the records in order to utilize the infor-
mation contained therein for some adminis-
trative or investigatory purpose. The histor-
ical preservation and storage functions of
the Archives do not entail action by the
agency based on what is discovered in the
records themselves; no taxpayer-related
action results from the archival access and
storage of the records, unlike the adminis-
trative or prosecutorial proceedings for
which access is sought under the provisions
of ? 6103.
The 1978 amendments to the archival ad-
ministration statutes (which occurred after
the 1976 enactment of the tax record confi-
dentiality law and the 1977 OLC opinion)
bear this out and reinforce Congress' intent
as to the breadth of the Archivist's author-
ity under these provisions. The amend-
ments, inter alia, changed from 50 years to
30 years the age of records that can be di-
rected by the Archivist to be transferred to
the Archives for historical preservation and
the period during which agency-imposed re-
strictions on public access to transferred
record can remain in place. Public Law 95-
416; 92 Stat. 915. The purpose of the amend-
ments was to enable "better and more pro
fessional protection for historical records"
and to remove the unilateral authority of
agency heads to impose public access re-
strictions on transferred records. See, H.
Rept. No. 95-1522, 95th Cong., 2d Sess. 1, 2
(1978). The provisions thus strengthened
the transfer authority of the Archivist.
No mention was made of the then two-
year old tax return confidentiality law in
the committee reports on the bills. However,
the insertion of a provision governing
census records is instructive as to how tax
records might have been viewed if the sub-
ject had arisen and aids in reconciling 26
U.S.C. 6103 and the archival access statute.
At the insistence of the Census Bureau, a
provision was included that recognized the
1952 agreement that had been entered into
between the Director of the Census Bureau
and the Archivist (after enactment of the
1950 Federal Records Act) that personally
identifiable census records transferred to
the Archives be closed to public access for
72 years. H. Rept. No. 95-1522, supra at 3,
15. See, 44 U.S.C. 2104(b). Such census
records are protected from disclosures under
13 U.S.C. 9 pursuant to which no officer or
employee of the Department of Commerce
may "permit anyone other than sworn offi-
cers and employees of the Department or
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bureau or agency thereof to examine the in- certain. However, a case can be made that,
dividual reports." 13 U.S.C. 9(a)(3). The given the underlying motivation for archival
census data provision is thus much more un- access and analagous practices with respect
qualified and protective of census records to confidential census records, 26 U.S.C.
than 26 U.S.C. 6103 is of tax records. Fur- 6103 should not be held to bar transfer of
thermore, the tradition of census record historically valuable tax return information
confidentiality runs deeper than that of tax to the Archives.
records even though the rationale for pro- RlcmAan Exrs:E,
tection of census records-to encourage co- Specialist in American Public Law,
operation with the census-also underlies American Law Division.
the tax return data provisions. See, Bal-
dridge v. Shapiro, 455 U.S.C. 345, 356 (1982); GENERAL SERVICES Afl?SINISTRA
S. Rept. No. 94-938, Part I, 94th Cong., 2d TIOrt, Orrres or GENERAL CouN-
Sess. 315 (tax data); S. Doc. No. 94-266, 94th an,
Cong., 2d Sess. 821 (1975) (evolution of con- Washington, DC, May 18, 1984 (Revised).
cept of tax return confidentiality).
Despite the unqualified nature of the
census records confidentiality provision and
the strong public expectation of secrecy
with respect to such records, all parties in-
volved in both the 1952 agreement regard-
ing transfer and subsequent public access to
census records and the 1978 amendments
embodying that agreement recognized that
transfer to the Archives did not pose a prob-
len' under 13 U.S.C. 9 but that eventual
public access would have to be restricted.
See, H. Rept. No. 1522, supra at 15 (1952
agreement), 8-9 (1978 letter to committee
from General Counsel, Department of Com-
merce). The Attorney General, in a 1944
opinion to the Secretary of Commerce, also
assumed that transfer to the Archives of
census records did not violate the census
record confidentiality provision. 40 OP. A.G.
326 (1944). The Attorney General was asked
by the Census Bureau whether the Archi-
vist was bound by the confidentiality provi-
sion with respect to subsequent public dis-
closure.of records the Bureau was proposing
to transfer to the Archives. He held that the
Archivist was bound, an opinion consistent
with the practice of the Archivist. Id., 327.
No question was raised as to the propriety
of the transfer to the Archives of the
records and all parties seemed to assume
that the transfer was not barred by the con-
fidentiality provision.
Thus, Congress, the Attorney General,
the Archives and the Census Bureau,
appear to perceive no problem under the
census records nondisclosure statute with
transfer of such records to the Archives.
Given the unqualified language of 13 U.S.C.
.9, a similar accommodation of the tax data
confidentiality provision and the archival
transfer provision would seem possible.
Such accommodation would also not seem
inconsistent with the underlying purpose of
the archival access statute and 26 U.S.C.
6103. The former is designed to preserve and
store records and not gain access in order to
glean from them data that might be useful
for some agency administrative, investiga-
tory, or prosecutorial action. Such a distinc-
tion was seemingly recognized with respect
to census records and would seem equally
pertinent to tax records.
III
In conclusion, the proposed Treasury De-
partment amendment to S. 905 would seem
to effectively bar access by the Archivist to
the type of tax return information de-
scribed in 26 U.S.C. 6103 pursuant to both
his archival and records management func-
tions. The amendment would appear to
govern access to historical records under 44
U.S.C. 2103 and override the provision for
inspection of otherwise restricted data upon
approval of the agency head or the Presi-
dent pursuant to 44 U.B.C. 2908(a)(2). Under
current law, 26 U.S.C. 6103 does serve as a
limitation on records management inspec-
tion authority but the restriction can be
waived by agency head or presidential ap-
preval. The relationship of 16103 and the
transfer authority in 44 U.S.C. 2103 is less
Subject: Status of IRS records under 44
U.S.C. 2103 and 2104.
This Is in response to your inquiry about
the current status of accessioned records in
NARS containing tax return information.
Based upon the court's opinion in American
Friends Service Committee v. Webster, et al.,
720 F.2d 29 (D.C. Cir. 1983), it Is our opinion
that, after 30 years, permanently valuable
records containing tax return information,
or any other statutory restricted materials,
may be transferred to NARS pursuant to 44
U.S.C. 9 2103. Furthermore, once the
records are transferred to NARS, NARS em-
ployees are responsible for applying all
mandatory and permissive restrictions for
access to these materials pursuant to 44
U.S.C. 12104.
As you are aware, the Office of Legal
Counsel (OLC) at the Department of Jus-
tice (DOJ), Issued an opinion in 1977 which
discussed the propriety of transferring to
NARS Watergate Special Prosecution Force
records which contained tax return infor-
mation. In this opinion, the OLC concluded
that, based upon the prohibitions in 26
U.S.C. 16103, Congress did not intend that
records containing tax return information
should be transferred to NARS.
In 1978, one year after the OLC opinion
and two years after the enactment of the
prohibition in 26 U.S.C. 16103, Congress
amended sections 2103 and 2104 of title 44
United States Code. In general, Congress re-
duced the period for transferring records to
NARS as well as reducing the statutory re-
striction period from 50 years to 30 years. In
the legislative history of this amendment,
Congress viewed this change as opening up
records for research within an earlier
period. See H. Rep. No, 95-1522 (1978). No-
where in the statute nor its legislative histo-
ry did Congress ever suggest that certain
types of statutory restrictions would not
only be carried on forever but also prevent
WARS from receiving them. Unless Federal
agencies utilize NARS authorities to pre-
serve (44 U.S.C. Ch. 21) or dispose of these
records (44 U.S.C. Ch. 33), agencies will
retain with these records in perpetuity.
Moreover, implementation of this OLC
opinion would require breaking up records
series and destroying historical accuracy.
This was surely not contemplated by Con-
gress when enacting the 1978 amendments.
In 1980, the OLC issued a second opinion
regarding the non-disclosure provisions of
26 U.S.C. 16103. In that opinion, OLC cpn-
eluded that section 6103 prohibits NARS ar-
chivists from receiving tax return informa-
tion in FBI files. This issue was eventually
submitted to the Court of Appeals for reso-
lution.
In 1983, in American Friends Service Com-
mittee, v. Webster, 720 F.2d 29 (D.C. Cir.
1983), the Court of Appeals addressed this
topic of restricted use records. First, the
court determined, as had OLC, that section
6103 did not provide for access for NARS ar-
chivists to inspect tax return information In
FBI records. The court similarly determined
that NARS archivists were not authorized
to inspect grand jury and electronic surveil-
S 8073
lance materials by those respective restric-
tive use statutes.
These determinations, however, did not
end the court's analysis of the problem. The
court reviewed carefully the authority of
MARS to inspect records under 44 U.S.C.
12906. The court concluded that under 44
U.S.C. 12906(a)(2), NABS had no authority
to review those restricted use records unless
approved by the Director of the-FBI or the
President. Implicit in this court's holding,
however, is the premise that section 6103
does not provide the only means of access to
records containing tax return Information.
The court clearly held that 44 U.S.C.
2906(a)(2) provided an alternative author-
ity for access to restricted use records not
contemplated by section 6103 or the other
restrictive statutes.
Following Its discussion of NABS' author-
ity under 44 U.S.C. 12906, the court stated
that its holding that NARS could not in-
spect restricted materials in FBI files did
not deal in NABS' "archival administration"
function, governed by 44 U.S.C. Ch. 21. The
court held:
"Nothing we decide today bears on NARS'
statutory authority to '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 Archi-
vist ... to have sufficient history or other
value to warrant their continued preserva-
tion.' Id. 2103(2) (Supp. V 1981).
"77 'When records, the use of which is
subject to statutory limitations and restric-
tions, are ... transferred (to the National
Archives), permissive and restrictions statu-
tory provisions with respect to the examina-
tion and use of records applicable to the
head of an agency from which records were
transferred or to employees of that agency
are applicable (to WARS personnel).- 44
U.S.C. 12104.
These quoted provisions indicate that
while NABS had no authority to inspect
these restricted use records while at the
FBI, NARS had additional authority to in-
spect these same records after they are
transferred to NABS under 44 U.S.C. 12103.
Also, when these restricted use records are
transferred to NARS, NARS personnel must
follow the restrictive provisions that are
then applicable.
The court also reviewed the authority of
NARS under 44 U.S.C. Ch. 21 for purposes
other than inspection. As for a NARS' gen-
eral authority in this area, the court stated:
"Section 507 of the 1950 legislation (codi-
fied as amended at 44 U.S.C. 2201, 2103-
2110), also reflects Congress' recognition
that private parties such as some of these
plaintiffs have an interest in agency records.
Section 507 dealt in part with transferring
records from agencies to the National Ar-
chives. It included 'a general repeal clause
(for records in existence for 50 years) to
statutory and other restrictions governing
the use of records by scholars and the
public generally.' 1950 S. Rep. at 16; 1950
H.R. Rep. at 15. If Congress did not expect
the public to have access to and an interest
in these records, there would be no reason
for the restrictions on the use of some
records and no purpose served by the gener-
al rule that restrictions should be removed
after 50 years.
"This 50 year limit was reduced to 30
years in 1978, see Act of Oct. 5, 1978, Pub. L.
No. 95-416, 92 Stat. 915 (amending 44 U.S.C.
It 2103, 2104). At that time Congress reiter-
ated the interest that researchers and the
general public have in agency records. See
H.R. Rep. No. 1522, 95th Cong., 2d Sen. 2, 3
(1978). In particular, the House Report ex.
plained that the change from 50 to 30 years
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was designed to make access by the public
easier
"The Archivist has no authority (under
the pre-1978 law) to remove restrictions
placed by agencies, until the documents are
50 years old. As a result, requests for re-
stricted documents must be made under the
Freedom of Information Act, an inefficient
way to deal with large numbers of historical
documents.
"More careful scrutiny when restrictions
are proposed should simplify access prob-
lems for the researcher, the agency, and the
Archives.
"Id. at 2 (emphasis added). A letter from
the Acting Administrator of GSA, express-
ing GSA's view on the bill to the House
committee, also recognized the public's in-
terest. This bill, he wrote, 'would assure a
more equitable balance between protecting
those records, which legitimately require
greater protection for a period of time and
providing greater public access to records of
historical significance and interest.' Id. at 4
(appending letter of July 10, 1978, from
Robert Griffin, Acting GSA Administrator,
to the Hon. Jack Brooks, Chairman of the
House Committee on Government Oper-
ations).
"5. CONCLUSION
"In sum, the legislative history of the
records acts supports a finding that Con-
gress intended, expected, and positively de-
sired private researchers and private parties
whose rights may have been affected by
government actions to have access is subject
to various restrictions, including possibly an
appropriate delay of time. At this date, how-
ever, even a 30-year wait would permit
access to records on World War II, the
Korean War, the Rosenbergs' investigation
and trial, and the McCarthy era." 720 F.2d
at 50-52.
Finally, it should be noted with respect to
this ongoing litigation in AFSC v. Webster,
the Government, through the DOJ, filed a
retention plan for FBI records. This reten-
tion plan requires the transfer of perma-
nently valuable records to NARS after 50
years. Certain of these records, to be trans-
ferred beginning in the 1980's, will include
these restrictive use records. Neither the
FBI nor the DOJ have raised any objection
to the expected transfer of restricted use
records. If such an objection were anticipat-
ed, it would be made to the District Court in
our current ligiation.
Based upon the foregoing, as well as a
clear reading of 44 U.S.C. ?? 2103 and 2104,
it is our opinion that restricted use records,
including tax return information, should be
accessioned into the National Archives. If
you have any further questions, please call
me at 566-1460.
GARY L. BROOKS,
Chief Counsel,
National Archives and Records Service.
CONGRESSIONAL RESEARCH SERVICE,
Washington, DC, June 5, 1984.
To: Senate Governmental Affairs Commit-
tee, Attention: Marion Morris.
From: American Law Division.
Subject: Department of Justice Opinion on
Application of Tax Return Confidential-
ity Provisions to the National Archives.
This memorandum comments on a No-
vember 7, 1980, memorandum from the De-
partment of Justice Office of Legal Counsel
to the Assistant Attorney General, Civil Di-
vision, regarding the applicability of the
nondisclosure provisions of the Tax Reform
Act (26 U.S.C. 6103) to National Archives
processing of tax returns under various
records management statutes.
Initially, the memorandum does not pur-
port to be a formal opinion. It was written
during the District Court proceedings in
American Friends Service Committee v.
Webster, 720 F.2d 29 (D.C. Cir. 1983), a case
challenging the records management poli-
cies and practices of the FBI and the Na-
tional Archives. Because of the pendency of
judicial proceedings, the office, adhering to
past practice,, declined to issue a formal
opinion. Instead, the memorandum repre-
sented "our informal views on the legal
issue presented." Memo at 3.
The Office reiterated its view expressed in
a 1977 formal opinion that 26 U.S.C. 6103
barred transfer of tax return records to the
Archives. See, 1977 Opinions of the Office
of Legal Counsel 216 (1977); see also our
May 17 memorandum, "Proposed Amend-
ment to Bill Establishing Independent Ar-
chives Concerning Access to Tax Return
Data," at 4-8 for alternative arguments.
What prompted this 1980 memorandum,
however, was proposed inspection by Ar-
chives officials of tax returns at FBI offices
pursuant to devising records retention plans
and schedules. The two functions of the Ar-
chives are the subject of separate statutory
authorization. See, 44 U.S.C. 2103 (author-
ity to direct the transfer of 30-year old his-
torically significant records) and 44 U.S.C.
2906(a) (authority to inspect records in
order to evaluate agency records manage-
ment practices). Despite the different au-
thorities involved, the memorandum con-
cludes that, given the breadth of 26 U.S.C.
6103, a different result is not warranted.
Thus, in its view, ? 6103 precluded the archi-
vists from reviewing tax return or return in-
formation in the FBI files.
The memorandum notes the distinction
between the two archival functions, but
fails to address the effect of the proviso in
44 U.S.C. 2906(a)(2) regarding inspection of
restricted records pursuant to the records
management function. That provision states
that "[r]ecords, the use of which is restrict-
ed by law or for reasons of national security
or the public interest, shall be inspected in
accordance with regulations promulgated by
the Administrator, subject to the approval
of the head of the agency concerned, or of
the President."
The Court of Appeals in Webster held
that, while ? 6103 covered "records, the use
of which is restricted by law," such records
could be inspects, pursuant to 44 U.S.C.
2906(a)(2), with agency head or presidential
approval. Webster, supra, 720 F.2d at 71, 76-
7. It explicitly rejected the government's
contention that ? 6103 constituted an abso-
lute restriction on archivist inspection of
tax return records. Id. at 76 n. 75. Thus, the
court has rejected the conclusion of the
1980 Office of Legal Counsel memorandum
with respect to inspection of tax return
records.
While the memorandS1un was concerned
with records inspection, it reiterated the
view that ? 6103 also barred archival trans-
fer of tax records. The court in Webster left
that question open. Id., 672 F.2d at 77.
Amendments proposed by the Treasury De-
partment to S. 905 would resolve that ques-
tion by barring all access by the Archivist to
? 6103 data pursuant to any of his archival
or record management functions.
In conclusion, the 1980 Office of Legal
Counsel memorandum reiterated the con-
clusion that 26 U.S.C. 6103 barred the trans-
fer of tax records to the Archives and ap-
plied that conclusion to also prohibit archi-
vist inspection of such records at FBI of-
fices. The court in Webster, however, reject-
ed this latter interpretation of ? 6103 and
held that inspection of such records was
permissible with agency head or presiden-
tial approval. The question of ? 6103's appli-
cation to transfer of 30-year old records was
not at issue in Webster.
RICHARD C. EHLKE,
Specialist in American Public Law.
Mr. MATHIAS. Mr. President, it is
important to make the distinction be-
tween records storage and archival
purposes.
The former deals with the daily stor-
age, handling, and retrieval of Federal
records by the regional records centers
for parent agencies, which retain legal
custody of those records for 30 years.
Many of these are semiactive records
which agencies have occasion to need
for referral purposes.
The later-archival purposes-has to
do with determining which Federal
records are of permanent historical
value, ensuring their protection for
the 30 years they remain in the legal
custody of the parent agency, and ulti-
mate transfer of custody of that rela-
tively small percentage of records of
permanent historical value to the Ar-
chives for preservation and public
access.
Let us be clear about the current sit-
uation with respect to tax return in-
formation. Personal income tax re-
turns, which are required by the IRS
statute to be kept for 6 years, are kept
for the IRS by the Archives in region-
al records centers. Those returns for
1981 numbered approximately 95 mil-
lion.
Pursuant to a mutually agreed upon
disposition schedule for tax returns,
the Archives destroys tax returns
when they are 6 years and 9 months
old. So the individual income tax
return is nonexistent long before the
30 year date established in the 1978
Records Management Act for transfer
to the Archives. The only individually
identifiable personal income tax re-
turns which survive are those trans-
ferred to other Federal agencies, for
regulatory, civil or criminal investiga-
tory, or audit purposes. So a miniscule
percentage of tax return information
survives in other agency files as part
of their larger case files.
Those files are usually accessioned
by the Archivist after 30 years and
only if he determines they are of per-
manent historical value.
Corporate, gift, and estate tax re-
turns are on a 75-year disposition
schedule. No tax returns from IRS of
recent vintage are being accessioned
by the Archivist because IRS resists
and the Archivist is reluctant to press
the issue.
In addition, the Archives holds and
makes available individual assessment
lists for the 19th century, particularly
the Civil War period, and corporate as-
sessment lists for 1910-15, and other
lists of special returns and penalties
primarily for the 1860's and 1870's
These are valuable to historians to
substantiate, for example, the dynam-
ics of change from an agrarian econo-
my to an industrialized one; popula-
tion shifts from a rural to urban socie-
ty; and sex, age, and household size
and composition characteristics.
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June 21, 1984 CONGRESSIONAL RECORD - SENATE
It is also instructive to look at how a MARYLAND: The Maryland state ar-
sampling of State archives protect the chives has determined that personal and
privacy of their State tax returns for corporate income tax returns are disposable.
guidance in this matter. I ask unani- They do retain as permanent records tax in-
mous consent to have printed in the formation in aggregate form. This material
RECORD a review of State-archives' is restricted for 75 years. As in the case of
most state archives, their court records con-
treatment of tax return information. tain tax information and it is usually open
There being no objection, the mate- to researchers, unless the court seals it.
rial was ordered to be printed in the There is an abundance of 18th through 20th
RECORD, as follows: century personal property tax data; it is
STATE INCOME Tex INFORMATION
The following States have dealt with
State income tax information as indicated.
ALABAMA: The State Department of
Revenue has its own system of records re-
tention and disposal, with no role played by
the state archives.
DELAWARE: The state archives has de-
termined that a sample of personal income
tax returns is permanent. The records are
restricted from public research for a period
of 60 years. Since the state did not have an
income tax until the 1920s, they have yet to
release their first returns. As in the case of
all of the states we contacted, any returns
submitted as part of a court case would be
open unless the court sealed them, which is
quite rare. In addition to the income tax
material, the archives has a large quantity
of real and personal property tax data from
the 18th through the 20th centuries. The
archives has microfilmed these records and
they remain one of the most popular series
for reseachers.
FLORIDA: No state income tax.
GEORGIA: Individual state income tax
records are stored in the state archives'
records center, where about 40% of the ref-
erence activity of the center is on those-tax
returns. Personal income tax records are
scheduled for destruction after 7% years; in-
vestigative files of the attorney general are
permanent records and are opened after 75
years. The state taxation department and
the state archives developed the records
schedule jointly, and archivists are permit-
ted to examine the records prior to disposi-
ton.
ILLINOIS: About four years ago, the state
revenue department decided not to send tax
Information to the state archives, and the
material is still in the agency. State archi-
vists have been permitted to examine the
records for appraisal purposes and have
Judged them to be disposable. Personal and
real property tax information in Illinois is
retained as property tax information in Illi-
nois is retained as permanent at the local
level.
IOWA: The state Department of Revenue
has its own records center where it keeps in-
dividual tax returns for a period before de-
stroying them. The State Records Commis-
sion must approve disposal actions, but in
fact this is merely a formality. The state ar-
chives has executive journals, which contain
appeal information; however, access to
these records can only be granted by the
State Department of Revenue. Because of
the size of the taxation collection at the
records center, the state archives has not
made an issue of tax materials.
KANSAS: The archives has statutory au-
thority to inspect state records, but in fact
their resources are thin. No personal or cor-
porate returns have been accessioned, and
the state archives appraisers records only
when they are offered or when they are
scheduled to be destroyed. Archivist Terry
Harmon could not recall seeing any tax in-
formation in state law enforcement files;
access to these files is subject to some re-
strictions. The state arch Wes has acces-
sioned county-level personal and property
tax assessment lists.
open in its entirety through to the present.
MICHIGAN: The state treasury depart-
ment income tax returns are scheduled and
stored in the state records center until their
disposal date. The state archives, has not
asked to inspect these records nor for them
to be accessioned as permanent records.
Business tax returns from the 1940s until
the mid-1970s were abstracted by the treas-
ury department, and the archives received
composite computer printouts until the
practice was discontinued because of budget
cutbacks. Files of the state attorney gener-
al's office, which could contain tax investi-
gation information, are in the state archives
and have no access restrictions on them.
MINNESOTA: The retention period for
state income tax returns are set by state
statute. The question of the authority of
the state archives to appraise state finance
department records has not been raised.
NEBRASKA: The state archivist does sign
off on the disposal of individual state
income tax returns and has the right to in-
spect these records, although he has not ex-
ercised this right. Records of the state at-
torney general's office, which could contain
tax investigation information, have no
access restrictions. Personal and property
tax assessments and lists are scheduled as
permanent, and all of these records from
the mid-19th century to 1960 are open to re-
search.
NEW YORK: The New York State Ar-
chives has not accessioned any personal or
corporate income tax returns. The state law
is quite rigid about letting anyone but De-
partment of Taxation and Finance employ-
ees have access to income tax returns. The
Department has construed this to include
archivists trying to do appraisal work; the
state archives does not feel it has the clout
to take on the Department over the issue.
More recently, the archives has, however,
appraised statistical reports prepared by the
Department that are based on tax data. The
archives is awaiting the Department's re-
sponse to their appraisal.
PENNSYLVANIA: The archives has not
accessioned any personal income tax re-
turns. The returns have been scheduled as
disposable by the archives. The archives
has, however, accessioned 331 volumes of
the Bureau of Corporate Taxes, 1850-1951,
which includes detailed income data on
Pennsylvania businesses. These records are
open to public research. As in nearly all of
the eastern states, there are considerable
quantities of personal and real property tax
data in the archives that is, frequently used
by the public.
TEXAS: No state income tax.
VIRGINIA: The state Department of Fi-
nance secured special legislation to establish
its own records system, with no role played
by the Virginia State Library. The library
has an ongoing project of microfilming per-
sonal and real estate tax records in the lo-
calities. (For more information, contact
Willie Ray.)
WISCONSIN: The state archives has
accessioned all corporate returns from 1911-
1973. These are closed, however, except with
the permission of the Commissioner of In-
ternal Revenue. They have negotiated an
agreement with the revenue department to
accession a machine-readable version of all
S 8075
personal income tax returns, beginning in
1976. These, too, are closed except with the
permission of the Commissioner of Internal
Revenue. In appraising these machine-read-
able records, the state archives had unre-
stricted access.
Mr. MATHIAS. Mr. President, my
own State of Maryland, which now
has an independent State archives, re-
tains aggregate data from tax informa-
tion for future historical reference.
Even then, the data, which is not indi-
vidually identifiable, is restricted from
public access for 75 years. The basic
ground rule with most of the State ar-
chives is to prohibit release of individ-
ually identifiable information during
the person's lifetime. Even after such
records become available to the public
there are restrictions on public access
to prevent defamation of character or
embarassment to family members.
Likewise, the treatment of census
bureau records by the Archives also is
instructive. Pursuant to a 1952 agree-
ment between the two agencies, census
records are kept confidential for 72
years from the enumeration date in
order to protect the rights of individ-
uals concerned. The agreement goes
on to describe specifically legitimate
historical, genealogical, or other
worthwhile research:
(1) a searcher's reputation as, in fact, a re-
search worker or professional genealogist;
(2) a searcher's connection with an estab-
lished institution of learning or research;
(3) a searcher's connection with the
person or family whose records are desired,
either by immediate relationship or by au-
thorization; and
(4) the lapse of time since the appearance
of possibly detrimental information, consid-
ered in conjunction with the legitimacy of
public or scholarly interest in the factual
data relating to a historical personage.
So, I believe there are some work-
able examples available which might
guide the IRS and Archives in the de-
velopment of a similar type of policy
with respect to tax returns and return
information. I encourage these two
agencies to work together to come to a
meeting of the minds on this issue
which will protect the privacy of living
individuals while ensuring that histori-
cally valuable information which
cannot be derived from any other
source is made available to the public
after a reasonable passage of time. I
think Congress would be open to sug-
gestions by these two agencies to ad-
dress through legislation the legiti-
mate concerns of both agencies.
The PRESIDING OFFICER. Is
there further debate on the amend-
ment? If not, the question is on agree-
ing to the amendment of the Senator
from Kansas [Mr. Do
The amendment (lb-3321) was
agreed to.
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CONGRESSIONAL RECORD - SENATE June 21, 19841
AMENDMENT NO. 3322
(Purpose: To include the Administrator of
General Services and the Administrator of
the Office of Information and Regulatory
Affairs of the Office of Management and
Budget as additional members of the Ad-
ministrative Committee of the Federal
Register)
Mr. BAKER. Mr. President, I send
an amendment to the desk on behalf
of the distinguished Senator from
Oregon [Mr. HATFIELD] as a substitute
for the Mathias amendment.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from Tennessee [Mr. BAKER],
for Mr. HATFIELD, proposes an amendment
numbered 3322.
Mr. BAKER. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 8, line 8, strike out "(m)" and
insert in lieu thereof "(10)".
On page 8, between line 10 and the matter
following line 9, insert the following:
(m) The first sentence of section 1506 of
such title is amended by striking out "and"
after "Attorney General," and by inserting
before the period a comma and "the Admin-
istrator of General Services, and the Admin-
istrator of the Office of Information and
Regulatory Affairs of the Office of Manage-
ment and Budget".
Mr. HATFIELD. Mr. President, it is
exceedingly appropriate that today
the Senate should be considering legis-
lation to create an independent Na-
tional Archives and Records Adminis-
tration. Yesterday marked the 50th
anniversary of the creation of the Na-
tional Archives and the Institution
could not receive a finer birthday
present than passage of S. 905 by the
Senate. Senator MATHIAS and Senator
EAGLETON are to be congratulated for
their tenacity in pursuing the impor-
tant goal of giving our national docu-
mentary history proper attention.
I will not expound at length on the
benefits to be derived as a result of the
passage of this legislation except to
point out that sometimes it happens
that what appears to be a wise consoli-
dation of functions to streamline the
bureaucracy, can instead result in
damage to the mission of the agencies
involved. That has been the case with
the inclusion of the National Archives
and Records Service within the Gener-
al Services Administration. The GSA,
with its proper emphasis on space allo-
cation and resource management
could not give the attention necessary
to care for the less tangible national
heritage represented by the holdings
of the National Archives.
The fact that the separation of the
National Archives and Records Admin-
istration from GSA will add no new
costs to the Federal budget reinforces
my commitment to establish auton-
omy for the NARS once again. I am
pleased to support the bill.
It is gratifying that the administra-
tion has understood the need for this
legislation and has agreed to support
it. Administration officials and I met
to discuss concerns that they had over
certain provisions of the bill as report-
ed by the Governmental Affairs Com-
mittee. These discussions were fruitful
and with the cooperation of Senators
MATHIAS and EAGLETON a satisfactory
agreement was reached on revisions
that the administration felt were nec-
essary for the GSA and NARS to carry
out their respective functions as sepa-
rate agencies. The managers of the bill
have included most of those changes
in their substitute amendment. An-
other change is included in the amend-
ment proposed by Senator DOLE which
I support. I would like to propose the
remaining changes in the form of two
amendments to the bill and request
the support of the managers of the
bill.
In bringing up these amendments, I
ask unanimous consent that two let-
ters which I have received from the
Office of Management and Budget,
clarifying the administration's posi-
tion, be printed in the RECORD at this
point.
There being no objection, the letters
were ordered to be printed in the
RECORD, as follows:
EXECUTIVE OFFICE OF THE
PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, DC, May 29, 1984.
Hon. MARK HATFIELD,
U.S. Senate, Washington, DC.
DEAR MARK: This is to confirm the sub-
stance of our discussion on May 23 regard-
ing S. 905, a bill that would separate the Na-
tional Archives and Records Services
[NABS] from the General Services Adminis-
tration [GSA].
The Administration will support enact-
ment of S. 905, providing that certain
changes are reflected in the final enacted
version of the bill. Those revisions are out-
lined in the enclosure.
The Administration's proposed changes to
S. 905 reflect our belief that the parameters
of a bill to separate NARS from GSA should
not permit changes to current archival au-
thority, but rather, should be limited to
reorganizational matters.
As you know, the Administration has seri-
ous concerns about certain provisions of
H.R. 3987, the House counterpart to S. 905.
The objectionable provisions of H.R. 3987
would modify or expand archival authori-
ties. We therefore urge you to work in con-
ference to assure that the final enacted bill
conforms to the provisions of S. 905, with
the technical changes we have proposed.
I believe this summary accurately reflects
the major issues we discussed. I look for-
ward to working closely with you in support
of S. 905.
Sincerely,
JOSEPH R. WRIGHT,
Deputy Director.
Enclosure.
ADMINISTRATION'S PROPOSED CHANGES TO
S. 905
Delete proposed Section 2105(a), which
would permit the Archivist to promulgate
rules and regulations and would require
agency heads to issue directives to conform
with these regulations.
Delete proposed Section 2105(f), which
would authorize agency heads to provide in-
formation and data to the Archivist.
Add language to require that the Office of
the Federal Register be retained within the
General Services Administration.
No revisions are offered at this time to
proposed Section 2104(a), which provides
for appointment of the Archivist by the
President for a 10-year term. That provision
in S. 905 is currently silent on the matter of
removal of the Archivist. It is our under-
standing, however, that if disagreement be-
tween the House and Senate persists during
conference, the House language will be
added to Section 2104(a) to require the
President to report to both Houses of Con-
gress the reasons for removal of an Archi-
vist, if such removal occurs.
EXECUTIVE OFFICE
OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D. C., June 9. 1984.
Hon. MARK O. HATFIELD,
U.S. Senate, Washington, DC
DEAR MARK: This is in further reference to
S. 905, a bill which would separate the Na-
tional Archives and Records Service
[NARS] from the General Services Adminis-
tration [GSA]. In my letter of May 29, I in-
dicated that the Administration would sup-
port the enactment of the bill, provided
that certain changes were reflected in the
final enacted version.
One of the changes proposed in the letter
of May 29, was to add language to S. 905 to
require that the Office of the Federal Regis-
ter be placed within GSA. We now believe
that our concerns can also be addressed by
leaving the Federal Register with NARS if
the membership of the Administrative Com-
mittee of the Federal Register is expanded
to include the Administrator of General
Services and the Administrator of OMB's
Office of Information and Regulatory Af-
fairs.
GSA and NARS have advised me that
there are some technical revisions to 5.905
which are necessary for GSA and NARS to
carry out their responsibilities as separate
agencies. These technical revisions, which
are in addition to those described in the
letter of May 29, are noted in the enclosure.
We would again urge your efforts to incor-
porate these changes in the final enacted
version of the NARS separation legislation.
Your efforts on these issues are greatly
appreciated.
Sincerely,
JOSEPH R. WRIGHT. Jr.,
Deputy Director.
Enclosure.
ADMINISTRATION'S ADDITIONAL PROPOSED
CHANGES TO S. 905
1. Add language to S. 905 to amend 44
U.S.C. 1506 to include the Administrator of
General Services and the Administrator of
OMB's Office of Information and Regulato-
ry Affairs as additional members of the Ad-
ministrative Committee of the Federal Reg-
ister. The letter of May 29 had proposed
that the Office of the Federal Register
remain with GSA. With the revision in com-
mittee membership, the provision in S. 905
retaining the office in NARS is acceptable
to both GSA and NARS.
2. Amend S. 905 to (1) transfer to NARS
only records management authorities with
respect to ensuring adequate and proper
documentation of the policies and transac-
tions of the Federal Government and ensur-
ing proper records disposition and (2) retain
with GSA the authority to provide guidance
and assistance to Federal agencies to ensure
economical and effective records manage-
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June 21, 1984 CONGRESSIONAL RECORD - SENATE
ment. S. 905 would transfer to the Archives
all authorities for records management, a
transfer which would adversely affect
GSA's ability to carry out its government-
wide information management responsibil-
ities. The division of authority noted above
is contained in paragraphs 12 through 17 in
subsection 107(b) of H.R. 3987 and is accept-
able to GSA and NARS.
3. Amend S. 905 to provide for the trans-
fer to NARS of such personnel, property,
records, and unexpended balances of appro-
priation's available in connection with any
authorities and responsibilities so trans-
ferred, as the Director of the Office of Man-
agement and Budget determines are neces-
sary to carry out the responsibilities trans-
ferred pursuant to this Act. 8.905 currently
provides for the transfer to NARS of a per-
centage of General Management Account
funds and positions proportionate to the
percentage of NARS employees in GSA. By
improperly relating levels of administrative
support to numbers of positions, the current
provision could result in a transfer of an
amount in excess of that requested or ap-
propriated for NARS employees.
Mr. HATFIELD. My first amend-
ment adds two members to the admin-
istrative committee of the Federal
Register. Those new officers will be
the Administrator of General Services
and the Administrator of the Office of
Information and Regulatory Affairs
within the Office of Management and
Budget. The purpose of the amend-
ment is to broaden the input that is
provided in administration of the pub-
lication of the Federal Register. It has
the approval of the National Archivist.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No. 3322) was
agreed to.
AMENDMENT NO. 3323
(Purpose: To eliminate provisions requiring
the transfer of a percentage of the Gener-
al Management and Administration appro-
priation for the General Services Adminis-
tration.)
Mr. BAKER. Mr. President, I now
send to the desk another amendment
on behalf of the distinguished Senator
from Oregon (Mr. HATFIELD] and ask
that it be stated by the clerk.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from Tennessee [Mr. BAKER],
for Mr. HATFIELD, proposes an amendment
numbered 3323.
Mr. BAKER. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 12, beginning with "A percent-
age" in line 26, strike out through the
period in line 32.
Mr. HATFIELD. Mr. President, it is
exceedingly appropriate that today
the Senate should be considering legis-
lation to create an independent Na-
tional Archives and Records Adminis-
tration. Today marks the 50th anni-
versary of the creation of the National
Archives and the institution could not
receive a finer birthday present than
passage of S. 905 by the Senate. Sena-
tor MATniAS and Senator EAGLETON are
to be congratulated for their tenacity
in pursing the important goal of giving
our national documentary history
proper attention.
I will not expound at length on the
benefits to be derived as a result of the
passage of this legislation except to
point out that at times what appears
to be a wise consolidation of functions
to streamline a bureaucracy, can result
instead in damage to the mission of an
agency. That has been the case with
the inclusion of the National Archives
and Records Service within the Gener-
al Services Administration. The GSA,
with its proper emphasis on space allo-
cation and resource management
could not give the attention necessary
to care for the less tangible national
heritage represented by the holdings
of the National Archives.
The fact that the separation of the
National Archives and Records Service
from GSA will add no new costs to the
Federal budget reinforces my commit-
ment to establish autonomy for the
NARS once again. I am pleased to sup-
port the bill.
It is also gratifying that the adminis-
tration has understood the need for
this legislation and has agreed to sup-
port it. The administration has com-
municated with me through the Office
of Management and Budget that it has
two technical revisions that it feels are
necessary for the GSA and NARS to
carry out their respective functions as
separate agencies. I would like to pro-
pose these changes as amendments to
the bill and ask for the support of the
managers of the bill.
The first amendment adds two mem-
bers to the Administrative Committee
of the Federal Register. Those new of-
ficers will be the Administrator of
General Services and the Administra-
tor of the Office of Information and
Regulatory Affairs within the Office
of Management and Budget. The pur-
pose of the amendment is to broaden
the input that is provided in adminis-
tration of the publication of the Fed-
eral Register. It has the approval of
the Archivist.
The second amendment reflects the
results of conversations that were held
between the Archivist, the Administra-
tor of General Services, and represent-
atives of the Office of Management
and Budget concerning the method by
which the General Services Adminis-
tration and the National Archives and
Records Administration will accom-
plish the separation of their responsi-
bilities, personnel, budgets, property,
and records. This amendment would
delete from S. 905 language which
calls for a proportionate transfer of
these items from GSA to the Archives
and permit the Administration to
transfer such personnel, property,
records, and unexpended appropria-
tions connected with the authorities
and responsibilities so transferred.
S 8077
This is consistent with past reorgani-
zation legislation.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No 3323) was
agreed to.
Mr. BAKER. Mr. President, I believe
we are ready for third reading.
Mr. MATHIAS. Mr. President, we
are prepared to accept these two
amendments by Senator HATFIELD in
the interests of moving this bill. I have
spoken with Senator EAOLETON about
these amendments and he concurs
with accepting the amendments on
behalf of the minority.
This legislation could not have come
to the floor in a timely manner with-
out the cooperation of several Sena-
tors and their staffs. I particularly
want to applaud the efforts of my dis-
tinguished colleague, Senator EAGLE-
TON, and his minority staff director,
Mr. Ira Shapiro, for the yeoman's
effort they have made in moving this
bill along.
I would also like to acknowledge the
courtesy and efficiency which the
chairman of the Committee on Gov-
ernmental Affairs, Senator ROTH, and
his staff, Mr. Lincoln Hoewing, have
shown in convening a meeting of rep-
resentatives of the Justice and Treas-
ury Departments with committee staff
which resulted in two of our technical
amendments.
In our staff negotiations with the In-
ternal Revenue Service regarding their
concerns, Senator DOLE and his Fi-
nance Committee staff director, Mr.
Rod DeArment, were most cooperative
and courteous in convening the parties
and -working toward a mutually ac-
ceptable amendment.
Senator HATFIELD has played a key
intermediary role between the admin-
istration and the committee sponsors
of this legislation in smoothing the
path to enactment of S. 905. His exec-
utive assistant, Mr. Jim Hemphill, has
worked diligently to expedite consider-
ation of this bill on this, the 50th an-
niversary of the founding of the Na-
tional Archives.
All of our intentions with respect to
the National Archives could not come
into being without the expert and ex-
peditious legal drafting of the Senate
Legislative Counsel. Susan McNally of
that staff had a very difficult job to do
in a bill such as this because it re-
quired a fine tooth combing of at least
10 chapters of title 44 which governs
the Archives as well as related other
titles. Ms. McNally was of invaluable
assistance in this regard and we
extend our thanks to her.
The staff of the National Archives
has been most helpful to us when we
requested background information on
their operations and holdings. And
last, I must acknowledge the untiring
efforts during the past 4 years of the
National Coordinating Committee for
the Promotion of History, composed of
over 30 professional membership orga-
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S 8078 CONGRESSIONAL RECORD - SENATE
nizations of historians, and the Coali-
tion to Save our Documentary Herit-
age, with over 50 archival, geneologi-
cal, and scholarly research organiza-
tions. All of these organizations, as
users of our National Archives, know
from first-hand experience the prob-
lems which this bill addresses and
have effectively brought that message
here today.
Mr. MOYNIHAN. Mr. President, I
rise in support of S. 905, the National
Archives Administration Act of 1983.
In so doing, I join the Committee on
Governmental Affairs in its effort to
correct a 35 year-old error. Simply
stated, the National Archives does not
properly belong under the aegis of the
General Services Administration.
During the committee's extension
deliberations, there was almost unani-
mous support for returning the Ar-
chives to its prior status, as an inde-
pendent Federal agency. The only
voice of dissent belonged to the Gener-
al Service Administration.
Senator ROTH, and his distinguished
colleagues on the committee compiled
a most persuasive case for restoring
the independence of the Archives. I
commend them, and commend their
report to you. The case against the
current arrangements encompasses fi-
nancial, managerial, as well as intellec-
tual considerations.
Let me cite but one paragraph from
this report:
The subordination of NARS (The Nation-
al Archives and Record Service) within GSA
has created a situation characterized by di-
vided authority, lack of accountability, and
weak management in archival programs and
record management. It has opened the door
to the possibility that sensitive decisions
about archival and record-keeping responsi-
bilities will be politicized. Crucial tasks
needed to insure the preservation of our
priceless documentary history have been de-
layed or gone undone. The placement of
NARS within the GSA has also handi-
capped NARS budget responsibility and
control.
The conclusion is inescapable. The
National Archives should and must be
independent of GSA. I therefore join
the committee and the cosponsors in
voting for the public interest, now and
in the future, served by an independ-
ent, accountable Archives, headed by a
Presidentially-appointed Archivist.
The PRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendments to be
proposed, the question is on agreeing
to the committee amendment in the
nature of a substitute, as amended.
The committee amendment in the
nature of a substitute, as amended,
was agreed to.
The PRESIDING OFFICER. The
question is on the engrossment and
the third reading of the bill.
The bill (S. 905) was ordered to be
engrossed for a third reading, was read
the third time, and passed, as follows:
S.905
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "National Archives
and Records Administration Act of 1984".
AMENDMENTS TO TITLE 44, UNITED STATES CODE
SEC. 2. (a) Sections 2101, 2102, 2103, 2104,
2105,
2106, 2107, 2108, 2109, 2110, 2111, 2112,
2113,
and 2114 of title 44, United States
Code,
are redesignated as sections 2102,
2103,
2108, 2109, 2110, 2111, 2112, 2113, 2114,
2115,
ly.
2116, 2117, 2118, and 2119, respective-
(b) Title 44, United States Code, Is amend-
ed by inserting before section 2102 (as redes-
ignated by subsection (a)) the following new
section:
'T 2101. Purpose
"The purpose of this chapter is to estab-
lish an independent National Archives and
Records Administration due to the unique
importance of the tasks of creating, identi-
fying, and preserving the records of the
Nation which have permanent value and
making such records available to the public,
to Federal agencies, and to the Congress for
historical and other research purposes.".
(c) Section 2102 of such title (as redesig-
nated by subsection (a)), is amended-
(1) by striking out "sections 2103-2113 of";
(2) by striking out the period at the end
thereof and inserting in lieu thereof a semi-
colon; and
(3) by adding at the end thereof the fol-
lowing new paragraphs:
"'Federal agency' means, notwithstanding
section 2901(13) of this title, any executive
department, military department, Govern-
ment corporation, Government-controlled
corporation, or other establishment in the
executive branch of the Government (in-
cluding the Executive Office of the Presi-
dent), any independent regulatory agency,
or any establishment in the legislative or ju-
dicial branch of the Government (except
the Supreme Court, the Senate, the House
of Representatives, and the Architect of the
Capitol and any activities under the direc-
tion of the Architect of the Capitol);
"'Archivist' means the Archivist of the
United States appointed under section 2104;
and
"'Administration' means the National Ar-
chives and Records Administration estab-
lished under section 2103.".
(d) Section 2103 of such title is amended
to read as follows:
'T 2103. Establishment
"There is established an independent es-
tablishment in the executive branch of the
Government to be known as the National
Archives and Records Administration. The
Administration shall be administered under
the supervision and direction of the Archi-
vist.".
(e) Such title is further amended by in-
serting before section 2108 (as redesignated
by subsection (a)) the following new sec-
tions:
'T 2104. 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 Archivist shall be appointed for a term
of ten years, but may continue to serve until
his successor is appointed and confirmed.
The Archivist shall be appointed without
regard to political affiliations and solely on
the basis of the professional qualifications
required to perform the duties and responsi-
bilities of the office of Archivist.
"(b) 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 Exec-
utive Service within the meaning of section
3132(a)(8) of title 5. The Deputy Archivist
June 21, 1984
shall perform such functions as the Archi-
vist shall designate. During any absence or
disability of the Archivist, the Deputy Ar-
chivist 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).
"$ 2105. Administrative provisions
"(a) Except as otherwise expressly provid-
ed by law, the Archivist may delegate any of
his functions to such officers and employees
of the Administration as he may designate,
and may authorize such successive redelega-
tions of such functions as he may deem to
be necessary or appropriate. A delegation of
functions by the Archivist shall not relieve
the Archivist of responsibility for the ad-
ministration of such functions.
"(9) The Archivist may organize the Ad-
ministration as he finds necessary or appro-
priate.
"(c) The Archivist is authorized to estab-
lish, maintain, alter, or discontinue such re-
gional, local, or other field offices as he
finds necessary or appropriate to perform
the functions of the Archivist or the Admin-
istration.
"(d) The Archivist shall cause a seal of
office to be made for the Administration of
such design as he shall approve. Judicial
notice shall be taken of such seal.
"(e) The Archivist may establish advisory
committees to advise him with respect to
any function of the Archivist or the Admin-
istration. Members of any such committee
who are not officers or employees of the
Government shall serve without compensa-
tion but shall be entitled, when performing
the duties of the committee, to travel and
transportation expenses and a per diem al-
lowance in the same manner and under the
same conditions as provided for employees
under section 5702 of title 5.
"(f) The Archivist shall advise and consult
with interested Federal agencies with a view
to obtaining their advice and assistance in
carrying out the purposes of this chapter.
"(g) If authorized by the Archivist, offi-
cers and employees of the Administration
having investigatory functions are empow-
ered, while engaged in the performance of
their duties in conducting investigations, to
administer oaths.
'12106. 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 per-
form the functions of the Archivist 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 Adminis-
tration, is authorized to utilize in the Ad-
ministration the services of officers and em-
ployees in other executive agencies, includ-
ing personnel of the Armed Forces, with the
consent of the head of the agency con-
cerned.
"(d) Notwithstanding section 1342 of title
31, the Archivist is authorized to accept and
utilize voluntary and uncompensated serv-
ices.
"112107. Reports to Congress
"The Archivist shall submit to the Con-
gress, in January of each year, a report con-
cerning the administration of the Adminis-
tration, the National Historical Publications
and Records Commission, and the National
Archives Trust Fund. Such report shall de-
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scribe program administration and expendi-
ture of funds, both appropriated and nonap-
propriated, by the Administration, the Com-
mission, and the Trust Fund Board. The
report shall describe research projects and
publications undertaken by. Commission
grantees, and by Trust Fund grantees, in-
cluding detailed information concerning the
receipt and use of all appropriated and non-
appropriated funds.".
(f) Chapter 21 of such title is amended by
adding at the end thereof the following new
section:
'T 2120. Authorization of appropriations
"There are authorized to be appropriated
such sums as may be necessary to carry out
the functions of the Archivist and the Ad-
ministration under this title.".
(g)(1) The table of sections for chapter 21
of such title is amended to read as follows:
"CHAPTER 21-NATIONAL ARCHIVES
AND R19CORDS ADMINISTRATION
"Sec.
"2101. Purpose.
"2102. Definitions.
"2103. Establishment.
"2104. Officers.
"2105. Administrative provisions,
"2106. Personnel and services.
"2107. Reports to Congress.
"2108. Acceptances of records for historical
preservation,
"2109. Responsibility for custody, use, and
withdrawal of records.
"2110. Preservation, arrangement, duplica-
tion, exhibition of records.
"2111. Servicing records.
"2112. Material accepted for deposit.
"2113. Presidential archival depository.
"2114. Depository for agreements between
States.
"2115. Preservation of motion-picture films,
still pictures, and sound record-
ings.
"2116. Reports; correction of violations.
"2117. Legal status of reproductions; official
seal, fees for copies and repro-
ductions.
"2118. Limitation on liability.
"2119. Records of Congress.
"2120. Authorization of appropriations.".
(2) The item relating"to chapter 21 in the
table of chapters for such title is amended
to read as follows:
"21. National Archives and Records
Administration ....................... _........... 2101".
(h)(1) Section 1506 of such title is amend-
ed by striking out the third sentence.
(2) Section 2301 of such title is amended
by striking out the second sentence.
(3) Section 2501 of such title is amended
by striking out the last sentence.
(i) Section 2504(a) of such title is amended
by striking out "the Administrator" in the
last sentence and inserting in lieu thereof
"the President and the Congress."
(j)(1) Section 2507 of such title is re-
pealed.
(2) The table of sections for chapter 25 of
such title is amended by striking out the
item relating to section 2507.
(k)(1) Section 2108(4) of such title (as re-
designated by section 2(a) of this Act) is
amended by striking out "section 2107" and
inserting in lieu thereof "section 2112",
(2) Section 2113 of such title (as redesig-
nated by section 2(a) of this Act) is amended
by striking out "section 2107" each place it
appears and inserting in lieu thereof "sec-
tion 2112".
(1)(1) Section 1501 of such title is amend-
ed:
(A) by striking out the period at the end
of the last paragraph and inserting in lieu
thereof a semicolon and "and"; and
(B) by adding at the end thereof the fol-
lowing new paragraph:
"'National Archives of the United States'
has the same meaning as in section 2901(11)
of this title.".
(2) Section 2109 of such title (as redesig-
nated by section 2(a) of this Act) is amend-
ed-
(A) by striking out "Administrator, the
Archivist of the United States," in the
second sentence and inserting in lieu there-
of "Archivist";
(B) by striking out "the Administrator
shall, if he concurs, and in consultation with
the Archivist of the United States," in the
third sentence and inserting in lieu thereof
"the Archivist shall, if the Archivist con-
curs,"; and
(C) by striking out "Administrator of Gen-
eral Services, by order, having consulted
with the Archivist and" in the fifth sen-
tence and inserting in lieu thereof "Archi-
vist, by order, having consulted with".
,(3) Section 2204(c)(1) of such title is
amended by striking out "Service of the
General Services".
(4) Section 2205(1) of such title is amend.
ed by striking out "Service of the General
Services".
(5) Section 2110 of such title (as redesig-
nated by section 2(a) of this Act) is amended
by inserting "and Records" after "Historical
Publications" in the last sentence.
(6) Section 2504(a) of such title is amend-
ed by insetting "and Records" after "Histor-
ical Publications" in the fourt sentence.
(7) Chapters 7, 15, 17, 21, 22, 23, 25, 29, 31,
and 33 of such title (as amended by this sec-
tion) are further amended by striking out
"Administrator of General Services", "Ad-
ministrator", and "General Services Admin-
istration" each place they appear and in-
serting in lieu thereof "Archivist of the
United States", "Archivist", and "National
Archives and Records Administration", re-
spectively.
(8) Section 3504(e) of such title is amend-
ed by striking out "Administrator of Gener-
al Services" each place it appears and in-
serting in lieu thereof "Archivist of the
United States".
(9) Section 3513(a) of such title is amend-
ed by striking out "Administrator of Gener-
al Services" and inserting in lieu thereof
"Archivist of the United States".
(10) The item relating to chapter 29 in the
table of contents for such title is amended
to read as follows:
"29. Records Management by Archivist of
the United States, 2901".
(m) The first sentence of section 1506 of
such title is amended by striking out "and"
after "Attorney General," and by inserting
before the period a comma and "the Admin-
istrator of General Services, and the Admin-
istrator of the Office of Information and
Regulatory Affairs of the Office of Manage-
ment and Budget".
(n) (1) Section 2901 of such title is amend-
ed by striking out paragraph (13) and insert-
ing in lieu thereof the following:
"(13) the term 'excecutive agency' shall
have the meaning given such term by sec.
tion 3(a) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C.
472 (a)); and
"(14) the term 'Federal agency' means any
executive agency or any establishment in
the legislative or judicial branch of the Gov-
ernment (except the Supreme Court, the,
Senate, the House of Representatives, and
the Architect of the Capitol and any activi.
ties under the direction of the Architect of
the Capitol;".
(2) Section 2103(1) of such title is amend-
ed by striking out "or of the Congress" and
inserting . in lieu thereof a comma, and "the
Congress, or the Supreme Court".
(oxl) Section 101 of the Presidential Re-
cordings and Materials "Preservation Act is
amended-
S 8079
(A) by striking out "section 2107" each
place it appears and inserting in lieu thereof
"section 2112";
(B) by striking out "section 2101" and in-
serting in lieu thereof "section 2102";
(C) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States"; and
(D) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(2) Section 102 of such Act is amended-
(A) by striking out "section 2107" and in-
serting in lieu thereof "section 2112"; and
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(3) Section 103 of such Act is amended by
striking out "Administrator" and inserting
in lieu thereof "Archivist".
(4) Section 104 of such Act is amended-
(1) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist";
(2) by striking out subsection (b);
(3) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively;
and
(4) by striking out "under subsection (b)"
in subsection (b) (as redesignated by para-
graph (3) of this subsection).
(p) Section 5314 of title 5, United States
Code, is amended by adding at the end
thereof the following:
"Archivist of the United States.".
(q) Sections 141 through 145 of title 4,
United States Code, are each amended by
striking out "Administrator of General
Services", "Administrator", and "General
Services Administration" each place they
appear and inserting in lieu thereof "Archi-
vist of the United States", "Archivist", and
"National Archives and Records Administra-
tion", respectively.
(r) The Act of March 27, 1934 (48 Stat.
501, chapter 93; 25 U.S.C. 199a) is amend-
ed-
(1) by striking out "Administrator of Gen-
eral Services" each place it appears and in-
serting in lieu thereof "Archivist of the
United States"; and
(2) by striking out "section 2112(b)" and
inserting in lieu thereof "section 2117(b)".
(s)(1) Sections 106a, 106b, 112, and 113 of
title 1, United States Code are each amend-
ed by striking out "Administrator of Gener-
al Services" each place it appears and in-
serting in lieu thereof "Archivist of the
United States."
(2) Section 106b of such title (as amended
by paragraph (1) of this subsection) is fur-
ther amended by striking out "General
Services Administration" and inserting in
lieu thereof "National Archives and Records
Administration".
(tXl) Sections 6, 11. 12, and 13 of title 3,
United States Code, are amended by strik-
ing out "Administrator of General Services"
and "General Services Administration" each
place they appear and inserting in lieu
thereof "Archivist of the United States,"
and "National Archives and Records Admin-
istration," respectively.
(2XA) The heading of section 6 of such
title is amended to read as follows:
"0 6. Credentials of electors, transmission to Ar-
chivist of the United States and to Congress;
public inspection"
(B) The heading of section 12 of such title
is amended to read as follows:
"112. Failure of certificates of electors to reach
President of the Seaato or Archivist of the
United States; demand on State for certificate"
(C) The table of sections for chapter 1 of
such title is amended by striking out "Ad-
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ministrator of General Services" each place
it appears in the items pertaining to sec-
tions 6 and 12 and inserting in lieu thereof
"Archivist of the United States"..
(u) Section 552a of title 5, United States
Code, is amended-
(1) by striking out subsection (b)(6) and
inserting in lieu thereof the following:
?(6) to the National Archives and Records
Administration as a record which has suffi-
cient historical or other value to warrant Its
continued preservation by the United States
Government, or for evaluation by the Archi-
vist to determine whether the record has
such value;": and
(2) by striking out "Administrator of Gen-
eral Services" each place it appears in sub-
section (1)(1) and inserting in lieu thereof
"Archivist of the United States".
DEFINITIONS
SEC. 3. For purposes of sections 3 through
8-
(1) the term "Archivist" means the Archi-
vist of the United States appointed under
section 2104 of title 44, United States Code
(as added by section 2 of this Act); and
(2) the term "Administration" means the
National Archives and Records Administra-
tion established under section 2103 of such
title (as amended by section 2 of this Act).
TRANSFER OF FUNCTIONS
SEC. 4. (a) All functions of the Administra-
tor of General Services under chapters 7, 15,
17, 21, 22, 23, 25, 29, 31, and 33 of title 44,
United States Code, are transferred to the
Archivist.
(b) The National Archives and Records
Service of the General Services Administra-
tion is transferred to the Administration.
(c) The Office of Office Information Sys-
tems of the Office of Information Resources
Management of the General Services Ad-
ministration is transferred to the Adminis-
tration.
(d) In the exercise of the functions trans-
ferred under this Act, the Archivist shall
have the same authority as had the Admin-
istrator of General Services prior to the
transfer of such functions, and the actions
of the Archivist shall have the same force
and effect as when exercised by such Ad-
ministrator.
(e) Prior to the appointment and confir-
mation of an individual to serve as Archivist
of the United States under section 2104 of
title 44, United Staters Code, the individual
holding the office of Archivist of the United
States on the day before the effective date
of this Act may serve as Archivist under
such section, and while so serving shall be
compensated at the rate provided under
subsection (b) of such section,
TRANSFERS
SEC. 5. (a) Except as otherwise provided in
this Act, the personnel employed in connec-
tion with, and the assets, liabilities, con-
tracts. property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed, held,
used, arising from, available to or to be
made available in connection with the func-
tions and agencies transferred by this Act,
subject to section 1531 of title 31, United
States Code, are transferred to the Archivist
for appropriate allocation. Unexpended
funds transferred pursuant to this subsec-
tion shall be used only for the purposes for
which the funds were originally authorized
and appropriated.
(b) The transfer pursuant to this title of
full-time personnel (except special Govern-
ment employees) and part-time personnel
holding permanent positions shall not cause
any such employees to be separated or re-
duced in grade or compensation for one year
after such transfer or after the effective
date of this Act, whichever is later.
SAVINGS PROVISIONS
Sec. 6. (a) All orders, determinations,
rules, regulations, grants, contracts, agree-
ments, permits, licenses, privileges, and
other actions which have been issued, grant-
ed, made, undertaken, or entered into in the
performance of any function transferred
under this Act shall continue in effect ac-
cording to their terms untel modified, termi-
nated, superseded, set aside, or revoked in
accordance with law by the Archivist, a
court of competent jurisdiction, or by oper-
ation of law.
(b)(1) The transfer of functions under this
Act shall not affect any proceedings, includ-
ing notices of proposed rulemaking, or any
application for any license, permit, certifi-
cate, or financial assistance pending on the
effective date of this Act before the General
Services Administration; but such proceed-
ings and applications, to the extent that
they relate to functions transferred under
this Act, shall be continued. Orders shall be
issued in such proceedings, appeals shall be
taken therefrom, and payments shall be
made pursuant to such orders, as if this Act
had not been enacted; and orders issued in
any such proceedings shall continue in
effect until modified, terminated, supersed-
ed, or revoked by the Archivist, by a court
of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be
deemed to prohibit 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.
(2) The Archivist is authorized to promul-
gate regulations providing for the orderly
transfer of proceedings continued under
paragraph (1) from the General Services
Administration to the Administration.
(c) Except as provided in subsection (e)-
(1) the provisions of this Act shall not
affect actions coffimenced prior to the effec-
tive date of this Act, and
(2) 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.
(d) No action or other proceeding lawfully
commenced by or against any officer of the
United States acting in his official capacity
shall abate by reason of any transfer under
this Act. No cause of action by or against
the General Services Administration or by
or against any officer thereof in the official
capacity of such officer shall abate by
reason of any transfer of functions under
this Act.
(e) If, before the date on which this Act
takes effect, the General Services Adminis-
tration 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 Archivist or other ap-
propriate official of the Administration sub-
stituted or added as a party.
(f) Orders and actions of the Archivist in
the exercise of functions transferred under
this Act shall be subject to judicial review to
the same extent and in the same manner as
if such orders and actions had been by the
individual holding the office of Archivist of
the United States 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
transfer. Any statutory requirements relat-
ing to notice, hearings, action upon the
record, or administrative review that apply
to any function transferred by this Act shall
apply to the exercise of such function by
the Archivist.
June 21, 1984
REFERENCE
SEC. 7. With respect to any function trans-
ferred by this Act and exercised after the ef-
fective date of this Act, reference in any
other Federal law to the office of the Archi-
vist of the United States as in existence on
the date before the effective date of this Act
or the National Archives and Records Serv-
ice of the General Services Administration
or any office or officer thereof shall be
deemed to refer to the Archivist or the Ad-
ministration, respectively.
SEC. 8. Notwithstanding any provision of
this title, no return or return information as
defined in section 6103 of title 26 of the
United States Code may be disclosed except
as authorized by title 26.
EFFECTIVE DATE
SEC. 9. The provisions of this Act shall
take effect one hundred and twenty days
after enactment.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. BYRD. Mr. President, I move to
lay that motion on the table.
The motion to lay on the table was
agreed to.
Mr. EAGLETON. Mr. President, I
am extremely gratified by the Senate's
consideration and passage of S. 905,
legislation to restore the independence
of the National Archives and Records
Service WARS].
This is an action long overdue. It is
the most fitting celebration of the
golden anniversary of NARS. In pass-
ing S. 905, the Senate will be reaching
the conclusion that the community of
historians, archivists, and other users
of the National Archives reached long
ago: independence for NARS is the
best guarantee that our priceless docu-
mentary heritage will be preserved for
future generations.
The fundamental incongruity of
NARS' placement within GSA was de-
scribed very aptly by James Rhoads,
who was Archivist of the United
States from 1968 to 1979:
The central problem is that many of the
objectives, priorities and motivations of
GSA and NARS are simply incompatible.
There is no way that an agency dedicated to
encouraging scholarly research and other
educational and cultural objectives can
function effectively as a subordinate compo-
nent of a business-oriented conglomerate
whose primary responsibilities are for con-
struction and maintenance of public build-
ings, procurement of supplies, and manage-
ment of motor pools and stockpiles of stra-
tegic materials.
As the Committee report on S. 905
documents, in exhaustive detail, the
damage done to NARS by its place-
ment within GAS has been severe.
NARS' performance has perennially
been plagued by management prob-
lems: a lack of clear policy directions,
confusion over lines of authority and
responsibility and delays in decision-
making. Morale has declined, and good
managers have been hard to keep, un-
derstandably, in a situation where ulti-
mate authority resides with GSA, and
not NARS.
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June 21, 1984 CONGRESSIONAL RECORD - SENATE S 8081
Professional judgment is the essence I am extremely grateful for the ef- ing of the amendment be dispensed
of the Archivist's work; it is the best forts of Senator MATHIAS, my principal with.
guarantee, that the historical record cosponsor, for his longstanding con- The PRESIDING OFFICER. With-
preserved and made available to the cern about the plight of NARS. Sena- out objection, it is so ordered.
public will be full and fair. Yet be- tor HATFIELD, who currently repre- The amendment is as follows:
cause final responsibility for archival sents the Senate on the National His- Strike all after the enacting clause and
judgments rests with the GSA Admin- torical Publications and Records Com- insert in lieu thereof the following: That
istrator, not the Archivists, the dan- mission INHPRCI, has also been a section 2 of the National Oceanic and At-
gers of politicization have been ever- stalwart supporter of this legislation mospheric Administration Marine Fisheries
present. and a strong ally in my efforts within Program Authorization Act (Public haw 98-
The NABS budget has traditionally the Appropriations Committee to 210; 97 Stat. 1409) Is amended-
In by
0,000 for aub (a), g ",and
suffered, in comparison to the other attain adequate funding for NARS and (1) 00
cultural agencies, because NARS has the NHPRC. I want to pay special trib- ly after er " " 11or f on fiscal, year r 1998585" " im immediate-
a984"; and
lacked an advocate for its programs ute to Marian Morris of Senator MA- (2) in subsection (b), by striking "of 1976".
and needs. GSA Administrators have THIAS' staff who has been tireless and SEC. 2. Section 3 of such Act is amended-
understandably had other priorities; effective in her efforts on behalf of (1) in subsection (a), by Inserting ", and
the OMB budget examiners reviewing this legislation. But the real credit for $35,000,000 for fiscal year 1985" immediate-
GSA budget requests have been more success of this legislation should go to ly after "1984"; and
sensitive to building construction, pro- the coalition of historians, archivists, (2) in subsection (b), by inserting "Magnu-
curement, and motor vehicle pools genealogists, and other users of the son" immediately before "Fishery", and by
than to documentary history. The re- Archives who took the time and made striking "of 1976".
sources of NARS-budget and person- the effort to make Congress under- SEC. 3. Section 4 of such Act is amended-
(1) in subsection (a)-
nel-have been held in tight check stand just what was happening to (A) by inserting " and $12,000,000 for
while the demands on the agency have NARS because of its placement within fiscal year 1985" immediately after "1984";
expanded dramatically. The inevitable GSA. Independence for NARS is an and
result has been marked deterioration idea whose time has come because of (B) by striking "boats" and Inserting in
of NARS' capacity to serve the public their efforts. lieu thereof "vessels"; and
and the scholarly community. Mr. President, S. 905 is a small piece (2) in subsection (b), by striking "of 1976".
of legislation, but its enactment will SEC. 4. Sections 2, 3, and 4 of such Act are
By restoring independence to NARS, have a major impact on our history by amended by adding at the end thereof the
S. 905 provides the only realistic following:
remedy for these chronic problems. creating an agency that will do Justice "(c) The duties authorized in subsection
For the first time since 1949, the Ar- to our precious historical legacy. (a) of this section shall be considered sepa-
chivist of the United States will exer- Mr. BAKER. Mr. President, I ven- rate and distinct from duties and functions
cise ultimate responsibility for the ar- ture a statement that has no place in performed pursuant to moneys authorized
chival programs of the Federal Gov- this RECORD, perhal5s, but I cannot re- in subsection (b) of this section. The total
ernment. The Archivist will have the member a more complicated unani- authorization for all such duties and fune-
matter in a long time. I bons shall be the earn of amounts specified
authority-de facto and de jute-to mous-consent in such subsections.".
run the agency. The Archivist will cannot think of a more likely candi- Sac. 5. (a) Section 7(e) of the Fishermen's
again be a Presidential appointee, con- date for that honor than the Archives Protective Act of 1967 (22 U.S.C. 1977(e)) is
firmed by the Senate, which will en- of the United States, with which this amended-
hance the attractiveness, prestige, and deals. (1) by striking "October 1, 1984" and in-
independence of the position. The Ar- sorting in lieu thereof "October 1, 1987";
and
will be able to make the strong-
chivist
possible case able OMB and CAUTHORIZATION FOR CERTAIN (2) by inserting ", other than payments
est
support of case
the resources Congress needed ongr to FISHERY PROGRAMS from fees collected or revenues accruing
Mr. BAKER. Mr. President, next I pursuant deposits or investments of such fees
carry out the critical responsibilities of pursuant t to subsection ction (c) (c> of of this section,"
NARS. say to the minority leader, I propose immediately after "payments".
In general, reorganization is not a to go to Calendar Order No. 767, if (b) The amendment made by subsection
panacea. In situations where we agreeable. (a)(2) of this section shall become effective
choose to reorganize rather than deal Mr. BYRD. Mr. President, that has on October 1, 1985. -
with substantive problems, reorganiza- been cleared on this side. SEC. 6. (a) Section 4(c) of the Fish and
tion can be positively harmful. In this Mr. BAKER. Mr. President, i ask Wildlife Act of 1956 (16 U.S.C. 742c(c)) is
the Chair to lay before the Senate amended by striking "September 30, 1984"
case, however, the record is clear each place it appears and inserting in lieu
beyond dispute: the current arrange- Calendar Order No. 767, S. 2463. thereof "September 30,1985".
ment is untenable; placement within The PRESIDING OFFICER. The (b) Section 7(c)(6) of the Fish and Wildlife
GSA has been the major problem clerk will report. Act of 1956 (16 U.S.C. 742f(c)(6)) is amended
plaguing NARS. Substantive prob- The assistant legislative clerk read by striking "and 1984" and inserting in lieu
lems-from preserving aging docu- as follows: thereof "1984, and 1985".
ments to coping with the Archivist's A bill (S. 2463) to authorize appropria- SEC. 7. Section 221 of the American Fish-
function in the computer age-will all Lions of funds for certain fishery programs, eries Promotion Act (16 U.S.C. 742c, note) is
and for other purposes. amended-
be handled more successfully by an in- (1) in subsection (a), by striking "Septem-
dependent NARS. AMENDMENT NO. 3324 ber 30, 1984" and inserting in lieu thereof
Mr. President, the Congressional (Purpose: Make amendment in the nature "September 30,1995";
Budget Office has reported its expec- of a substitute) (2)(A) in subsection (b)(2)(A), by striking
tation that "no significant additional Mr. BAKER. Mr. President, I send "and 1984,^ and inserting in lieu thereof
costs will be incurred by the Federal, an amendment to the desk on behalf "1984, and 1985,"-, and
State or local governments if this leg- of the distinguished Senator from (B) in subsection (bX2XC), by striking
islation is enacted." The Committee Oregon [Mr. PACxwooDl. .and 1984"and inserting in lieu thereof
"1984, and 1985"; and ,
on Governmental Affairs does not The PRESIDING OFFICER, The (3) in subsection (c)(1), by striking "and
intend that this measure authorize clerk will report. 1984," and inserting in lieu thereof "1984,
any additional budget authority ; for The assistant legislative clerk read and 1985".
fiscal year 1984 beyond that already as follows: SEC. 8. Section 310 of the Deep Seabed
available to the General Services Ad- The Senator from Tennessee (Mr. BAaarr) Hard Mineral Resources Act (30 U.S.C.
ministration. The committee intends for Mr. PACxwooa, proposes an arms went 1470) is amended-
that any fiscal year 1984 costs in. numbered 3324. (1) by striking "and" Immediately after
"1983,''; and
curred from the bill will be absorbed Mr. BAKER. Mr. President, I ask (2) by inserting ", and $1,500,000 for each
from existing funds. unanimous consent that further read- of the fiscal years ending September 3o,
Approved For Release 2008/11/24: CIA-RDP95B00895R000200090007-8