CONGRESSIONAL RECORD-SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000040001-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 9, 2016
• Document Release Date: November 28, 2000
• Sequence Number: 1
• Publication Date: January 1, 1950
• Content Type: REGULATION

Approved For Release 2001/08/15 : CIA-RDP57-00384R001000040001-8
1950 CONGRESSIONAL RECORD?SENAW_
"(c) The term 'servicing' means making
available for use information in records and
other materials in the custody of the Ad-
ministrator?
"(1) by furnishing such records or other
materials, or information from such records
or other materials, or copies or reproductions
thereof to agencies of the" Government for
cfficial use arid to the public; and
"(2) by making and furnishing authenti-
cated or unauthenticated copies or repro-
ductions of such records and other materials;
"(d) The term 'National Archives of the
United States' means those official records
' that have been determined by the Archivist
to have sufficient historical or other value to
wthant their continued preservation by the
United States Government, and have been
accepted by the Administrator for deposit
in his custody:
"(e) The term 'unauthenticated copies'
means exact copies or reproductions of rec-
ords or other materials that are not certified
as such under seal and that need not be
legally accepted as evidence; and
'(1) The term 'Archivist' means the Ar-
hivist of the United States."
Sic. 7. The Federal Property and Adminis-
trative Services Act of 1949 is further
amended bp?
(a) striking out the word "and" preceding
"(2)" in subsection (d) of section 3 thereof;
'substituting a semicolon for the period at the
end of said subsection; and adding at the
end Of suth subsection the following: "and
(8)" records of theiFederal Government";
? (b) striking out, in section 208 (a) there-
of, the expression "and V", and inserting in
lieu thereof the expression "V, and VI":
?.0) stiTking out, in section, 208 (b) there-
of,, the expression "and V", and inserting in
lie,u thereof the expression "V, and VI";
1(d) strikipg out the word "and" at the
e ci of paragraph (30) of section 602 (a);
riking out the period at the end of para-
? raph (31) of section 602 (a) and inserting
in lieu thereof a semicolon; and adding at
-
the end of seetion 602 (a) the following
new paragraphs: "-
' "(82) the act entitled 'An act to establish
i., a National Archives of the United States Gov-
ernment, and for other purposes,' approved
une 19, 1984 (48 Stat. 1122-1124, as amended;
U. 8.sC. 300, 300a, 300c-k); and
"(33) section 4 of the act of February 3,
, 1905 (83- Stat. 687, as amended; 5 U. S. C.
77)."
"(e) amending subsection 602 (b) and (c)
thereof to read as follows:
"(b) There are hereby superseded?
"(1) the provisions of the first, third, and
fifth paragraphs of section 1 of Executive
Order No. 6166 of June 10, 1933, insofar as
they relate to any function now adminis-
teked bY the I3ureau of Federal Supply except
functions with respect to standard contract
forms; and ?
?(2) sections 2 and 4 of the act entitled
'An act to provide for the disposal of certain
records of the United States Government',
a'greafeh - JUly 7, 1943 (57 Stat. 381, as
..,endrel; 4413. S. C. 367 and 369), to the
'extent that' the' provisions thereof are incon-
s1stept with the provisions of title V of this
act,
The authority conferred by this act
shall bi in addition and paramount to any
enthprfty conferred by any other law and
slipai not be subject to the provisions of any
Itm ineoiaiisteilt herewith, except that sec-
go* 84b5` (Wand '236 (c) of this act shall
sw-traifiplfabTe to any Government cor-
AIM or --ateriey'lothich is subject to the
oVerfrinent Corporation Control Act (59
vk S. C. 841) ."
(frEimeliffing Paraglaphs (17), (18), and
19 -6f section 602 (d) thereof to read as
'We'?editrIT-Iritelligencc Agency;
ire-TOrtit -Committee on Printing,
the-ant -eiftitled An act providing for
the public printing and binding and the di' -
tribution of public documents,' ap ;be '
January 12, 1895 (28 Stat. 601), as en ect
or any other act; or
"(19) for such period of tiinewile Presi-
dent may specify, any other auttority of any
executive agency which ,th-e,Kesident deter-
mines within 1 year fr.fter-The effective date
of this act should, is, the public interest,
stand unimpaired by his act."
(g) striking out the period at the end of
section 603 (a) thereof and inserting in lieu
thereof a comma and the following: "includ-
ing payment in advance, when authorized by
the Administrator, for library memberships
In societies whose publications are available
to members only, or to members at a price
lower than that charged to the general
public."
SEC. 8. (a) Subsection 3 (b) of the Fed-
eral Property and Administrative Services
Act of 1949 is amended to read as follows;
"(b) The term 'Federal agency' means any
executive agency or any establishment in the
legislative or judicial branch of the Govern-
inent (except the Senate, the House of Rep-
resentatives, and the Architect of the Cap-
itol and any activities under his direction)."
(b) Section 201 (b) of the Federal Prop-
erty and Administrative Services Act of 1949
is amended by striking out the expression
"or the Senate, or the House of Repre-
sentatives,".
(c) Section 602 of the Federal Property
and Administrative Services Act of 1949 is
amended by redesignating subsection (e)
thereof as subsection (f) ,tind Inserting, im-
mediately after subsection (d) thereof, the
following new subsection:
"(e) No provision of this act as originally
enacted or as subsequently amended shall
apply to the Senate or the House of Repre-
sentatives (including the Architect of the
Capitol and any building, activity, or func-
tion under his direction), but any of the
services and facilities authorized by this act
to be rendered or furnished shall, as far as
practicable, be made available to the Sen-
ate, the House of Representatives, or the
Architect of the Capitol, upon their request.
If payment would be required for the rendi-
tion or furnishing of a similar service or
facility to an executive agency, payment
therefor shall be made by the recipient
thereof, upon presentation of proper vouch-
ers, in advance or by reimbursement (as may
be agreed upon by the Administrator and
the officer or body making such request).
Such payment may be credited to the ap-
plicable appropriation of the executive
agency receiving such payment. Notwith-
standing the provisions of this subsection,
subsection 210 (b) and subsection 210 (c)
of this act shall not apply to any building,
project or grounds, or to any activity, here-
tofore placed under the Architect of the
Capitol by any provision of law."
SEC. 9. The Federal Property and Admin-
istrative Services Act of 1949, section 205
(h), is hereby amended by striking out the
last word of the sentence "title" and insert-
ing in lieu thereof the word "act."
SEC. 10. (a) Whenever any contract made
on behalf of the Government by the head
of any Federal agency, or by officers author-
ized by him so to do, includes a provision
for liquidated damages for delay, the Comp-
troller General upon recommendation of
such head is authorized and empowered to
remit the whole or any part of such dam-
ages as in his discretion may be just and
equitable.
(b) Section 306 of the Federal Property
and Administrative Services Act of 1949 is
hereby repealed, and this section shall be
effective as of July 1, 1949.
SEC, 11. All laws or parts of laws In conflict
with the provisions of this act or with any
amendment made thereby are, to the extent
of such conflict, hereby repealed.
11253
gr. McCLELLAN. Mr. President, in
connection with Senate bill 3959, Calen-
dar No. 2140, I ask unanimous consent
to have printed in the RECORD, following
the action on the bill, a letter from the
Acting Comptroller General. I may say
that the bill is approved by him.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
COMPTROLLER GENERAL
OF THE UNITED STATES,
Washington, July 25, 1950.
Hon. JOHN L. MCCLELLAN,
Chairman, Committee on Expenditures
in the Executive Departments,
United States Senate.
MY DEAR MR. CHAIRMAN: In accordance
with informal request of yesterday from a
member of the staff of your committee, I
am pleased to give you the iew the
General Accounting Office on S. 3959, Eighty-
flt'''srt'Mfttrtrittliteet--04.4. bill to amend the
Federal Property and Administrative Services
Act of 1949, and for other purposes."
The bill is a redraft of S. 3842 which WEIS
the subject of my report to you of July 18,
1950. That report contained a section-by-
section analysis of S. 3842 and the recom-
mendations of the General Accounting Office
thereon. The recommended changes are in-
corporated in S. 3959, along with certain
others of a technical nature. Accordingly,
the bill S. 3959 has the approval of the
General Accounting Office.
- It is understood, also, that your commit-
tee desires comment of the General Account-
ing Office with respect to the desirability of
the proposed section 6 of S. 3959, which
would be a Federal Records Act of 1950.
Although the General Accounting Office is
not the agency primarily concerned, it may
be said that this section is designed to
bring about improved management of Gov-
ernment records. Would impose on the
Administrator of General Services the prin-
cipal responsibility to accomplish this pur-
pose, with the necessary measure of authority '
to carry out his responsibility in proper bal-
ance with the duties and requirements of all 1
the agencies. There would be a central '
agency, working in cooperation with all
others, to lead and coordinate a program of
more efficient and effective utilization, main-
tenance, and disposal of records.
The heads of the Federal agencies would
have definite responsibilities in the program,
and provision is made for full consideration
of their jurisdiction and needs. They would
be required to observe standards and princi-
ples laid down by the Administrator of Gen-
eral Services, within his authority, and any
violation of the act would be reported by
the Administrator to the Congress and the
President. Adequate safeguards are pro-
vided for the performance by the General
Accounting Office of its assigned functions.
The Comptroller General and I long have
recognized the seriousness of -the problems
arising from the ever-growing volume of
Government records. It is one in the solu-
tion of which all of us?the Congress and
the President, the departments and agencies,
and the taxpayers?have a large stake. A
carefully planned, concerted attack on the
problem by all concerned is essential. The
proposed legislation appears well suited to
the undertaking. It would establish a cen-
tral responsible agency, and call for active
participation by all the agencies. It would
provide machinery to guide and assist those
agencies in the betterment of their own rec-
ords practices and procedures. Just as is the
case in the accounting field, where the Comp-
troller General, the Secretary of the Treas-
ury, and the Director, Bureau of the Budget?
the heads of the three central fiscal agencies?
have joined with all the agencies in a coop-
erative program to improve Federal account-
ing and financial reporting, a comparable
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11254 CONGRESSIONAL RECORD?SENATE
program for Federal records, under the lead-
ership of the Administrator of General Serv-
ices, should be a significant step toward
greater economy and efficiency in Govern-
ment.
I trust that, this information will serve
the purpose of your committee.
Sincerely yours,
FRANK L. YATES,
Acting Comptroller General of the
United States.
EXCHANGE OF LANDS AT MANHATTAN
BEACH, N. Y.
The bill (H, R. 5003) to provide for the
exchange between the United States and
the State of New York of certain lands
and interests in lands at Manhattan
Beach, Kings County, N. Y., was consid-
ered, ordered to a third reading, read the
third time, and passed.
. Mr. IVES. Mr. President, at this
point, I ask unanimous consent to have
printed in the RECORD, as a part of my
remarks, a statement which I have pre-
pared, in support of the bill which has
just been passed.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
STATEMENT BY SENATOR ,IVES
The purpose of this bill 1 to provide au-
thority for an equitable exchange of certain
lands at Manhattan Beach, N. Y., between the
Federal Government and the State of New
York.
A dispute has arisen between the Federal
Government and the State as to the owner-
ship of part of the land in question. The
National Oovernment_has purchased from
private owners some 50 acres of filled-in land
extending out into certain inland waters to
which the State claims title.
In return for the State's.relinquishing its
legal claim to these lands, on part of which
the Federal Government has built a perma-
nent maritime training station, the State
reCeives under this bill some surplus lands
totaling less than the 50 acres the claim to
which the State has relinquished.
The Attorney General of the United States
and the attorney general of the State of New
York had endeavored to reach an amicable
ti settlement of this dispute by arranging for
the identical exchange in lands which is
herein authorized. Technicalities developed,
however, and it was decided that the United
States Attorney General required this specific
enabling legislation before he could go
through with his part of the agreement, It
is to enable the State and Federal Govern-
ments to consummate this previously agreed
upon arrangement that this bill was intro-
duced.
The land to be received by the State of
New York is in the midst of a crowded aow-
income housing area. Existing recreation
facilities are severely overloaded and the
lack of adequate playground space con-
tributes to the excessive street-accident and
juvenile-delinquency rate in the area.
Plans have been completed for ytilization
of a considerable part of the land to be re-
ceived by the -State as a developed park
area. Sin& the State plans, at considerable
cost, to put this land?presently unused by
the Federal Government and surplus--to
constructive use, the exchange seems in the
best interests of both governments.
Mr. LEHMAN. Mr. President, I make
a similar request, namely, to have :in-
serted at this point in the RECORD a
statement in regard to the bill.
There being no objection, the state-
/tient Was ordered to be printed in the
RECORD, as follows:
STATEMENT BY SENATOR LEHMAN
This bill is similar to Senate Joint Resolu-
tion /77 which' was faintly introduced by
the two Senators from New York. This legis-
lation attempts to settle a conflict of prop-
erty interests between the Federal Govern-
ment and the State of New York in an equi-
table manner, and in the interests of both
the people of New York and of the Nation.
In my opinion, the single most important
result of the passage of this bill will be to
permit the city of New York to create a
water-front park for the recreational and
educational benefit of the many hundreds of
thousands of residents of that area. Any-
one who has visited that section of New
York City knows the disturbing amount of
congestion in the two nearest swimming and
recreation centers along the ocean front?
Coney Island and Brighton Beach. When
this bill is passed, New York City will be
able to develop this water-front park at Man-
hattan Beach and thus directly contribute
to -the health and welfare of the citizens
Of New York.
Therefore, I am very happy that this bill
is now being considered by the Senate and
I urge its speedy passage.
TRANSFER OF LAND AND IMPROVEMENTS
TO NEW MEXICO STATE FAIR
Th- bill (H. R. 6247) authorizing
transfer of land and improvements
thereon by the Secretary of the Interior
to New Mexico State Fair, was announced
as next in order.
The PRESIDING OFFICER. Is there
objection to the present consideration
of the bill?
Mr. MORSE. Mr. President, may we
have an explanation?
Mr. ANDERSON. Mr. President, this
bill relates to land originally owned by
the New Mexico State Fair. In 1935 or
1936 the United States Government,
through its Indian Service, asked for the
privilege of erecting at the State fair
a building in which there might be dis-
plays of India,n arts. The State fair
granted the land to the Federal Govern-
ment, which constructed the building.
However, the Federal Government now
finds that it is not able to maintain the
building.
The State fair has said that if the land
is transferred back to it, it will maintain
the building and will permit the Indian
Service to use any or all of the building
that it may desire to use at any time
for the purpose of fair exhibits, during
the State fair. -
Therefore, we feel that the bill is a
just bill.
Mr. MORSE, I desire to ask one
question. The Senator mentioned it,
but I want to emphasize it. The bill
Provides that the Indian Service, and,
through it, the Federal Government,
shall continue to have the use of this
building for its purposes, when, if, and
as needed; is that correct?
? Mr. ANDERSON. "When or if"
needed.
Mr. MORSE. I think that is a rea-
sonable position. I have no objection.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill? ?
There being no objection, the bill
(H. R. 6247) authorizing transfer of land
and improvements thereon by ere Secre-
tary of the Interior to New Mexico State
JULY 26
Fair was considered, ordered to a third
reading, read the third time, and passed.
ADDITIONAL USES OF CERTAIN LANDS BY
BUFFALO, WYO.
The bill (H. R. 7977) to authorize the
city of Buffalo, Wyo., to make additional
uses of certain lands, and for other pur-
poses; was announced as next in order.
The PRESIDING OFFICER. Is there
objection to the present consideration
of the bill?
Mr. MORSE. May we have an ex-
planation?
The PRESIDING OFFICER. An ex-
planation is desired.
Mr. O'MAHONEY. Mr. President, as
-long ago as the act of February 25, 1907,
which is certainly several years ago, the
Federal Government transferred for park
purposes to the city of Buffalo, Wyo.,
certain lands within the city. The bill is
to permit the city to use the lands fopillik
hospital or other specific purposes. As
a matter of fact, the conveyance was
without limitation of any kind, and I
have no doubt that lands could be used
for this purpose anyway.
,Mr. MORSE. Mr. President, the rea-
son I asked for an explanation was that
I wanted the RECORD to show exactly
what the Senator from Wyoming has just
pointed out, that under the original
grant there did not seem to be any limi-
tation at all on, the use. But even if
there had been a limitation on the use,
I desired the record to be clear. I am
not ? going to object to this. particular
transfer, because it originally was made
under the 1907 act, the spirit and in-
tent of which clearly permit the use of
this particular land for public purposes;
and this certainly is a public purpose,
within the spirit and intent of the orig-
inal act.
Let me make clear for the record,Ank
though, that if an attempt were now
made to transfer in the first instance
Federal property for such purposes, it
would be my position that the city of
Buffalo would have to pay 50 percent of
the appraised market value of the
property.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
There being no objection, the bill
(H. R. 7977) to authorize the city of Buf-
falo, Wyo., to make additional,uses of-
certain lands, and for other purposes,
was considered, ordered to a third read-
ing, read the third time, and passed.
PAYMENTS TO STATES UNDER OIL LAND
LEASING ACT OF 1920
The bill (H. R. 6292) to provide that
payments to States under the Oil Land
Leasing Act of 1920 shall be made bian-
nually was considered, ordered to a third
reading, read the third time, and passed.
Mr. O'MAHONEY subsequently said:
Mr. President, we acted upon Calendar
No. 2144, House bill 6292 a few moments
agc: and passed the bill. After it had
been passed I noted the heading on the
report, which is as follows:
Providing that payments to States under
the 011 Land Leasing Act of 1920 site be
made biennially.
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12112 CONGRESSIONAL RECORD?ROUSE
McCulloch Pfeiffer, Shelley
McGrath William L. Short
McMillen, Ill. Phillips, Tenn. Simpson, Pa.
Macy Plumley Smothers
Magee Poulson Smith, Kans.
Marcantonio Powell Smith, Ohio
Martin, Mass. Quinn Spence
Mason Ramsay Stanley
Miller, Md. Regan Stockman
Miller, Nebr, Ribicoff Taylor
Morgan Rich Tows
Morrison Richards Underwood
Morton Riehlman Vorys
Murphy Rivers Weichel
Murray, Wis. Rogers, Mass. Wheeler
Nelson Roosevelt Whitaker
Norton Sabath White, Idaho
O'Brien, Mich. Sticilak Widnall
O'Neill Sadowski Wigglesworth
Pace St, George
Patten Sanborn
Patterson Scott, Hardie
Perkins Scott,
Pfeifer, Hugh D., Jr.
Joseph L. Scudder
So the motion to recommit was re-
jected.
The Clerk announced the following
pairs:
General pairs until further notice:
Mr. Joseph L. Pfeifer with Mr. Simpson of
Pennsylvania,
Mr. Magee with Mr. Taylor.
Mr. Morrison with Mr. LeFevre.
Ur. Keogh with Mr. Macy.
Mr. Murphy with Mr. Towe.
Mr. Roosevelt with Mr. Short.
Mr. Fallon with Mr. Eaton.
Mr. Perkins with Mr. Coudert.
Mr. Klein with Mr. Case of New Jersey.
Mr. Harrison with Mr. Brehm.
Mr. Clemente with Mr. Arends.
Mr. Delaney with Mr. Fulton.
Mr. Heffernan with Mr. Fenton.
Mr. Green with Mr. Gillette.
Mr. Dingell with Mr. Herter.
Mr. McGrath with Mr. Hinshaw-1
Mrs. Kelly of New York with . Jackson
Of California.
M. O'Brien of Michigan with Mr. Wiggles-
'worth.
. Powell with Mr. Hardie Scott.
M. Buckley of New York with Mrs. Rogers
Of MassachUsetts.
Mr. Heller with Mr. Kean.
_Mr. Dellinger with Mr. James.
Mr. Stanley with Mr. Jenkins.
IVIr. Whitaker with Mr. Miller of Maryland.
Mr. Williams with Mr. Martin of Masse..
ohupetts.
Mr. Winstead with Mr. Latham.
Mr. Fogarty with Mr. Canfield.
Mr. Ebrharter with Mr. Corbett.
Mr. Kennedy with Mr. Dolliver.
Mr. Donohue with Mr. Crawford.
Mr. Frazier with Mr. Riehlman.
Mr. Lane with Mr. Sadlak.
Mrs. Norton. with Mrs. St. George.
gr. Eibidoff with Mr. Hand.
Mr. Patten with Mr. Hugh D. Scott, Jr.
Mr. O'Neill with Mr. Miller of Nebraska.
Mr. Gorski with Mr. Cole of New York.
Mr. Hays of Ohio with Mr. Gwinn.
Mr. Hays of Arkansas with Mr. Edwin
Arthur Hall.
Mr. Burton with Mr. Morton.
Ur. Abbitt with Mr. Leonard W. Hall.
Mr. Byrne of New York with Mr. Chiper-
field.
Mr. Barrett of Pennsylvania with Mr. Smith
of Kansas.
Mx. Chudoff with Mr. Patterson.
Mr. Cavalcante with Mr. McCulloch.
Mrs. Woodhouse with Mrs. Bolton of Ohio.
Mr. Bogs of Louisiana with Mr. Lichten-
Walter.
Mr. Denton with Mr. Mason.
? Mr. Kelley of Pennsylvania with Mr. Fel-
It7w5.
Mr. Burke with Mr. Gamble.
Smathera with Mr. Golden.
r. Davies of New York with Mr. Johnson.
r. 'SliellOr with Mr. Scudder.
Williams
Willis
Winstead
Wood
Woodhouse
-/
Mr. Morgan with Mr. Stockman,
Mr. Linehan with Mr. Poulson.
Mr. Bates of Kentucky with Mr. Nelson.
Mr. Gregory with Mr. Goodwin.
Mr. Colmer with Mr. Hale.
Mr. Jones of Missouri with Mr. Jenison.
Mr. Herlong with Mr. Sanborn.
Mr. Regan with Mr. August H. Andresen.
Mr. Underwood with Mr. Barrett of Wyo-
ming.
Mrs. Douglas with Mr. Engel of Michigan.
Mr. Harris with Mr. Jennings,
Mr. Sadowski with Mr. Vorys.
Mr. Wheeler with Mr. Keefe.
Mr. Engle of California with Mr. McMillen
Of Illinois.
Mr. Bailey with Mr. Murray of Wisconsin.
Mr. Furcolo with Mr. Rich.
The result of the vote was announced
as above recorded.
The doors were opened.
The SPEAKER. The question is on
the passage of the bill.
The bill was passed.
A motion to reconsider was laid on the
table.
GENERAL LEAVE TO EXTEND REMARKS
Mr. WHITTINGTON. Mr. Speaker, I
ask unanimous consent that all Members
e legislative days in which
ir remarks on the bill just
may have
to extend
passed; "
The AKER. Is there objection to
are- uest of the gentleman from Mis-
ppi?
There was no objection.
AMENDING THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF
1919
Mr. MADDEN. Mr. Speaker, by direc-
tion of the Committee on Rules I call up
House Resolution 741 and ask for its
immediate consideration.
The Clerk read the resolution, as
follows:
Resolved, That immediately upon the
adoption of this resolution it shall be in
order to move that the House resolve itself
into the Committee of the Whole House on
the State of the Union for the consideration
of the bill (H. R. 9129) to amend the Fed-
eral Property and Administrative Services Act
of 1949, and for other purposes. That after
general debate, which shall be confined to
the bill and continue not to exceed 1 hcur,
to be equally divided and controlled by the
chairman and ranking minority member of
the Committee on Expenditures in the Ex-
ecutive Departments, the bill shall be read
for amendment under the 5-minute rule.
At the conclusion of the consideration of
the bill for amendment, the Committee shall
rise and report the bill to the House with
such amendments as may have been adopted
and the previous question shall be consid-
ered as ordered on the bill and amendments
thereto to final passage without intervening
motion except one motion to recommit.
(Mr. MADDEN asked and was given
permission to revise and extend his re-
marks.)
Mr. MADDEN. Mr. Speaker, I yield
30 minutes to the gentleman from Ohio
[Mr. BROWN].
Mr. Speaker, this bill calls for the
rounding out and perfecting of the exist-
ing authority for the General Services
Administration. It is a piece of legisla-
tion that has been long demanded in or-
der to have an efficient business adriiin-
istration of our public records, so as to
keep a complete and simplified file of all
governmental records.
AUGUST 7
It has the specific' recommendation of
the Committee on Organization for the
Executive Branch of the Government.
It also has the recommendation of the
Hoover Commission and will cut down
the cost so far as Government paper
work is concerned. It is astounding
when you realize the amount of paper
work which is done by our Government.
The files and paper work of our Govern-
ment is enormously complex and costly.
In the District of Columbia the Govern-
ment owns or leases over 30,000,000
square feet of floor space and 5,000,000
square feet of that floor space is taken
up with the files. Nine-tenths of the
Federal employees are out in the field
on assignments and there are over 40,-
000 offices throughout the country. The
paper used by the Government amounts
to between 7 and 10 carloads daily.
There are over 800,000 typewriters used
by the Government.
Mr. Speaker, there is no opposition to
this bill. This bill was reported out, as
I said, unanimously by the committee
and has received the endorsement of the
Hoover Commission, the Bureau of the
Budget, the Comptroller General, and
the General Services Administration.
I believe that the gentleman from
Illinois, Chairman DAWSON, and the gen-
tleman from California, Chairman HoLi-
FIELD of the subcommittee and its spon-
sor, the gentleman from Missouri [Mr.
Bounvo], the gentleman from Michigan
[Mr. HOFFMAN], the gentleman from In-
diana [Mr. HARVEY], and all the other
members of the committee ought to be
commended on the excellent work they
have done on this legislation. The en-
actment into law of this bill will save the
Government a great deal of money. It is
legislation that has been necessary for
a long, long time.
Mr. Speaker, I reserve the balance of
my time.
Mr. BROWN of Ohio. Mr. Speaker, I
yield myself such time as I may require.
(Mr. BROWN of Ohio asked and was
given permission to revise and extend
his remarks.)
Mr. BROWN of Ohio. Mr. Speaker,
as the gentleman from Indiana [Mr.
MADDEN] has explained, this resolution,
House Resolution '741, makes in order
under an open rule the bill H. R. 9129, to
amend the Federal Property and Ad-
ministrative Services Act of 1949, and
for other purposes.
As the gentleman so well explained,
this simply rounds out the recommenda-
tions made by the Hoover Commission
so that we may get greater economy and
efficiency and obtain better records man-
agement through the General Services
Administration.
You will perhaps remember that in
1949 we did establish the General Serv-
ices Administration which has as one
of its responsibilities,,the control of derv-
ernment records.
This bill is entirely in line with the
recommendations of the Hoover Com-
mission. It has the endorsement of va-
rious members of the Commission, as
well as of the task force which was
named by the Commission to make a
study of records management. It is one
of the few measures to come before this
body which will save money instead of
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As has been stated, the gentleman from
? Missouri [Mr. BOLLING I offered the bill
and is to be congratulated.
At one point in the reading of the bill
I have an amendment that has met with
the approval of the entire committee
which I will offer and which will be self-
explanatory.
(Mr. HARVEY asked and was given
permission to revise and extend his
remarks.)
Mr. HOLIFIELD. Mr. Chairman, I
yield myself such time as I may desire.
_ Mr. Chairman, , this is a noncontro-
versial bill, so far as I know. We have
worked out the details of the bill in line
with suggestions from the Hoover Com-
mission, the Citizens Committee for the
Hoover Report, the Bureau of the Budg-
et, the General Services Administration,
and the General Accounting Office. We
think we have a very good bill here, one
that will save money instead of causing
the Government to spend money?
It is essentially a records-management
bill, beginning with section 6; however,
In the bill there are also some amend-
ments which the efficient operation of
the General Services Administration
make it desirable and necessary to offer.
Some of the amendments have no direct
connection with the records-managment
section of the bill, which is the major
section of the bill; however, because
these are the closing days of Congress
we thought it would be wise to include
them due to the fact that they are all
amendments to the basic Federal Prop-
erty and Administrative Services -Act of
1949, now Public Law 152.
Iith this bill we will give the General
ervices Administrator the tools neces-
sary for him to save the Government
many millions of dollars. You know, the
Increase of records has been astounding.
We have over 18,500,000 cubic feet of
records, and most of these records are in
file cases. Each one of these file cases
the Hoover Commission estimated cost
the Government $29 a year.
Many of those records can be trans-
ferred to record-management centers.
This bill provides for the setting up of
record-management centers on a re-
gional basis. It is estimated we can pos-
sibly use some of the white elephant war-
time buildings that were built for this
purpose. The estimate of the Hoover
Commission was that the records that are
now in a 4-foot-high filing case could be
transferred to record centers and thereby
reduce the cost to the Government from
$29 to $2.15 on the records cost of each
case. ,
Mr. BIKES. Mr. Chairman, will the
gentleman yield?
Mr. HOLIFIELD. I yield to the gen-
tleman from Florida.
Mr. BIKES. Mr. Chairman, I feel
that the gentleman and his committee
have rendered a very fine service in
bringing this bill before us. I am glad
to see it come here with the United back-
ing of the committee. It is obvious that
It is good legislation, that it is going to be
very helpful legislation. There is one
part of the bill I am particularly in-
terested in, and I would like to have the
gentleman's comments on it. I refer to
the section of the bill which provides a
method for the distribution of surplus
Government commodities to the hos-
pitals of the country in the same way
in which Government surplus commodi-
ties may now be distributed to the
schools of the country. As my friend
knows, the gentleman from Florida [Mr.
Roues] and I appeared before his sub-
committee and supported that section.
I wish my friend would touch on it.
Mr. HOLIFIELD. The section that
the gentleman from Florida [Mr. Silas]
speaks of its taken almost verbatim from
bills which have heretofore been "intro-
duced by him and by the gentleman
from Florida [Mr. ROGERS]. They
sought to restore to the General Services
Administration the right to make avail-
able surplus property to tax-supported
hospitals, health clinics, and different
types of health organizations?which are
clearly outlined in the bill?giving them
the same right to come and ask for such
surplus property, as might be available
and' usable, on the same basis that the
educational institutions in our country
have been allowed to come and ask for
surplus property. This was provided for
in the earlier Surplus Property Act. It
was inadvertently left out previously,
and the wisdom of restoring this section
has appealed to all of the members of
the committee on both sides. While
there is not a great deal of this type of
surplus property available at the present
time, there may be considerable surplus
property generated through the present
enlarged expenditures for defense pur-
poses. This bill will grant to some small
hospitals and health centers in small
towns, and in the large towns for that
matter, throughout the Nation, a chance
to get some of this material. But, re-
member that it only becomes surplus
after it has been thoroughly screened by
the General Services Administrator and
offered to every other Government
agency. It is excess until it is offered
to them, and when no one takes it, it
becomes surplus. At that time it can
be donated by the General Services Ad-
ministration on the same basis that ma-
terial is now donated to the educational
Institutions of the country.
I want to compliment the gentlemen
from Florida [Mr. SIKES and Mr. ROGERS]
for introducing their bill far in advance
of our records management bill, and also
thank them for their assistance in draft-
ing this particular legislation.
Unless there are some questions on this
bill, which is a rather technical bill, I
do not have much more to say. The
provisions are carefully drawn, and as
long as there is no controversy, I do not
care to take the time of the House in
going through a long and tedious expla-
nation of technical provisions. I will be
willing to answer any question that is
asked. If there are no questions, I will
yield back the balance of my time.
Mr. HARVEY. Mr. Chairman, I yielf
such time as he may desire to the gen-
tleman from New Jersey [Mr. Wm-
VERTON].
(Mr. WOLVERTON asked and was
. given permission to revise and extend
his remarks.)
AUGUST 7
Mr. WOLVERTON. Mr. Chairman, I
am in full accord with the pending bill
and give it my support.
7--The purpose of the bill is to enable
; the General Services Administration of
t the Government to simplify and better
systematize Government records. It is
in accord with the recommendations of
the Hoover Commission on Organization
of the Executive Branch of the Govern-
ment. The proposed legislation is de-
signed to cut down the cost and quantity
of Government paper work.
This measure also incorporates cer-
tain clarifying and technical amend-
ments relating to other statutory duties
of the General Services Administration
which are considered necessary for more
efficient performance of those duties.
The urgent need for a comprehensive
and effective program for records man-
agement is made plain by the findings
and recommendations of the Commis-
sion on Organization and the report of
Its task force on records management.
Today in the Federal Government the
handling of paper work in the conduct
of public business is enormous, complex,
and costly. The Bureau of the Budget
reports that in the District of Columbia
alone the Federal Government owns or
leases in excess of 30,000,000 square feet
of space; about 5,000,000 square feet, or
16% percent of the total, are taken up
by files. When it is considered that
nine-tenths of the Federal employees are
In field assignments, in some 40,000 of-
fices throughout the country, the magni-
tude of the files problem is readily ap-
parent. In the large cities of our Nation,
where many Federal offices are located,
the records management problems are
almost as acute as those encountered by
the Federal Government in the Wash-
ington area.
Each day sees large additions of mate-
rial to the present tremendous accumula-
tion of Government files.
Seven to ten carloads of paper stock
arrive daily at the Government Printing
Office. In large part, this paper is pre-
pared for the requirements of the
various governmental agencies. Federal
agencies use an estimated 100,000 differ-
ent kinds of forms; 80 to 95 percent are
specific agency forms; the remaining
5 to 20 percent are standard forms.
Clearly this field offers a vast oppor-
tunity for standardization.
To add to .the output of forms of the
Government Printing Office, 800,000
Government typewriters daily produce
myriads of letters; the mimeographs,
multigraphs, and other machines make
millions of copies of Government docu-
ments, forms, contracts, and other
papers. Clippings from newspapers,
magazines, and other periodicals add to
the great mass of material which goes
into the files.
The Bureau of the Budget cites this
striking hypothetical example from
one administrative department: That
agency has 20,000,000 individual file cases
or folders. If one sheet of paper were
to be added to each folder, 40,000 reams
of paper would be used, or about 80,000
inches-6,600 feet. In other words,
more than a mile of file space would be
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1950 CONGRESSIONAL RECORD-HOUSE
required merely to add one sheet of
paper to each folder. This is illustra-
tive of only one administrative depart-
ment.
A number of agencies besides the ad-
ministration to v-vhich / have referred
have individual cases that run into the
millions.
The committee of Congress having
jurisdiction in the matter has given
careful study to the proposed legislation
and is unanimous in urging its enact-
ment. The Citizens' Committee for the
Hoover Report, experts in records man-
agement, and the Bureau of the Budget.
the Comptroller General of the United
States, and the General Services Admin-
istrator are all in full accord as to the
need and importance of this measure.
This bill will result in a more orderly
and efficient administration of the rec-
ords of Federal agencies and will facili-
tate the performance by the adminis-
trator of his functions with respect to
supply and building management activi-
leile ties. It is also evident that substantial
economies will be effected by the enact-
ment of this bill. It deserves the support
of the Congress.
Mr. HOLIFIELD. Mr. Chairman, /
yield such time as he may desire to the
gentleman from Missouri [Mr. Bounic],
the author of this bill.
Mr. BOLLING. Mr. Chairman, there
seems little point in further elaborating
On this subject, since there is no oppo-
sition to it, I would like to point out,
however, that in addition to the work
done by the members Of the subcommit-
tee and the contribution made by the
gentlemen from Florida [Mr. SIKES and
Mr. ROGERS], the gentleman from South
Dakota [Mr. CAsE ] introduced legisla-
tion in substantially the same language
as section 211 on page 12 which deals
? with motor vehicle identification. The
gentleman fibril Illinois [Mr. O'HARA]
also contributed a section and an idea
to the bill in rounding out the activity of
44impe the General Services Administration.
I do think it is important to make clear
In the RECORD, one additional fact. In
addition to providing means for the stor-
age and disposal on the most economical
basis possible of the vast volume of Gov-
ernment records which we now have,
this bill will have an impact on the basic
and fundamental problem in all of rec-
ords management, that is, the creation
of new records. There is provision here-
in for a system to be set up which will
enable Government agencies to gradu-
ally reduce the rather hit-or-miss cre-
ation of records which we now have.
We are hopeful that this will lead not
only to economy in the sotrage of the
present heavy volume of records bmt to
future economies in that fewer records
? will be created than there would be
without the passage of this legislation.
The CHAIRMAN. The Clerk will
read the bill for amendment.
' The Clerk read as follows:
Be it enacted, etc., That the parenthetical
expression appearing_ in clause (1) of the
final sentence of subsection (a) of section
109 of the Federal Property and Administra-
tive Services Act of 1919 (Public Law 152,
Eighty-first Congress) is amended to read as
follows:
"(including the purchase from or trough
the Public Printer, for warehouse issue, of
standard forms, blankbook work, standard
specifications, and other printed material in
common use by Federal agencies not available
through the Superintendent of Documents)."
SEC. 2. (a) Clause (2) of the final sentence
of subsection (a) of section 109 of the Fed-
eral Property and Administrative Services Act
of 1949, as hereinbef ore amended, is amended
to read as follows: "(2) for paying the pur-
chase price, transportation to first storage
point of supplies and services, and the cost
of personal services employed directly in the
repair, rehabilitation, and conversion of per-
sonal property."
(b) The third sentence of subsection (b)
Of section 109 of such act is amended to read
as follows: "On and after such date, such
prices shall be fixed at levels so as to recover
so far as practicable the applicable purchase
price, the transportation cost to first storage
point, inventory losses, the cost of personal
Services employed directly in the repair, re-
habilitation, and conversion of personal
property, and the cost of amortization and
repair of equipment utilized for lease or rent
to executive agencies."
(c) The amendments made by this section
shall be effective on the date, not earlier than
July 1, 1950, on which the Administrator of
General Services shall determine that appro-
priated funds adequate to effectuate the pur-
poses of such amendments have been made
available.
SEC. 3. (a) The final sentence of subsec-
teion (b) of section 109 of the Federal Prop-
erty and Administrative Services Act of 1949
Is amended to read as follows: "Where an
advance of flxinds is not made, the General
Services Administration shall be reimbursed
promptly out of funds of the requisitioning
agency in accordance with accounting pro-
cedures approved by the Comptroller Gener-
al; Provided, That in any case where pay-
ment shall not have been made by the requi-
sitioning agency within 45 days after the date
of billing by the Administrator or the date
on which an actual liability for supplies or
services is incurred by the Administrator,
whichever is the later, reimbursement may
be obtained by the Administrator by the issu-
ance of transfer and counterwarrants, or
other lawful transfer documents, supported
by itemized invoices."
(b) Section 109 of the Federal Property
and Administ,rative Services Act of 1949 is
amended by adding at the end thereof the
following new subsection:
"(g) The Administrator of General Services
is authorized in his discretion to charge ven-
dors and producers of commodities consid-
ered for purchase such fees as he shall deter-
mine to be reasonable for testing such com-
modities for conformance to specifications
and standards, and such fees may be de-
posited in the General Supply Fund and
used to defray the expenses of conducting
such tests as the Administrator may pre-
scribe."
SEC. 4. Paragraphs (1) and (2) of section
203 (j) of the Federal Property and Adminis-
trative Services Act of 1949 are amended to
read as follows:
"(1) Under such regulations as he may
prescribe, the Administrator is authorized
In his discretion to donate for educational
purposes or public health purposes, includ-
ing research, in the States, Territories, and
'possessions without cost (except for costs
of care and handling) such equipment, ma-
terials, books, or other supplies under the
control of any executive agency as shall have
been determined to be surplus property and
which shall have been determined Under
paragraph (2) or paragraph (3) of this sub-
section to be usable and necessary for edu-
cational purposes or public health purposes,
including research.
12115
"(2) Determination whether such surplus
property (except surplus property donated
in conformity with paragraph (3) of this
subseation) is usable and necessary for edu-
cational purposes or public health purposes,
including research, shall be made by the
Federal Security Administrator, who shall
allocate such property on the basis of needs
and utilization for transfer by the Adminis-
trator of General Services to tax-supported
medical institutions, hospitals, clinics,
health centers, school systems, schools, col-
leges, and universities, and to other non-
profit medical institutions, hospitals, clinics,
health centers, schools, colleges, and
Universities which have been held exempt
from taxation under section 101 (6) of the
Internal Revenue Code, or to State depart-
ments of education or health for distribu-
tion to such tax-supported and nonprofit
medical institutions, hospitals, clinics,
health centers, school systems, schools, col-
leges, and -universities; except that in any
State where another agency Is designated
by State law for such purpose such transfer
shall be made to said agency for such dis-
tribution within the State."
SEC. 5. The Federal Property and Adminis-
trative Services Act of 1949 is amended by?
(a) redesignating section 210 thereof as
section 212, and wherever such section num-
ber appears in such act as originally enacted,
it is amended to conform to the redesigna-
tion prescribed by this subsection;
(b) inserting in the table of contents ap-
pearing in the first section of such act, im-
mediately after the line in which "Sec. 209."
appears, the following:
"Sec. 210. Operation of buildings and related
activities. -
"Sec. 211. Motor vehicle identification."
(c) inserting, immediately after section
209 thereof, the following new sections:
"OPERATION OP BDILDINGS AND RELATED
Acrwrcus
"Sno. 210. (a) Whenever and to the extent
that the Administrator has been or hereafter
may be authorized by any provision of law
other than this subsection to maintain,
operate, and protect any building, property,
or grounds situated in or outside the District
of Columbia, including the construction, re-
pair, preservation, demolition, furnishing,
and equipment thereof, he is authorized in
;the discharge of the duties so conferred
Upon him?
"(1) to purchase, repair, and clean uni-
forms for civilian employees of the General
Services Administration who are required
by law or regulation to wear uniform cloth-
ing;
"(2) to furnish arms and ammunition for
the protection force maintained by the Gen-
eral Services Administration;
"(3) to pay ground rent for buildings
owned by the United States or occupied by
Federal agencies, and to pay such rent in
advance when required by law or when the
Administrator shall determine such action
to be in the public interest;
"(4) to employ and pay personnel em-
ployed in connection with the functions of
operation, maintenance, and protection of
property at such per diem rates as may be
approved by the Administrator, not exceed-
ing rates currently paid by private industry
for similar services in the place where such
services are performed:'
"(5) without regard to the provisions of
section 322 of the act of June 30, 1932 (47
Stat. 412), as amended, to pay rental, and
to make repairs, alterations, and improve-
ments under the terms of any lease entered
into by, or transfer to, the General Service
Administration for the housing of any Fed-
eral agency which on June 30, 1950, was spe-
cifically exempted by law from the require-
ments of said section;
"(6) to obtain payments, through ad-
vances or otherwise, for services, space,
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12116 CONGRESSIONAL RECORD-HOUSE AUGUST 7
quarters, maintenance, -repair, or other fa..
.cilities furnished, on a reimbursable basis,
to any other Federal agency, or any mixed..
ownership corporation (as defined in the
Government Corporation Control Act), or
the District of Columbia, and to credit such
payments to the applicable appropriation of
the General Services Administration;
"(7) to make changes in, maintain, and
repair the pneumatic tube system connecting
buildings owned by the United States or oc-
cupied by Federal agencies in New York City
Installed under franchise of the city of New
York, approved June 29, 1909, and June 11,
1928, and to make payments of any obliga-
tions arising thereunder in accordance with
the provisions of the acts approved August
5, 1909 (36 Stat. 120), and May 15, 1928 (45
Stat. 533);
"(8) to repair, alter, and improve rented
premises, without regard to the 25 percent
limitation of section 322 of the act of June
30, 1932 (47 Stat. 412), as amended, upon a
determination by the Administrator that by
reason of circumstances set forth in such de..
termination the execution of such work,
without reference to such limitation is ad-
vantageous to the Government in terms .of
economy, efficiency, or national security. A-
copy of every such determination shall be
furnished to the General Accounting Office;
"(9) to pay sums in lieu of taxes on real
property declared surplus by Government
corporations, pursuant to the Surplus Prop-
erty Act of 1944, where legal title to such.
property remains in any such Government
corporation;
"(10) to furnish utilities and Other serv-
ices where such utilities and other services
are not .provided from other sources to per-
sons, firms, or corporations occupying or
utilizing plants or portions of plants which.
constitute (A) a part of the National Indus-
trial Reserve pursuant to the National Indus-
trial Reserve Act of 1948, or (B) surplus real
property, and to credit the amounts received
'therefrom to the applicable appropriation of
the General Services Administration;
"(11) at the direction of the Secretary of
Defense, to use proceeds received from insur-
ance against damage to properties of the Na-
tional Industrial Reserve for repair or resto-
ration of the damaged properties; and
"(12) to acquire, by purchase, condemna-
tion, or otherwise, real estate and interests
therein.
"(b) At the request of any Federal agency
or any mixed-ownership corporation (as de-
fined in the Government Corporation Con-
.trol Act), or the District of Columbia, the
Administrator is hereby authorized to oper-
ate, maintain, and protect any building
owned by the United States (or, in the case
of any wholly owned or mixed-ownership
Government corporation, by such corpora-
tion) and occupied by the agency or instru-
mentality making such request.
"(c) At the request of any Federal agency
or any mixed-ownership corporation (as de-
fined in the Government Corporation Con-
trol Act), the District of Columbia, the Ad-
ministrator is hereby authorized (1) to ac-
quire land for buildings and projects author-
ized by the Congress; (2) to make or cause
to be made, under contract or otherwise,
surveys and test borings and to prepare plans
and specifications for such buildings and
projects prior to the approval by the Attor-
ney General of the title to the sites thereof;
and (3) to contract for, and to supervise,
the construction and development and the
equipping of such buildings or projects. Any
sum available to any such Federal agency
? or instrumentality for any such building or
project may be transferred by such agency
to the General Services Administration in
advance for such purposes as the Adminis-
trator shall determine to be necessary, in-
cluding the payment of salaries and ex-
penses of personnel engaged in the prepara-
tion of plans and specifications or in field
supervision, and for general office expenses to
be incurred in the rendition of any such
service.
"(d) Whenever the Director of the Bureau
of the Budget shall determine such action
to be in the interest of economy or efficiency,
he shall transfer to the Administrator all
functions then vested in any other Federal
agency with respect to the operation, main-
tenance, and custody of any office building
owned by the United States or any wholly
owned Government corporation, or any office
building or part thereof occupied by any
Federal agency under any lease, except that
no transfer shall be made under this sub-
section?
"(1) of any post-office building unless the
Director shall first determine that such build-
ing is not used predominantly for post-
office purposes, and functions which are
transferred hereunder to the Administrator
with respect to any post-office building may
be delegated by him only to another officer
or employee of the General Services Admin-
istration or to the Postmaster General;
"(2) of any building located in any for-
eign country;
"(3) of any building located on the grounds
of any fort, camp, post, arsenal, navy yard,
naval training station, airfield, proving
ground, military supply depot, or school, or
of any similar facility of the Department
of Defense, unless and to such extent as a
permit for its use by another agency or
agencies shall have been issued by the Secre-
tary of Defense or his duly authorized rep-
resentative;
"(4) of any building which the Director
of the Bureau of the Budget finds to be a
part of a group of buildings which are (A)
located in the same vicinity, if B) utilized
wholly or predominantly for the special pur-
poses of the agency having custody thereof,
and (C) not generally suitable for the use
Of other agencies;
"(5) of the Treasury Building, the Bureau
of Engraving and Printing Building, the
buildings occupied by the National Bureau
of Standards, and the buildings under the
jurisdiction of the :regents of the Smith-
sonian Institution; or
"(6) of the office buildings of the Senate
and House of Representatives, the building
occupied by the Supreme Court of the United
States, the buildings occupied by the Li-
brary of Congress and the Columbia Hos-
pital in the District of Columbia, and any
other buildings and grounds under the juris-
diction of the Architect of theCapitol.
"MOTOR VEHICLE IDENTIFICATION
"Szc. 211. Under regulations prescribed by
the Administrator, every motor vehicle ac-
quired and used for official purposes within
the United States, its Territories, or posses-
sions, by any Federal agency or the District
of Columbia shall be conspicuously identified
by showing thereon either (a) the full name
of the department, establishment, corpora-
tion, or agency by which it is used and the
service in which it is used, or (b) a title
descriptive of the service in which it is used
if such title readily identifies the depart-
ment, establishment, corporation, or agency
concerned: Provided, That the regulations
issued pursuant to this section may provide
for exemptions from the requirement of this
section when conspicuous identification
would interfere with the purpose for which
a vehicle is acquired and used."
SEC. 6. The Federal Property and Admin-
istrative Services Act of 1949 is amended
by?
(a) redesignating "title V" of such act as
"title VI" thereof, and "title V", wherever
it appears therein, is amended to read "title
VI";
(b) redisignating sections 501-505, inclu-
sive, of such act, respectively, as sections
601-605, inclusive, thereof, and whenever
any such section number appears in such
act as originally enacted, it is amended to
conform in numbering to the redesignation
prescribed by this subsection;
(c) inserting at the proper place in the
table of contents to such act the following:
"TITLE V?FEDERAL RECORDS
"Sec. 501. Short title.
"Sec. 502. Custody and control of property.
"Sec. 503. National Historical Publications
Commission.
"Sec. 504. Federal Records Council.
"Sec. 505. Records management; The Admin-
istrator.
"Sec. 506. Records management; agency
heads.
"Sec. 507. Archival administration.
"Sec. 508. Reports.
'Sec. 509. Legal status of reproductions.
"Sec. 510. Limitation on liability.
"Sec. 511. Definitions."
(d) inserting, immediately following ti-
tle IV thereof, the following new title:
"TITLE V?FEDERAL RECORDS
"SHORT TITLE
"Sze. 501. This title may be cited as the
'Federal Records Act of 1950.*
"CUSTODY AND CONTROL OF PROPERTY
"SEC. 502. The Administrator shall have
immediate custody and control of the Na-
tional Archives Building and its contents,
and shall have authority to design, con-
struct, purchase, lease, maintain, operate,
protect, and improve buildings used by him
for the storage of records of Federal agen-
cies in the District of Columbia and else-
where.
"NATIONAL HISTORICAL PUBLICATIONS
COMMISSION
"SEC. 503. (a) There is hereby created a
National Historical Publications Commission
consisting of the Archivist (or an alternate
designated by him), who shall be chairman;
the Librarian of Congress (or an alternate
designated by him); one Member of the
United States Senate to be appointed, for a
term of 4 years, by the President of the
Senate; one Member of the House of Repre-
sentatives to be appointed, for a term of 2
years, by the Speaker to the House of Repre-
sentatives; one representative of the judi-
cial branch of the Government to be ap-
pointed, for a term of 4 years, by the Chief
Justice of the United States; one represent-
ative of the Department of State to be ap-
pointed, for a term of 4 years, by the Secre-
tary of State; one representative of the
Department of Defense to be appointed, for a
term of 4 years, by the Secretary of Defense;
two members of the American Historical
Association to be appointed council of the
said association, one of whom shall serve an
initial term of 2 years and the other an
initial term of 3 years, but their successors
shall be appointed for terms of 4 years; and
two other members outstanding in the fields
of the social or physical sciences to be ap-
pointed by the President of the United
States, one of whom shall serve an initial
term of 1 year and the other an initial term
of 3 years, but their successors shall be
appointed for terms of 4 years. The Com-
mission shall meet annually and on call of
the Chairman.
"(b) Any person appointed to fill a va-
cancy in the membership of the Commis-
sion shall be appointed only for the unex-
pired term of the member whom he shall suc-
ceed, and his apopintment shall be made
in the same manner in which the appoint-
ment of his predecessor was made.
"(c) The Commission is authorized to ap-
point, without reference to the Classifica-
tion Act of 1949 (Public Law 429, 81st
Cong. approved Oct. 28, 1949), an execu-
tive director and such editorial and clerical
staff as the Commission may determine to
be necessary. Members of the Commission
who represent any branch or agency of the
Govornramt shall serve Cs members of the
Commission without additional compensa-
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1950 CONGRESSIONAL RECORD-HOUSE
tion. All members of the Commission shall
be reimbursed for transportation expenses
inctirred in attending meetings of the Com-
mission, and all such members other than
those who represent any branch or agency
of the Government of the United States
shall receive in lieu of subsistence en route
to or from or at the place of such service,
for each day actually spent in connection
with the performance of their duties as
members of such Commission, such sum, not.
to exceed $25, as the Administrator shall
prescribe.
"(d) The Commission shall make plans,
estimates, and recommendations for such
historical works and collections of sources as
it deems appropriate for printing or other-
wise recording at the public expense. The
Commission shall also cooperate with and
encourage appropriate Federal, State, and
local agencies and nongovernmental insti-
tutions, societies, and individuals in collect-
ing and preserving and, when it deems such
action to be desirable, in editing and pub-
lishing the papers of outstanding citizens
of the United States and such other docu-
ments as may be important for an under-
standing and appreciation of the history
of the United States, The Chairman of the
tikiw, Commission shall transmit to the Adminis-
trator from time to time, and at least once
annually, such plans, estimates, and recom-
mendations as have been approved by the
Commission.
"FEDERAL RECORDS COUNCIL
"SEC. 504. The Administrator shall estab-
lish a Federal Records Connell, and shall ad-
vise and consult with the Council with a view
to obtaining its advice and assistance in
carrying out the purposes of this title. The
Council shall include representatives of the
legislative, judicial, and executive branches
of the Government in such number as the
Administrator shall determine, but such
Council shall Include at least four repre-
sentatives of the legislative branch, at least
two representatives of the judicial branch,
and at least six representatives of the execu-
tive branch. Members of the Council repre-
senting the legislative branch shall be desig-
nated, in equal number, by the President of
the Senate and the Speaker of the House of
Representatives, respectively. Members of
the Council representing the judicial branch
shall be designated by the Chief Justice of
Ikrai the United States. The Administrator is au-
thorized to designate from persons named by
the head of any executive agency concerned,
not more than one representative from such
agency to serve as a member of the Council.
Members of the Council shall serve without
compensation, but shall be reimbursed for
all necessary expenses actually incurred in
the performance of their duties as members
of the' Council. The Council shall elect a
chairman from among its own membership,
and shall meet at least once annually,
"RECORDS MANAGEMENT; THE ADMINISTRATOR
"SEC. 505."(a) The Administrator shall
make provisions for the economical and ef-
ficient management of records of Federal
agencies (1) by analyzing, developing, pro-
moting, and coordinating standards, pro-
cedures, and techniques, designed to improve
the management of records, to insure the
maintenance and security of records deemed
appropriate for preservation, and to facilitate
the segregation and disposal of records of
temporary value, and (2) by promoting the
efficient and economical utilization of space,
equipment, and supplies needed for the pur-
pose of creating, maintaining, storing, and
servicing records.
"(b) The Administrator shall establish
standards for the selective retention of rec-
ords of continuing value, and assist Federal
agencies in applying such standards to rec-
ords in their custody; and he shall notify the
head of any Federal agency of any actual,
Impending, or threatened unlawful removal,
defacing, alteration, or destruction of records
In the custody of such agency that shall
come to his attention, and assist the head of
such agency in initiating action through the
Attorney General for the recovery of such
records as shall have been unlawfully re-
moved and for such other redress as may be
provided by law.
"(c) The Administrator is authorized to
inspect or survey personally or by deputy
the records of any Federal agency, as well as
to make surveys of records management and
records-disposal practices in such agencies,
and shall be given the full cooperation of
officials and employees of agencies in such in-
spections and surveys: Provided, That rec-
ords, the use of which is restricted by or pur-
suant to law or for reasons of national secu-
rity or the public interest, shall be inspected
or surveyed in accordance with regulations
promulgated by the Administrator, subject
to the approval of the head of the custodial
agency.
"(d) The Administrator is authorized to
establish, maintain, and operate records cen-
ters for the storage, processing, and servic-
ing of records for Federal agencies pending
their deposit with the National Archives of
the United States or their disposition in any
other manner authorized by law; and to
establish, maintain, and operate centralized
microfilming services for Federal agencies.
"(e) Subject to applicable provisions of
law, the Administrator shell promulgate reg-
ulations governing the transfer of records
from the custody of one executive agency to
that of another.
"(I) The Administrator may empower any
Federal agency, upon the submission of evi-
dence of need therefor, to retain records for
a longer period than that specified in dis-
posal schedules approved by Congress, and, in
accordance with regulations promulgated by
him, may withdraw disposal authorizations
covering records listed in dispoSal schedules
approved by Congress.
"RECORDS MANAGEMENT; AGENCY HEADS
"Sso. 506. (a) The head of each Federal
agency shall cause to be made and preserved
records containing adequate and proper
documentation of the organization, func-
tions, policies, decisions, procedures, and
essential transactions of the agency and de-
signed to furnish the information necessary
to protect the legal and financial rights of
the Government and of persons directly
affected by the agency's activities.
"(b) The head of each Federal agency
shall establish and maintain- an active, con-
tinuing program for the economical and effi-
cient management of the records of the
agency. Such program shall, among other
things, provide for (1) effective controls over
the creation, maintenance, and use of rec-
ords in the conduct of current business; (2)
cooperation with the Admiinstrator in ap-
plying standards, procedures, and techniques
designed to improve the management of rec-
ords, promote the maintenance and secu-
rity of records deemed appropriate for pres-
ervation, and facilitate the segregation and
disposal of records of temporary value; and
(3) compliance ivith the provisions of this
title and the regulations issued thereunder.
"(c) Whenever the head of a Federal
agency determines that substantial econ-
omies or increased operating efficiency can be,
effected thereby, he shall provide for the
storage, processing, and servicing of records
that are appropriate therefor in a records
center maintained and operated by the Ad-
ministrator or, when approved by the Ad-
ministrator, in such a center maintained and
operated by the head of such Federal agency.
"(d) Any official of the Government who
is authorized to certify to facts on the basis
of records in his custody, is hereby author-
ized to certify to facts on the basis of records
that have been transferred by him or his
predecessors to the Administrator,
12117
"(e) The head of each Federal agency shall
establish such safeguards against the removal,
or loss of records as he shall determine to be
necessary and as may be required by regu-
lations of the Administrator. Such safe-
guards shall include making it known to all
officials and employees of the agency (1)
that no records in the custody of the agency
are to be alienated or destroyed except in
accordance with the provisions of the act
approved July 7, 1943 (57 Stat. 380-383), as
amended July 6, /945 (59 Stat. 434), and (2)
the penalties provided by law for the unlaw-
ful removal or destruction of records.
"(f) The head of each Federal agency shall
notify the Administrator of any actual, im-
pending, or threatened 'unlawful removal,
defacing, alteration, or destruction of records
in the custody of the agency of which he is
the head that shall come to his attention,
and with the assistance of the Administrator
shall initiate action through the Attorney
General for th recovery of records he knows
or has reason to believe have been unlawfully
removed from his agency, or from any other
Federal agency whose records have been
transferred to his legal custody.
"(s) Nothing in this title shall be con-
strued as limiting the authority of the Comp-
troller General of the United States with re-
spect to prescribing accounting systems,
forms, and procedures, or lessening the re-
sponsibility of collecting and disbursing of-
ficers for rendition of their accounts for set-
tlement by the General Accounting Office.
"ARCHIVAL ADMINISTRATION
"SEc. 507. (a) The Administrator, when-
ever it appears to him to be in the public in-
terest, is hereby authorized?
"(1) to accept for deposit with the National
Archives of the United States the records of
any Federal agency or of the Congress of
the United States that are determined by the
Archivist to have sufficient historical value
to warrant their continued preservation by
the United States Government;
"(2) to direct and effect, with the ap-
proval of the head of the originating agency
(or if the existence of such agency shall have
been terminated, then with the approval of
his successor in function, if any), the trans-
fer of records deposited (or approved for de-
posit) with the National Archives of the
United States to public or educational in-
stitutions or associations: Provided, That the
title to such records shall remain vested in
the United States unless otherwise author-
ized by Congress; and
"(3) to direct and effect the transfer of
materials from private sources authorized to
be received by the Administrator by the pro-
visions of subsection (e) of this section.
"(b) The Administrator shall be respon-
sible for the custody, use, and withdrawal Of
records transferred to him: Provided, That
whenever any records the use of which is
subject to statutory limitations and restric-
tions are so transferred, permissive and re-
strictive statutory provisions with respect to
the examination and use of such records ap-
plicable to the head of the agency from
which the records were transferred or to em-
ployees of that agency shall thereafter like-
wise be applicable to the Administrator, the
Archivist, and to the employees of the Gen-
eral Services Administration, respectively:
Provided further, That whenever the head of
any agency shall specify in writing restric-
tions that appear to him to be necessary or
desirable in the public interest, on the use or
examination of records being considered for
transfer from his custody to the Administra-
tor, the Administrator shall impose such re-
etrictions on the, records so transferred, and
Shall not remove or relax such restrictions
Without the concurrence in writing of the
head of the agency from which the material
shall have been transferred (or if the exist.
ence of such agency shall have been termi-
nated, then he shall not remove or relax such
_restrictions withont the concurrence of the
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CONGRESSIONAL RECORD-HOUSE AUGUST 7
successor in function, if any, of such agency
head) : Provided, however. That statutory and
other restrictions referred to in the provisos
of this subsection shall not remain in force or
effect after the records have been in existence
for 50 years unless the Administrator by order
shall determine with respect to specific
bodies of records that such restrictions shall
remain in tame and effect for a longer period:
And provided further, That restrictions on
the use or examination of records deposited
with the National Archives of the United
States heretofore imposed and now in force
and effect under the terms of section 0 of
the National Archives Act, approved June 19.
1934, shall continue in force and effect re-
gardless of the expiration of the tenure of
office of the official who imposed them but
May be removed or relaxed by the Adminis-
trator with the concurrence in writing of
the head of the agency from which material
has been transferred (or if the existence of
such agency shall have been terminated, then
With the concurrence in writing of his suc-
cessor in function, if any).
"(c) The Administrator shall make pro-
visions for the preservation, arrangement,
repair, and. rehabilitation, duplication and
reproduction (including microcopy ptiblica-
tions), description, and exhibition of records
transferred to him as may be needful or ap-
propriate, including the preparation and.
publication of inventories, indexes, catalogs,
and other finding aids or guides facilitating
their use; and, when approved by the Na-
tional Historical Publications Commission,
he may also publish such historical works and
collections of sources as seem appropriate for
printing or otherwise recording at the public
expense.
"(d) The Administrator shall make such
provisions and maintain such facilities as he
deems necessary hr desirable for servicing
records in his custody that are not exempt
from examination by statutory provisions or
other restrictions.
"(e) The Administrator may accept for
deposit?
"(1) the personal papers and other per-
sonal historical documentary materials of
the present President of the United States,
his successors, heads of executive depart-
ments, and stich other officials of the Govern-
ment as the President may designate, offered
for deposit under restrictions respecting their
use specified in writing by the prospective
depositors: Provided, That restrictions so
specified on such materials-, or any portions
thereof, accepted by the Administrator for
such deposit shall have force and effect dur-
ing the lifetime of the depositor or for a
period not to exceed 25 years, whichever is
longer, unless sooner terminated in writing
by the depositor or his legal heirs: And pro-
vided further, That the Archivist determines
that the materials accepted for such deposit
will have continuing historical or other
Values;
"(2) motion-picture films, still pictures,
and pound recordings from private sources
that are appropriate for preservation by the
Government as evi-dence of its organization,
functions, policies, decisions, procedures,
and transactions.
Title to materials so deposited under this
subsection shall pass to and vest in the
United States.
"(f) The Administrator Is hereby author-
ized to make and preserve motion-picture
films, still pictures, and sound. recordings
pertaining to and illustrative of the histori-
cal development of the United States Gov-
ernment and its activities, and to make pro-
visions for preparing, editing, titling, scor-
ing, processing, duplicating, reproducing, ex-
hibiting, and releasing for nonprofit educa-
tional purposes, motion-picture films, still
pictures, and sound recordings in his custody,
"REPORTS
"SEc. 508. (a) The Administrator is hereby
authorized, whenever he deems it necessary,
to obtain' reports from Federal agencies on
their activities under the provisions of this
title and the act approved July '7, 1943 (57
Stat. 380-383), as amended July 6, 1945 (59
Stat. 434).
"(b) The Administrator' shall, whenever
he finds that any provisions of this title have
been or are being violated, inform in writing
the head of the agency concerned of such
violations and make recommendations re-
garding means of correcting them. Unless
corrective measures satisfactory to the Ad-
ministrator are inaugurated within a rea-
sonable time, the Administrator shall sub-
mit a written report thereon to the Presi-
dent and the Congress.
"LEGAL STATUS OP REPRODUCTIONS
"Sac. 509. (a) Whenever any records that
are required by statute to be retained indefi-
nitely have been reproduced by photographic,
microphotographic, or other processes, in
accordance with standards established by the
Administrator, the indefinite retention of
such photographic, microphotographic, or
Other reproductions will be deemed to con-
stitute compliance with the statutory re-
quirement for the indefinite retention of
such original records. Such reproductions,
as well as reproductions made in compliance
with regulations promulgated to carry out
this title, shall have the same legal status
as the originals thereof.
"(b) There shall be an official seal for the
National Archives of the United States which
shall be judicially noticed. When any copy
or reproduction, furnished under the terms
hereof, is authenticated by such official seal
and certified by the Administrator, such copy
or reproduction shall be admitted in evi-
dence equally with the original from which
it was made.
"(c) The Administrator may charge a fee
not in excess of 10 percent above the costs
or expenses for making or authenticating
copies or reproductions of materials trans-
ferred to hie custody. All such fees shall
be paid intes administered, and expended as
a part of the National Archives Trust Fund.
provided for in section 5 of the act approved
July 9, 1941. There shall be no charge for
making or authenticating copies or repro-
ductions of such materials for official use
by the United States Government: Provided,
That reimbursement may be accepted to
cover the cost of furnishing such copies or
reproductions that could not otherwise be
furnished.
"LIMITATION ON L/ADILITY
"Sac. 510. With respect to letters and
other intellectual productions (exclusive of
material copyrighted or patented) after they
come into the custody or possession of the
Administrator, neither the United States nor
its agents shall be liable for any infringe-
ment of literary property rights or analogous
rights arising thereafter out of use of such
materials for display, inspection, research,
reproduction, or other purposes.
"DEFINITIONS
"SEC. 511. When used in this title?
"(a) The term 'records' shall have the
meaning given to such term by section 1 of
the act entitled 'An act to provide for the
disposal of certain records of the United
States Government', approved July '7, 1943
(57 Stat. 380, as amended; 44 U. S. C. 866);
"(b) The term 'records center' means an
establishment maintained by the Adminis-
trator or by a Federal agency primarily for
the storage, servicing, security, and process-
ing of records that must be preserved for
varying periods of time and need not be
retained in office equipment and space;
"(c) The term 'servicing' means making
available far use information in records and
other materials in the custody of the Ad-
ministrator?
"(1) by furnishing such records or other
materials, or information from such records
or other materials, or copies or reproductions
thereof to agencies of the Government for
official use and to the public; and
"(2) by making and furnishing authenti-
cated or unauthenticated copies or reproduc-
tions of such records and other materials;
"(d) The term 'National Archives of the
United States' means those official recads
that have been determined by the Archivist
to have sufficient historical or other value to
warrant their continued preservation by the
United States Government,' and have been
accepted by the Administrator for deposit in
his custody;
"(e) The term 'unauthenticated copies'
means exact copies or reproductions of rec-
ords or other materials that are not certified
as such under seal and that need not be
legally accepted as evidence; and
'(f) The term 'Archivist' means the
Archivist of the United States."
SEC.?. The Federal Property and Adminis-
trative Services Act of 1949 is further
amended by?
(a) striking out the word "and" preceding
"(2) " in subsection (d) of section 3 thereof;
substituting a semicolon for the period at the
end of said subsection; and adding at the
end of such subsection the following; "and
(3) records of the Federal Government";
(b) striking out, in section 208 (a) thereof,
the expression "and V," and inserting in lieu
thereof the expression "V, and VI";
(c) striking out, in section 208 (b) thereof,
the expression "and V," and inserting in lieu
thereof the expression "V, and VI";
(d) striking out the word "and" at the end
of paragraph (30) of section 602 (a); striking
out the period at the end of paragraph (31)
of section 602 (a) and inserting in lieu
thereof a semicolon; and adding at the end
of section 602 (a) the following new para-
graphs:
"(32) the act entitled 'An act to establish
a National Archives of the United States
Government, and for other purposes,' ap-
proved June 19, 1934 (48 Stat. 1122-1124;
as amended; 44 U. S. C. 300, 300a); and
"(33) section 4 of the act of February 3,
1905 (33 Stat. 687, as amended; 5 U. S. C.
77)."
(e) amending subsections 602 (b) and (c)
thereof to read as follows:
"(b) There are hereby superseded?
"(1) the provisions of the first, third, and
fifth paragraphs of section 1 of Executive
Order No. 6166 of June 10, 1933, insofar as
they relate to any function now adminis-
tered by the Bureau of Federal Supply ex-
cept functions with respect to standard con-
tract forms; and
"(2) sections 2 and 4 of the act entitled
'An act to provide for the disposal of certain
records of the United States Government,'
approved July '7, 1943 (57 Stat. 381, as
amended; 44 U. S. C. 367 and 369), to the ex-
tent that the provisions thereof are incon-
sistent with the provisions of title V of this
act.
"(c) The authority conferred by this act
shall be in addition and paramount to any
authority conferred by any other law and
shall not be subject to the provisions of any
law inconsistent herewith, except that sec-
tions 205 (b) and 206 (c) of this act shall not
be applicable to any Government corporation
or agency which is subject to the Government
Corporation Control Act (59 Stat. 597; 31
TJ. S. C. 841)."
(f) amending paragraphs (17), (18), and
(19) of section 602 (d) thereof to read as
follows:
"(17) the Central Intelligence Agency; or
"(18) the Joint Committee on Printing,
under the act entitled 'An act providing for
the public printing and binding and the dis-
tribution of public documents' approved
January 12, 1895 (28 Stat. 601), as amended,
or any other act; or
"(19) for such period of time as the Pres-
ident may specify, any other authority of any
executive agency which the President de-
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1950 CONGRESSIONAL RECORD-HOUSE
termines within 1 year after the effective
date of this act should, in the public interest.
Stand unimpaired by this act."
(g) striking out the period at the end of
'section 603 (a) thereof and inserting in
lien thereof a comma aid, the following:
"Including payment in advnce, when au-
thorized by the Administrator, for library
memberships in societies whose publications
are available to members only, or to mem-
bers at a price lower than that charged to
the general public."
SEC. 8. (a) Subsection 3 (b) of the Federal
Property and Administrative Services Acts of
1949 is amended to read as follows:
"(b) The term 'Federal agency' means
any executive agency or any establishment
in the legislative or judicial branch of the
Government (except the Semite, the Rouse
of Representatives, and the Architect of the
Capitol and any activities under his direc-
tion)."
(b) Section 201 (b) of the Federal Prop-
erty and Administrative Services Act of 1949
is ainended by striking out the expression
or the Senate, or the House of Represen-
tatives,",
(c) Section 602 of the Federal Property
iltuo, and Administrative Services Act of 1949 is
amended by redesignating subsection (e)
thereof of subsection (f), and inserting, im-
mediately after subsection (d) thereof, the
following new subsection:
"(e) No provision of this act as originally
enacted Or as herein amended shall apply
to the Senate or the House Of Representa-
tives (including the Architect of the Capi-
tol ,and any building, activity, or function,
Under his direction), but any Of the services
arid facilities authorized by this act to be
rendered br furnished shall, as far as prac-
ticable, be made available to the Senate,
the Rouse of Representatives, or the Archi-
teCt of the Capita upon their request, 'and,
if ,payment would be required for the rendi-
tion or furnishing of a similar service or
facility to an executive agency, payment
therefor shall be made by the recipient
thereof, upon presentation of proper vouch-
ers, in advance or by reimbursement (as
may be agreed upon by the Administrator
and the officer or body making such request).
Such payment may be credited to the ap-
plicable appropriation of the executive
agency receiving such payment."
%OW SEC. 9, The Federal Property and Admin-
istrative Services Act of 1949, section 205
(h), is hereby amended by striking out the
last word of the sentence "Title" and insert-
ing in lieu thereof the word "Act".
Sec. 10. (a) Whenever any contract made
Oil behalf of the Governmeiat by the head
'o, any Federal agency, or by officers au-
thorised by him to do so, includes a pro-
vision for liquidated damages for delay,
the Comptroller General upon recommen-
dation of such head Is authorized and em-
powered to remit the whole or any part of
sUch damages as in his discretion may be
just and equitable.
(b) Section 306 of the Federal Property
and Administrative Services Act of 1949, is
hereby repealed, and this section shall be
effective as of July 1, 1949.
Sac. 11. All laws or parts of laws in con-
flict with the amendments made by this act
are, to the 'extent of such conflict, hereby
repealed.
Mr. HOLIFIET T) (interrupting the
reading of the bill). Mr. Chairman, I
4aSk unaniMous consent that the further
reading of the bill be dispensed with and
that the,bill bq opeTA to amendment at
- .
any point.
The CHAIRMAN. there objection
to the request of the gentleman from
Carfornia?
There was no objection.
No. 155-6
The CHAIRMAN. The Clerk will re-
port the committee amendments.
The Clerk read, as follows:
Committee amendments: Page 1, line 8,
after the word "Printer", insert a comma.
Page 1, line 9, after the word "Issue", in-
sert a comma.
Page 7, line 4, strike "transfer" and insert
"transferred".
Page 8, line 8, after the word "security"
strike the period and insert ": Provided, That
such determination shall show that the total
cost (rentals, repairs, alterations, and im-
provements) to the Government for the ex-
pected life of the lease shall be less than
the cost of alternative space which needs no
such repairs, alterations, or improvements."
Page 14, line 18, after the word "appointed",
insert "by the".
Page 15, line 25, strige "Administrator"
and insert "Commissioner".
Page 16, line 7, after the word "societies",
insert a comma.
Page 16, line 13, after the word "time",
insert a comma.
Page 16, line 25, after the word "branch",
insert a comma.
Page 17, line 4, after word "Representa-
tives", strike out the period and insert ",
respectively."
Page 26, line 12, the first word "Title",
should be extended to the full margin.
Page 30, line 2, strike the apostrophe after
the word "Government".
Page 30, line 16, after the word "Govern-
ment", strike the quotation and semicolon
and insert ".":"
Page 31, line 7, after "1124", strike the semi-
colon and insert a comma.
Page 31, line 8, after "300c-k", strike the
semicolon and insert "):".
Page 32, line 11, strike "or".
Page 34, line 12, after the word "Admin..
Istrative", insert "Services".
Page 35, line 2, after "1949", insert a
comma.
Page 35, line 2, after the word "repealed",
Insert a comma.
The committee amendments were
agreed to.
Mr. HARVEY. Mr. Chairman, a par-
liamentary inquiry.
The CHAIRMAN. The gentleman
will state it.
Mr. HARVEY. Mr. Chairman, if I
understand correctly, the second com-
mittee amendment, as read by the Clerk,
is the same as the amendment I have
at the desk which I intended to offer.
The CHAIRMAN. It is the same, with
the exception of punctuation marks.
Mr. HARVEY. Then, Mr. Chairman,
if the committee amendment is the same
as the one I intended to offer, I shall not
offer my amendment.
Mr. HOLIFIELD. Mr. Chairman, so
that we may be positive the gentleman's
amendment is covered, I ask unanimous
consent that the amendment he intended
to offer may be read by the Clerk.
The CHAIRMAN. Is there objection
to the request of the gentleman from
California?
There was no objection.
The Clerk read as follows:
Amendment offered by Mr. HARVEY: On
page 8, in line 8, after the word "Security,"
strike out the period and insert the follow-
ing: Provided, That such determination
Shall show that the total cost (rentals, re-
pairs, alterations, and improvements) to the
Government for the expected life of the lease
shall be less than the cost of alternative space
which needs no such repairs, alterations, or
improvements."
12119
Mr. HARVEY. Mr. Chairman, I move
to strike out the last word.
Mr. Chairman, by way of explanation
and for the record, it should be ex-
plained here that this amends the por-
tion of the act wherein the bill strikes
out the previous restrictions concerning
the amount of money which may be
spent for alterations of leased space.
The provision as it exists now in many
instances worked extreme hardship on
the Government and forced the Govern-
ment to lease expensive space which they
would not have had to do if they had
had the benefit of such a provision.
However, we on the subcommittee-
and I may say that the subcommittee
was unanimous on this amendment-
were reluctant to take the ceiling off.
This amendment was prepared so that
in the future there will not be the com-
plaint made that when we took the ceil-
ing off that no policy was set forth. I
think this is a very good procedure, and
In taking off the restriction, to begin
with, it should have been circumscribed
by this amendment so that the policy
and intent of the Congress will be fol-
lowed.
Mr. HOLIFIELD. Mr. Chairman, I
move to strike out the last word.
Mr. Chairman, on this particular
amendment I want to pay tribute to the
gentleman from Indiana [Mr. HARVEY],
who brought this matter to our atten-
tion. We went into it rather extensively
and we had testimony which proved that
by lifting of this particular limitation on
repairs of buildings, we have been able to
effect tremendous savings.
For instance, in the case of the Car-
son-Pirie-Scott building in Chicago we
secured a building by repairing it for 93
cents a square foot instead of $2.61 a
square foot. In a Cincinnati building
we are paying 53 cents, where cor-
responding quarters in the same city
cost 83 cents. In Los Angeles we are pay-
ing 55 cents a square foot for a building
where other space nearby is $1.28. And
so forth.
There are many justifications for this
amendment and the gentleman from--In-
diana is the one who was responsible for
it. I pay tribute to him for his watch-
fulness in presenting this.
Mr. HARVEY. Mr. Chairman, will
the gentleman yield?
Mr. HOLIFIELD. I yield.
Mr. HARVEY. I want to also men-
tion the fact that it was brought out
in the course of the investigation we
made into this, that many times because
we were not able to use cheap space, we
were compelled in metropolitan areas
particularly to rent very expensive office
space, It is also space that is in great
demand for offices of private enterprise.
We are also doing a double favor in per-
mitting our agencies to use the less ex-
pensive and less desirable places in our
metropolitan areas.
Mr. HOLIFIELD. I thank the gentle-
man.
The CHAIRMAN. The time of the
gentleman from Indiana [Mr. HARVEY]
has expired.
Mr. EOLIFIELD. Mr. Chairman, I
offer two perfecting amendments.
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12120 CONGRESSIONAL RECORD-HOUSE
The Clerk read as follows;
Amendment's Offered by Mr. HOLIFIELD:
Page 7, line 7, strike the word "to" and insert
In lieu thereof the word "the."
Page 34, line 5, insert quotation Marks at
the beginning of subsection (e).
The amendments were agreed to.
The CHAIRMAN. Under the rule, the
Committee will rise.
Accordingly the Committee rose; and
the Speaker having resumed the Chair,
Mr., BATTLE, chairman of the Commit-
tee of the Whole House on the State of
the Union, reported that that Commit-
tee, having had under consideration the
bill H. R.. 9129, pursuant to House Reso-
lution 741, he reported the same back to
. the House' with sundry amendments
adopted in Committee of the Whole.
The SPEAKER. Under the rule, the
previous question is ordered. Is a sepa-
rate vote demanded on any amendment?
If not, the Chair will put them en gross.
The amendments were agreed to.
The SPEAKER. The question is on
the engrossment and third reading Of
the bill. .
The bill was ordered to be engrossed
. and read a third time, and was read the
": third time.
The SPEAKER. The question is on
. the passage of the bill.
, The bill was passed.
. A motion to reconsider was laid on
the table. .
Mr. HOLIFIELD. Mr. Speaker, I ask
.unanimous .consent for the immediate
consideration, of the bill (S. 3959) 'to
amend the Federal Property and Admin-
istrative Services At of 1949, and for
other purposes.
The SPEAKER. Is there objection to
the request of the gentleman from Cali-
fornia?
? There Was no objection.
The Clerk read the Senate bill as fol-
lows:
Be it enacted, etc., That the parenthetical
. expression appearing in clause (1) of the final
sentence of subsection (a) of section 109 of
the Federal Property and Administrative
Services Act, of 1949 (Public Law 152, 81st
Cong.) is amended to read as follows: "(in-
cluding the purchase from or through the
Public Printer, for warehouse issue, of stand-
ard forms, blankbciok work, standard speci-
fications: and other, printed material in com-
mon use by Federal agencies not available
through the Suiperintendent of Documents)."
SEC. 2. (a) Clause (2) of the final sentence
Of subsection (a) of section 109 of the Federal
PropertY and AdministratiVe Services Act of
1949, as hereinbefore amended, is amended
to read as follows; "(2) for paying the 'pur-
chase price, transportation to first storage
point of supplies and services, and the cost
of personal services employed directly in the
repair, rehabilitation, and conversion of per-
sonal property."
(b) The third sentence of subsection (b)
Of section 109 of such act is amended to read
as follows: "On and after such date, Such
. prices shall be fixed at levels so as to recover
BO far as practicable the applicable purchase
price, the transportation cost to first storage
point, inventory losses, the cost of personal
services employed directly in the repair, re-
habilitation, and conversion of personal
property, and the cost of amortizatio:n and
repair of equipment utilized for lease or
rent to executive agencies."
(c) The amendments made by this section
shall be effective on the date, not earlier than
-July 1, 1950, on which the Administrator of
General Services shall determine that appro-
priated funds adequate to effectuate the pur-
poses of such amendments have been made
available.
SEC. 3. (a) The final sentence of subsec-
tion (b) of section 109 of the Federal Prop-
erty and Administrative Services Act of 1949
is amended to :read as follows: "Where an
advance of funds is not made, the General
Services Administration shall be reimbursed
promptly out of funds of the requisitioning
agency in accordance with accounting pro-
cedures approved by the Comptroller Gen-
eral: Provided, That in any case where pay-
ment shall not have been made by the requi-
sitioning agency within 45 days after the
date of billing by the Administrator or the
date on which an actual liability for supplies
or services is incurred by the Administrator,
Whichever is the later, reimbursement may be
obtained by the Administrator by the issu-
ance of transfer and counterwarrants, or
other lawful transfer documents, supported
by itemiKed invoices."
(b) Section 109 of the Federal Property
and Administrative Services Act of 1949 is
amended by adding at the end thereof the
following new subsection:
"(g) Whenever any producer or vendor
shall tender any article or commodity for
sale to the General Services Administration
or to any procurement authority acting under
the direction and control of the Administra-
tor pursuant to this act, the Administrator
is authorized in his discretion, with the con-
sent of such producer or vendor, to cause to
be conducted, in such manner as the Ad-
ministrator shall specify, such tests as he
shall prescribe to determine whether such
article or commodity conforms to prescribed
specifications and standards. When the Ad-
ministrator determines that the making of
such tests will serve predominantly the in-
terest of such producer or vendor, he shall
charge such producer or vendor a fee which
shall be fixed by the Administrator in such
amount as will recover the cost of conducting
such tests, including all components of such
cost, determined in accordance with accepted
accounting principles. When the Admin-
istrator determines that the mak,ing of such
tests will not serve predominantly the inter-
est of such producer or vendor, he shall
charge such producer or vendor such fee as
he shall determine to be reasonable for the
furnishing of such testing service. All such
fees collected by the Administrator may be
deposited in the General Supply Fund to be
used for any purpose authorized by subsec-
tion 109 (a) of this act."
SEC. 4. Paragraphs (1) and (2) of section
203 (1) of the Federal Property and Admin-
istrative Services Act of 1949 are amended to
read as follows:
"(1) Under such regulations as he may
prescribe, the Administrator is authorized in
his discretion to donate for educational pur-
poses or public health purposes, including
research, in the States, Territories, and pos-
sessions without cost (except for costs of care
and handling) such equipment, materials,
books, or other supplies under the control of
any executive agency as shall have been de-
termined to be surplus property and which
shall have been determined under paragraph
(2) or paragraph (3) of this subsection to be
usable and necessary for educational pur-
poses or public health purposes, including
research.
"(2) Determination whether such surplus
property (except surplus property donated in
conformity with paragraph (3) of this sub-
section) is usable and necessary for educa-
tional purposes or public health purposes, in-
cluding research, shall be made by the Fed-
eral Security Administrator, who shall allo-
cate such property on the basis of needs and
Utilization for transfer by the Administra-
tor of General Services to tax-supported
medical institutions, hospitals, clinics, health
centers, school systems, schools, eolleges, and
AUGUST 7
universities, and to other nonprofit medical
Institutions, hospitals, clinics, health cen-
ters, schools, colleges, and universities which
have been held exempt from taxation under
section 101 (6) of the Internal Revenue Code,
or to State departments of education or
health for distribution to such tax-supported
and nonprofit medical Institutions, hospitals,
clinics, health centers, school systems,
schools, colleges, and universities; except that
in any State where another agency is desig-
nated by State law for such purpose such
transfer shall be made to said agency for
such distribution within the State."
SEC. 5. The Federal Property and Admin-
istrative Services Act of 1949 is amended
by?
(a) redesignating section 210 thereof as
section 212, and wherever such section num-
ber appears in such act as originally enacted,
it is amended to conform to the redesigna-
tion prescribed by this subsection;
(b) inserting in the table of contents ap-
pearing in the first section of such act, imme-
diately after the line in which "Sec. 209."
appears, the following:
"Sec. 210. Operation of buildings and related
activities.
"Sec. 211. Motor vehicle identification."
(c) inserting, immediately after section
209 thereof, the following new sections:
"OPERATION OF BUILDINGS AND RELATED
ACTIVITIES
"SEC. 210. (a) Whenever and to the extent
that the Administrator has been or hereafter
may be authorized by any provision of law
other than this subsection to maintain, op-
erate, and protect any liuilding, property, or
grounds situated in or outside the District
of Columbia, including the construction, re-
pair, preservation, demolition, furnishing,
and equipment thereof, he is authorized in
the discharge of the duties so conferred upon
him?
"(1) to purchase, repair, and clean uni-
forms for civilian employees of the General
Services Administration 4tYlio are required by
law or regulation to wear uniform clothing;
"(2) to furnish arms and ammunition for
the protection force maintained by the Gen-
eral Services Administration;
"(3) to pay ground rent for buildings
owned by the United States or occupied by
Federal agencies, and to pay such rent in ad-
vance when required by law or when the
Administrator shall determine such action to
be in the public interest;
"(4) to employ and pay personnel em-
ployed in connection with the functions of
operation, maintenance, and protection of
property at such per diem rates as may be
approved by the Administrator, not exceed-
ing rates currently paid by private industry
for similar services in the place where such
services are performed;
"(5) without regard to the provisions of
section 322 of the act of June 30, 1932 (47
Stat. 412), as amended, to pay rental, and to
make repairs, alterations, and improvements
Under the terms of any lease entered into by
or transferred to, the General Services Ad-
ministrator for the housing of any Federal
agency which on June 30, 1950, was specifi-
cally exempted by law from the requirements
of said section;
"(6) to obtain payments, through ad-
vances or otherwise, for services, space, quar-
ters, maintenance, repair, or other facilities
furnished, on a reimbursable basis, to any
other Federal agency, or any mixed-owner-
ship corporation (as defined in the Gov-
ernment Corporation Control Act), or the
District of Columbia, and to credit such pay-
ments to the applicable appropriation of the
General Services Administration;
"(7) to make changes in, maintain, and
repair the pneumatic tube system connect-
ing buildings owned by the United States
or occupied by Federal agencies in New York
City installed under franchise of the city of
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1950 CONGRESSIONAL RECORD-HOUSE
New Tork, approved June 29, 1909, and June
11, 1928, and to make payments of any obli-
gations arising thereunder in accordance
with the provisions of the acts approved
August 5, 1909 (36 Stat. 120), and May 15,
1928 (45 Stat. 533);
"(8) to repair, alter, and improve rented
premises, without regard to the 25 percent
limitation of section 322 of the act of June
80, 1932 (4'7 Stat. 412), as amended, upon a
determination by the Administrator that by
reason of circumstances set forth in such
determination the execution_ of such work,
Without reference to such limitation, is ad-
vantageous to the Government in terms of
economy, efficiency, or national security. A
copy of every such determination so made
shall he furnished to the General Account-
ing Office;
"(9) to pay sums in lieu of taxes on real
property declared surplus by Government
Corporations, pursuant to the Surplus Prop-
erty Act of 1944, where legal title to such
property rendins in any such Government
Corporation;
"(10) to furnish utilities and other serv-
ices where such utilities and other services
,are not provided from other sources to per-
%toe sons, firms, or corporations occupying or
utilizing plants or portions of plants which
constitute (A) a part of the National Indus-
trial Reserve pursuant to the National In-
dustrial Reserve Act of 1948, or (B) surplus
real property, and to credit the amounts re-
ceived therefrom to the applicable appro-
? priation. of the General Services Adminis-
? tration;
"(11) at the direction of the Secretary of
Defense, to use proceeds received from in-
suranee against damage to properties of the
National Induatrial, Reserve for repair or
restoration to the damaged properties; and
"(12) to acquire, by purchase, condemna-
tion, or otherwise, real estate and interests
therein,
"(b) At the request of any Federal agency
or any mixed-ownership corporation (as de-
fined in the Government Corporation Con-
' trol Act), or the District of Columbia, the Ad-
riatlistratOr is hereby authorized to operate,
maintain, and protect any building owned
by the United States (or, in the case of any
wholly owned or mixed-ownership Govern-
Ment cerporation, by such corporation) and
occupied by the agency or instrumentality
making such request.
"(c) At the request of any Federal agency
_ or any mixed ownership corporation (as de-
fined in the Government Corporation Con-
trol Act), or the District of Columbia, the
Administrator IS hereby authorized (1) to
acqnire land for buildings and projects
authorized by the Congress; (2) to make or
cause to be ma,de, under contract or, Other-
WiSeuryeys and test borings and to Else-
liate plans anesPectflationi for Such build-
ings and projects prior, to the approval by the
Attorney General of the title to the sites
thereof; and (3) to contract for, and to super-
vise, the construction and development and
the egUipping of such buildings or projects.
Any stim available to any such Federal
? agency or instrumentality for any, such
building or project may be transferred by
such agency to the General Services Admih-
istration in advance for such purposes as
the AcLudnistrator shall determine to be
neceasgy, including the payment of salaries
and expenses of personnel engaged in the
preparation of plans and specifications or in
field supervision, and for general office ex-
penSes to be incurred in the rendition of any
vle
. 0(4-Whenever the Director of the Bureau
of the Budget shall determine such action
to be in the interest of economy or efficiency,
he shall transfer to the Administrator all
functions then, vested in any other executive
agency With respect to the operation, main-
terianCee and cUstody of any office building
owned by the United States or any wholly
owned Government corporation, or any office
building or part thereof occupied by any
executive agency under any lease, except that
no transfer shall be made under this sub-
section?
"(1) of any post-office building unless the
Director shall first determine that such
building is not used predominantly for post-
office purposes, and functions which are
transferred hereunder to the Administrator
with respect to any post-office building may
be delegated by him only to another officer
or employee of the General Services Admin-
istration or to the Postmaster General;
"(2) of any building located in any foreign
country;
"(S) of any building located on the
grounds of any fort, camp, post, arsenal, navy
yard, naval training station, air field, proving
ground, military supply depot, 'or school, or
of any similar facility of the Department of
Defense, unless and to such extent as a per-
mit for its use by another agency or agencies
shall have been issued by the Secretary of
Defense or his duly authorized representa-
tive;.
"(4) of any building which the Director of
the Bureau of the Budget finds to be a part
of a group of buildings which are (A) located
in the same vicinity, (B) utilized wholly or
predominantly for the special purposes of
the agency having custody thereof, and (C)
not generally suitable for the use of other
agencies; or
"(5) of the Treasury Building, the Bureau
of Engraving and Printing Building, the
buildings occupied by the National Bureau
of Standards, and the buildings under the
Jurisdiction of the regents of the Smith-
sonian Institution.
"(e) Notwithstanding any other provision
of law, the Administrator is authorized to
assign and reassign space of all executive
agencies ,in Government-owned, and leased
buildings in and outside the District of
Columbia upon a determination by the Ad-
ministrator that such assignment or reas-
signment is advantageous to the Government
In terms of economy, efficiency, or national
security.
"MOTOR VEHICLE IDENTIFICATION
'SEC. 211. Under regulations prescribed
by the Administrator, every motor vehicle
acquired and used for official purposes with-
in the United States, its Territories, or pos-
sessions, by any Federal agency or the Dis-
trict of Columbia shall be conspicuously
identified by showing thereon either (a) the
full name of the department, establishment,
corporation, or agency by which it is used
and the service in which it is used, or (b) a
title descriptive of the service in which it is
used if such title readily identifies the de-
partment, establishment, corporation, or
agency concerned, and the legend 'For offi-
cial use only': Provided, That the regula-
tions issued pursuant to this section may
provide for exemptions from the require-
ments of this section when conspicuous
identification would interfere with the pur-
pose for which a vehicle is acquired and
used."
SEc. 6. The Federal Property and Admin-
istrative Services Act of 1949 is amended
by?
(a) Redesignating "title V" of such act as
"title VI" thereof, and "title V", whenever it
appears therein, is amended to read "title
VI,'.
(b) Redesignating sections 501-505, inclu-
Wet of such act, respectively, as sections
601-605, inclusive, thereof, and wherever any
such section number appears in such act as
originally enacted, it is amended to con-
form in numbering to the redesignation pre-
scribed by this subsection.
(c) Inserting at the proper place in the
table of contents to such apt _the following;
12121
"TITLE V?FEDERAL RECORDS
"Sec. 501. Short title.
"Sec. 502. Custody and control of property.
'Sec. 503. National Historical Publicationa
Commission.
"Sec. 504. Federal Records Council.
"Sec. 505. Records management; the Admin-
istrator.
"Sec. 506. Records management agency heath:.
"Sec. 507. Archival administration.
"Sec. 508. Reports.
"Sec. 509. Legal status of reproductions.
"Sec. 510. Limitation on liability.
"Sec. 511. Definitions."
(d) Inserting, immediately following title
IV thereof, the following new title:
"TITLE V?FEDERAL RECORDS
? "SHORT TITLE
"Ssc. 501. This title may be cited as the
'Federal Records Act of 1950.'
"CUSTODY AND CONTROL OF PROPERTY
"SEC. 502. The Administrator shall have
immediate custody and control of the Na-
tional Archives Building and its contents,
and shall have authority to design, con-
struct, purchase, lease, maintain, operate,
protect, and improve buildings used by him
for the storage of records of Federal agen-
cies in the District of Columbia and else-
where.
"NATIONAL HISTORICAL PUBLICATIONS
COMMISSION
"SEC. 503. (a) There is hereby created a
National Historical Publications Commission
consisting of the Archivist (or an alternate
designated by him), who shall be Chairman;
the Librarian of Congress (or an alternate
designated by him); one Member of the
United States Senate to be appointed, for
a term of 4 years, by the President of the
Senate; one Member of the House of Rep-
resentatives to be appointed, for a term of 2
years, by the Speaker of the House of Repre-
sentatives; one representative of the judicial
branch of the Government to be appointed,
for a term of 4 years, by the Chief Justice
of the United States; one representative of
the Department of State to be appointed,
for a term of 4 years, by the Secretary of
State; one representative of the Department
of Defense to be appointed, for a term of
4 years, by the Secretary of Defense; two
members of the American Historical Asso-
ciation to be appointed by the council of
the said association, one of whom shall serve
an initial term of 2 years and the other an
initial term of 3 years, but their successors
shall be appointed for terms of 4 years; and
two other members outstanding in the fields
of the social or physical sciences to be ap-
pointed by the President of the United States,
one of whom shall serve an initial term of
1 year and the other an initial term of 3
years, but their successors shall be appointed
for terms of 4 years. The Commission shall
meet annually and on call of the Chairman.
"(b) Any person appointed to fill a va-
cancy in the membership of the Commis-
sion shall be appointed only for the unex-
pired term of the member whom he shall
succeed, and his appointment shall be made
in the same manner in which the appoint-
ment of his predecessor was made.
"(c) The Commission is authorized to ap-
point, without reference to the Classifica-
tion Act of 1949 (Public Law 429, 81st Cong.,
approved October 28, 1948), an execu-
tive director and such an editorial and cler-
ical staff as the Commission may determine
to be necessary. Members of the Commis-
sion who represent any branch or agency of
the Government shall serve as members of
the Commission without additional compen-
sation. All members of the Commission
shall be reimbursed for transportation ex-
penses incurred in attending meetings of the
C0mraission, and ail such members other
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CONGRESSIONAL RECORD-HOUSE
than those who represent any branch or
agency of the Government of the United
States shall receive in lieu of subsistence
ell-ratite td or from or at the place of such
service, for each day actually spent in con-
nection with the performance of their duties
as members of such Commission, such sum,
not to exceed $25, as the Commission shall
prescribe.
"(d) The Commission shall make plans,
eitimatee,.. and recommendations for such
historical works and collections of sources as
it deems appropriate for printing or other-
wise recording at the public expense. The
Commission shall also cooperate with and
encourage appropriate Federal, State, and
local agencies and nongovernmental institu-
tions, secieties, and individuals in collecting
and preserving and, when it deems such
action to be desirable, in editing and puie;-
lishing the papers of outstanding citizens of
the United States and such other 'documents
RS May be important for an understanding
and appreciation of the history of the United
States. The Chairman of the Commission
shall transmit to the Administrator from
time to time, and at least once annually,
such plans, -estimates, and recommendations
as have been approved by the Commission,
"FEDERAL RECORDS COUNCIL
"SEC. 504. The Administrator shall estab-
lish a Federal Records Council, and shall
advise and. consult with the Council with a
view to obtaining its advice and assistance
in carrying out the purposes of this title.
The Council shall include representatives of
the legislative, judicial, and executive
branches of the Government in such number
as the Administrator shall determine, ,but
such Council shall include at least four rep-
resentatives of the legislative branch, at least
? two representativeS of the judicial branch,
and at feast six representatives of the execu-
tive branch. Members of the Council repre-
senting the legislative branch shall be des-
ignated, in equal number, by the President
of the Senate and the Speaker of the House
of Representatives, respectively. Members of
the Council representing the judicial branch
shall be designated by the Chief Justice of
the United States.. The Administrator is
authorized to designate from persons named
by the head of" any executive agency con-
cerned, not more than one representative
from such agency to serve as a member of
the Council. Members of the Council shall
serve without compensation, but shall be
reimbursed for all necessary expenses ac-
tually incurred in the performance of their
? duties as members of the Council. The
? Council shall elect its chairman, and shall
meet at least once anntallY.
'RECORDS MANAGEMENT; THE ADMINISTRATOR
"Sc. 505.. (a) The Administrator shall
Make provisions for the economical and effi-
Ment management of records of Federal
agencies (I) by analyzing, developing, pro-
moting, and coordinating standards, prciced-
Urea, and techniques designed to improve
the management of records, to insure the
maintenance and security of records deemed
appropriate for preservation, and to facilitate
the segregation and disposal of records Of
temporary value, and (2) by promoting the
efficient and eConomical utilization of space,
equipment, and supplies needed for the pur-
pose of creating, maintaining, storing, and
servicing records.
?-"(b) The Administrator shall establish
standards for the selective retention of rec-
ords of continuing value, and assist Federal
agencies in apptying such standards to rec-
Ords in their custody; and he shall notify the
head of any Federal' agency of any actual,
impending, or threatened unlawful removal,
defacing, alteration, or destruction of records
In the custody of such agency that shall
come to his Attention, and assist the head of
such agency in Initiatingaction through the
Attorney General for the recovery of such
records as shall have been unlawfully re-
moved and for such other redress as may be
provided by law.
"(c) The Administrator is authorized to
inspect or survey personally or by deputy the
records of any Federal agency, as well as to
make surveys of records management and
records disposal practices in such agencies,
and shall be given, the full cooperation of
officials and employees of agencies in such
inspections and surveys: Provided, That rec-
ords, the use of which is restricted by or
pursuant to law or for reasons of national
security or the public interest, shall be in-
spected or surveyed in accordance with regu-
lations promulgated by the Administrator,
subject to the approval of the head of the
custodial agency.
"(d) The Administrator is authorized to
establish, maintain, and operate records cen-
ters for the storage, processing, and servicing
of records for Federal agencies pending their
deposit with the :National Archives of the
United States or their disposition in any
other manner authorized by law; and to
'establish, maintain, and operate centralized
microfilming services for Federal agencies.
"(e) Subject to applicable provisions of
law, the Administrator shall promulgate reg-
ulations governing the transfer of records
from the custody of one executive agency to
that of another.
"(f) The Administrator may empower any
Federal agency, upon the submission of evi-
dence of need therefor, to retain records for
a longer period than that specified in dis-
posal schedules approved by Congress, and,
in accordance with regulations promulgated
by him, may withdraw disposal authoriza-
tions covering records listed in disposal
. schedules approved by Congress.
"RECORDS MANAGEMENT; AGENCY HEADS
" "SEc. 506. (a) The head of each Federal
agency shall cause to be made and preserved
records containing adequate and proper doc-
umentation of the organization, functions,
policies, decisions, procedures, and essential
transactions of the agency and designed to
furnish the information necessary to protect
the legal and financial rights of the Govern-
ment and of persons directly affected by the
agency's activities.
"(b) The head of each Federal agency
shall establish and maintain an active, con-
tinuing prcgram for the economical and
efficient management of the records of the
agency. 'Such program shall, among other
things, provide for (1) effective- controls over
the creation, maintenance, and use of records
in the conduct of current business; (2)
cooperation with the Administrator in ap-
plying standards, procedures, and tech-
niques designed to improve the manage-
ment of records, promote the maintenance
and security of records deemed appropriate
for preservation, and facilitate the segrega-
tion and disposal of records of temporary
value; and (3) compliance with the provi-
sions of this title and the regulations issued
thereunder.
"(c) Whenever the head of a Federal
agency determines that substantial econo-
mies or increased operating efficiency can be
,effected thereby, he will provide for the
storage, processing, and servicing of records
that are appropriate therefor in a records
center maintained and operated by the Ad-
ministrator or, when approved by the Ad-
ministrator, in such a center maintained and
operated by the head of such Federal agency.
"(d) Any cfficial of the Government who
Is authorized to certify to facts on the basis
of records in his custody, is hereby author-
ized to certify to facts on the basis of records
that have been transferred by him or his
predecessors to the Administrator.
"(e) The head of each Federal agency
shall establish such safeguards against the
removal or loss of records as he shall deter-
mine to be necessary and as may be required
by regulations of the Administrator. Such
AUGUST 7
safeguards shall include making it known
to all officials and employees of the agency
(1) that no records in the custody of the
agency are to be alienated or destroyed ex-
cept in accordance with the provisions of
the act approved July 7, 1943 (57 Stat. 380-
283), as amended July 6, 1945 (59 Stat. 434),
and (2) the penalties provided by law for
the unlawful removal or destruction of
records.
"(f) The head of each Federal agency shall
notify the Administrator of any actual, im-
pending, or threatened unlawful removal,
defacing, alteration, or destruction of
records in the custody of the agency of
which he is the head that shall come to his
attention, and with the assistance of the
Administrator shall initiate action through
the Attorney General for the recovery of
records he knows or has reason to believe
have been unlawfully removed from his
agency, or from any other Federal agency
whese records have been transferred to his
le-zal custody.
"(g) Nothing in this title shall be con-
strued as limiting the authority of the Comp-
troller General of the United States with re-
spect to prescribing accounting systems,
forms, and procedures, or lessening the re-
sponsibility of collecting and disbursing of-
ficers for rendition of their accounts for
settlement by the General Accounting Office.
"ARCHIVAL ADMINISTRATION
"SEC. 507. (a) The Administrator, when-
ever it appears to him to be in the public
Interest, is hereby authorized?
"(1) to accept for deposit with the Na-
tional Archives of the United States the rec-
ords of any Federal agency or of the Con-
gress of the United States that are deter-
mined by the Archivist to have sufficient his-
torical or other value to warrant their con-
tinued preservation by the United States
Government;
"(2) to direct and effect with the approval
of the head of the originating agency (or if
the existence of such agency shall have been
terminated, then with the approval ,of his
successor in function, if any) the transfer
of records deposited (or approved for de-
posit) with the National Archives of the
United States to public or educational insti-
tutions or associations: Provided, That the
title to such records shall remain vested in
the United States unless otherwise author-
ized by Congress; and
"(3) to direct and effect the transfer of
materials from private sources authorized
to be received by the Administrator by the
provisions of subsection (e) of this section.
"(b) The Administrator shall be respon-
sible for the custody, use, and withdrawal of
records transferred to him: Provided, That
whenever any records the use of which is
subject to statutory limitations and restric-
tions are so transferred, permissive and re-
strictive statutory provisions with respect to
the examination and use of such records
applicable to the head of the agency from
which the records were transferred or to
employees of that agency shall thereafter
likewise be applicable to the Administrator,
the Archivist, and to the employees of the
General Services Administration, respec-
tively: Provided further, That whenever the
head of any agency shall specify in writing
restrictions that appear to him to be neces-
sary or desirable in the public interest, on the
use or examination of records being consid-
ered for transfer from his custody to the
Administrator, the Administrator shall im-
pose such restrictions on the records so trans-
ferred, and shall not remove or relax such
restrictions without the concurrence in writ-
ing of the head of the agency from which
the material shall have been transferred (or
if the existence of such agency shall have
been terminated, then he shall not remove
or release such restrictions without the con-
currence of his successor in function, if any,
of such agency head) : Provided, however,
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1950 CONGRESSIONAL RECORD-HOUSE
That statutory and other restrictions re-
ferred to in the provisos of this subsection
shall not remain in force or effect after the
records have been in existence for 50 years
unless the Administrator by order shall de-
termine with respect to specific bodies of rec-
ords that such restrictions shall remain in
force and effect for a longer period: And pro-
vided further, That restrictions on the use
or examination of records deposited with the
National Archives of the United States here-
tofore imposed and now in force and effect
under the terms of section 3 of the National
Archives Act, approved June 19, 1931, shall
continue in force and effect regardless of the
expiration of the tenure of office of the official
who imposed them but may be removed or
relaxed by the Administrator with the con-
currence in writing of the head of the agency
from which material has been transferred
(or if the existence of such agency shall have
been terminated, then with the concurrence
in writing of his successor in function, if
any).
"(c) The Administrator shall make provi-
sions for the preservation, arrangement, re-
pair and rehabilitation, duplication and re-
production (including microcopy publica-
tions), description, and exhfation of records
transferred to him as may be needful or ap-
propriate, including the preparation and
publication of inventories, indexes, catalogs,
and other finding aids or guides facilitating
their use; and, when approved by the Na-
tional Historical Publications Commission,
he may also publish such historical works
and collections of sources as seem appropri-
ate for printing or otherwise recording at the
ptiblic expense.
"(d) The Administrator shall make such
provisions and maintain such facilities as he
deems necessary or desirable for servicing
records in his cuStody that are not exempt
from examination by statutory provisions or
other restrictions.
"(e) The Administrator may accept for
deposit?
"(1) the personal papers and other per-
sonal historical documentary materials of the
' present President of the United States, his
successors, heads of executive departments,
and such other officials of the Government
as the President may designate, offered for
deposit under restrictions respecting their
use specified in writing by the prospective de-
positors: Provided, That restrictions so speci-
fied on such materials, or any portions there-
of, accepted by the Administrator for such
deposit shall have force and effect during
the lifetime of the depositor or for 40, period
not to exceed 25 years, whichever is longer
unless sooner terminated in writing by the
depositor or his legal heirs: And provided
further, That the Archivist deterMines that
the materials accepted for Such deposit will
have continuing historical or other values;
"(2) motion-picture films, still pictures,
arid sound recordings from private sources
that are appropriate for preservation by the
Government as evidence of its organization,
functions, policies, decisions, procedures, and
transactions.
Tide to materials so deposited under this
subsection shall pass to and vest in the
United, $tates.
"(f) The Administrator Is hereby author-
ed to make and preserve motion-picture
still pictures, and sound recordings
pertaining to and illustrative of the histori-
cal development of the United States Gov-
ernment and its activities, and to make pro-
visions for preparing, editing, tftling, scor-
ing, processing, duplicating, reproducing, ex-
hibiting, and releasing f or nonprofit edu-
cational purposes, motion-picture films, still
pictures, and sound recordings in his custody.
"REPORTS
"Szc. 508. (a) The Administrator is hereby
authorized whenever he deems it necessary
to obtain reports from Federal agencies on
their activities under the provisions of this
title and the act approved July 7, 1943 (57
Stat. 380-383), as amended July 6, 1945 (59
Stat. 434).
"(b) The Administrator shall, whenever
he finds that any provisions of this title
have been or are being violated, inform in
writing the head of the agency concerned
of such violations and make recommenda-
tions regarding means of correcting them.
Unless corrective measures satisfactory to
the Administrator are inaugurated within
a reasonable time, the Administrator shall
submit a written report thereon to the Presi-
dent and the Congress.
"LEGAL STATITS OP REPRODUCTIONS
"Sm. 509. (a) Whenever any records that
are required by statute to be retained in-
definitely have been reproduced by photo-
graphic, microphotographic, or other proc-
esses, in accordance with standards estab-
lished by the Administrator, the indefinite
retention of such photographic, microphoto-
graphic, or other reproductions will be
deemed to constitute compliance with the
statutory requirement for the indefinite re-
tention of such original records. Such re-
productions, as well as reproductions made
In compliance with regulations promulgated
to carry out this title, shall have the same
legal status as the originals thereof.
"(b) There shall be an official seal for the
National Archives of the United States which
shall be judicially noticed. When any copy
or reproduction, furnished under the terms
hereof, is authenticated by such official seal
and certified by the Administrator, such copy
or reproduction shall be admitted in evi-
dence equally with the original from which
it was made.
"(c) The Administrator may charge a fee
not in excess of 10 percent above the costs
or expenses for making or authenticating
copies or reproductions of materials trans-
ferred to his custody. All such fees shall be
paid into, administered, and expended as
a part of the National Archives Trust Fund
provided for in section 5 of the act approved
July 9, 1941. There shall be no charge for
making or authenticating copies or repro-
ductions of such materials for official use by
the United States Government: Provided,
That reimbursement may be accepted to
cover the cost of furnishing such copies or
reproductions that could not otherwise be
furnished.
"LIMITATION ON LIABILITIES --
"SEC. 510. With respect to letters and other
Intellectual productions .(exclusive of ma-
terial copyrighted or patented) after they
come into the custody or possession of the
Administrator, neither the United States nor_
its agents shall be liable for any infringe-
ment of literary property rights or analo-
gous rights arising thereafter out of use of
such materials for display, inspection, re-
search, reproduction, or other purposes.
"DEFINITIONS
"SEC. 511. When used in this title?
"(a) The term 'records' shall have the
meaning given to such term by section 1 of
the act entitled 'An act to provide for the
disposal of certain records of the United
States Government,' approved July 7, 1943
(57 Stat. .380, as amended; 44 U. S. C. 366);
"(b) The term 'record center' means an
establishment maintained by the Adminis-
trator or by a Federal agency primarily for
the storage, servicing, security, and proc-
essing of records that must be preserved for
varying periods of time and need not be
retained in office equipment and space;
'(c) The term 'servicing' means making
available for use information in records and
other materials in the custody of the Ad-
ministrator?
"(1) by furnishing such records or other
materials, or information from such records
or other materials, or copies or reproduc-
12123
tons thereof to agencies of the Government
for official use and to the public; and
"(2) by making and furnishing authenti-
cated pr unauthenticated copies or reproduc-
tions of such records and other materials;
"(d) The term 'National Archives of the
United States' means those official records
that have been determined by the Archivist
to have sufficient historical or other value to
warrant their continued preservation by the
United States Government, and have been
accepted by the Administrator for deposit in
his custody;
"(e) Th' term 'unauthenticated copies'
means exact copies or reproductions of rec-
ords or other materials that are not certified
as such under seal and that need not be
legally accepted as evidence; and
"(f) The term 'Archivist' means the Archi-
vist of the United States."
SEC. 7. The Federal Property and Admin-
istrative Services Act of 1949 is further
amended by?
(a) striking out the word "and" preceding
"(2)" in subsection (d) of section 3 thereof;
substituting a semicolon for the period at
the end of said subsection; and adding at
the end of such subsection the following:
"and (3) records of the Federal Govern-
ment";
(b) striking out, in section 208 (a) thereof,
the expression "and V" and inserting in lieu
thereof the expression "V, and VI";
(c) striking out, in section 208 (b) thereof,
the expression "and V" and inserting in lieu
thereof the expression "V, and VI";
(d) striking out the word "and" at the
end of paragraph (30) of section 602 (a);
striking out the period at the end of para-
graph (31) of section 602 (a) and inserting
In lieu thereof a semicolon; and adding at
the end of section 602 (a) the following new
paragraphs:
"(32) the act entitled 'An act to estab-
lish a National Archives of the United States
Government, and for other purposes,' ap-
proved June 19, 1934 (48 Stat. 1122-1124, as
amended; 44 U. S. C. 300, 300a, 300c-k);
and
"(33) section 4 of the act of February 3,
1905 (33 Stat. 687, as amended; 5 U. S. C.
77)."
(e) amending subsections 602 (b) and (c)
thereof to read as follows:
"(b) There are hereby superseded?
"(1) the provisions ?of the first, third, and
fifth paragraphs of section 1 of Executive
Order No. 6166 of June 10, 1933, insofar as
they relate to any function now adminis-
tered by the Bureau of Federal Supply except
functions with respect to standard contract
forms; and
"(2) sections 2 and 4 of the act entitled
'An act to provide for the disposal of cer-
tain records of the United States Govern-
ment,' approved July 7, 1943 (57 Stat. 381,
as amended; 44 U. S. C. 367 and 369) , to the
extent that the provisions thereof are incon-
sistent with the provisions of title V of
this act.
"(c) The authority conferred by this act
shall be in addition and paramount to any
authority conferred by any other law and
shall not be subject to the provisions of any
law inconsistent herewith, except that sec-
tions 205 (b) and 206 (c) of this act shall
not be applicable to any Government cor-
poration or agency which is subject to the
Government Corporation Control Act (59
Stat. 597; 31 U. S. C. 841)."
(1) amending paragraphs (17) , (18), and
(19) of section 602 (d) thereof to read as
follows:
"(17) the Central Intelligence Agency;
"(18) the Joint Committee on Printing,
under the act entitled 'An act providing for
the public printing and binding and the dis-
tribution of public documents', approved
January 12, 1895 (23 Stat. 601), as amended,
o- any other act; or
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12124 CONGRESSIONAt RECORD-HOUSE AUG:6ST 7
"(19) for such period of time as the Pres-
ident may specify, any other authority of any
executive agency which the President de-
termines within 1 year after the effective
date of this act should, in the public-inter-
est, stand unimpaired by this act."
(g) striking out the period at the end of
section 693 (a) thereof and inserting in lieu
thereof a common and the following: "in-
cluding payment in advance, when author-
ized by the Administrator, for library mem-
berships in societies whose publications are
, available to members only, or to members
at a price lower than that chasged to the
general public."
SEC. 8. (a) Subsection 3 (b) of the Fed-
eral Property and Administrative Services
Act of 1949 is amended to read as follows:
"(b) The term 'Federal agency' means
any executive agency or any establishment
in the legislative or judicial branch of the
Government (except the Senate, the House
of Representatives, and the Architect of the
Capitol and any activities under his di-
rection)."
(b) Section 201 (b) of the Federal Prop-
erty and Administrative Services Act of 1949
Is amended by striking out the expression
"or the Senate, or the House of Representa-
tives,".
(c) Section 602 of the Federal Property
and Administrative Services Act of 1949 is
amended by redesignating subsection (e)
thereof as subsection (f), and inserting, im-
mediately after subsection (d) thereof, the
following new subsection:
"(e) No provision of this act as originally
enacted or as subsequently amended shall
apply to the Senate or the House of Repre-
sentatives (including the Architect of the
Capitol and any building, activity, or func-
tion under his direction), but any of the
services and facilities authorized by this act
to be rendered or furnished shall, as far as
practicable, be made available to the Senate,
the House of Representatives, or the Arch-
itect of the Capitol, upon their request, If
payment would be required for the rendi-
tion or furnishing of a similar service or
facility to an executive agency, payment
therefor shall be made by the recipient there-
of, upon presentation of proper vouchers,
In advance or by reimbursement (as may
be agreed upon by the Administrator and
the officer or body making such request).
Such payment may be credited to the ap-
plicable appropriation of the executive
agency receiving such payment. Notwith-
standing the provisions of this subsection,
subsection 210 (b) and subsection 210 (c) of
this act shall not apply to any building, pro-
ject or grounds, or to any activity, hereto-
fore placed under the Architect of the Capi-
tol by any provision of law."
SEC. 9. The Federal Property and Admin-
istrative Services Act of 1949, section 205
(h), is hereby amended by striking out the
last word of the sentence "title" and insert-
ing in lieu thereof the word "Act".
SEC. 10. (a) Whenever any contract made
on behalf of the Government by the head,
of any Federal agency, or by officers author-,
ized by him so to do, includes a provision.
for liquidated damages for delay, the Camp-
trailer General upon recommendation of
such head is authorized and empowered to
remit the whole or any part of such dam-
ages as in his discretion may be just and
equitable.
(b) Section 306 of the Federal Property
and Administrative Services Act of 1949, is
hereby repealed, and this section shall be
effective as of July 1, 1949.
SEC. 11. All laws or parts of laws in con.
, Met with the provisions of this act or with
any a.:::?_c--.dment made thereby are, to the
extent of such conflict, hereby repealed.
Mr. HOLIFIELD. Mr. Speaker, I offer
an amendment.
The Clerk read as follows:
Amendment offered by Mr. HOLIE1ELD:
Strike out all after the enacting clause, and
Insert in lieu thereof the provisions of the
bill H. R. 9129.
The amendment was agreed to.
The bill was ordered to be read a third
time, was read the third time, and passed,
and a motion to reconsider was laid on
the table.
By unanimous consent the proceedings
whereby the bill H. R. 9129 was passed
were vacated, and that bill laid on the
table.
GENERAL LEAVE TO EXTEND REMARKS
Mr. DAWSON. Mr. Speaker, I ask
unanimous consent that all Members
may have five legislative days in which
to revise and extend their remarks on the
bill just passed.
The SPEAKER. Without objection, it
Is so ordered.
There was no objection.
EXTENSION OF REMARKS
Mr. SHAFER asked and was given per-
mission to extend his remarks in four
Instances and include extraneous matter.
Mr. WOLVERT()N asked and was
given permission to extend his remarks
and include an address by Frank Wilbur
Main.
Mr. HAGEN asked and was given per-
mission to revise and extend the remarks
he made on the disaster-relief bill and
include a statement compiled by the
American Red Cross of its jurisdiction
.and work for the last 29 years, also refer-
ence to the 128 separate acts of Congress
pertaining to aid because of disasters in
this country, also a statement from the
highway commissioner of Minnesota
showing the damage done in the counties
in the district of Minnesota represented
by Mr. HAGEN.
Mr. CASE of South Dakota asked and
was given permission to extend his re-
marks and include a statement on the
Govbrtiment's scientific policy.
Mr. JUDD asked and was given Per-
mission to extend his remarks in two
instances and include in each an
editorial.
Mr. WILSON of Oklahoma asked and
was given permission to extend his re-
marks in the RECORD and include an edi-
torial appearing in the Enid Morning
News under date of August 4, entitled
"The War Takes On New Meaning in
Northwest Oklahoma."
Mr. PLUMLEY (at the request of Mr.
HALLEcic) was given permission to ex-
tend his remarks in the RECORD and in-
clude certain extraneous matter.
LEAVE OF ABSENCE
By unanimous consent, leave of ab-
sence was granted as follows:
To Mr. SHELLEY (at the request of
Mr. HAVENNER) for Monday, August 7,
on account of illness.
To Mr. HARRISON (at the request
of Mr. Swam of Virginia) for Monday,
August 7, 1950, on account of official
business.
To Mr. Hum D. SCOTT, JR. (at the
request of Mr. GRAHAM) for 1 month, on
account of Government business.
To Mr. MAGEE, for August 7 through
August 15, on account of official business.
ENROLLED BILLS SIGNED
Mrs. NORTON, from the Committee
on House Administration, reported that
that committee had examined and found
truly enrolled a bill of the House of the
following title, which was thereupon
signed by the Speaker:
H. R. 6454. An act to authorize the ap-
pointment of two additional district judges
for the northern district of Illinois.
The SPEAKER announced his signa-
ture to enrolled bills of the Senate of the
following titles:
S.2018. An act to authorize advancement
to and the reimbursement of certain agen-
cies of the Treasury Department for services
performed for other Government agencies,
and for other purposes; and
S. 2128. An act to provide for the cancel-
lation of certain licenses granted to the Gov-
ernment by private holders Of patents and
rights thereunder.
ADJOURNMENT
Mr. BUCHANAN. Mr. Speaker, I
move that the House do now adjourn.
The motion was agreed to; accordingly
(at 4 o'clock and 29 minutes p. in.) the
House adjourned until tomorrow, Tues-
day, August 8, 1950, at 12 o'clock noon.
EXECUTIVE COMMUNICATIONS, ETC.
1622. Under clause 2 of rule XXIV, a
letter from the executive secretary,
National Munitions Control Board,
transmitting the semiannual report pre-
pared by the National Munitions Control
Board in accordance with the provisions
of subsection (h), section 12, of the Neu-
trality Act of 1939 (Public Res. No. 54,
76th Cong.), was taken from the
Speaker's table and referred to the com-
mittee on Foreign Affairs.
REPORTS OF COMMITTEES ON PUBLIC
BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of
committees were delivered to the Clerk
for printing and reference to the proper
calendar, as follows:
Mr. ALBERT: Committee of conference.
House Joint Resolution 21. Joint resolution
to provide for the utilization of a part of the
unfinished portion of the historical frieze
in the rotunda of the Capitol to portray the ?
story of aviation; without amendment (Rept.
No. 2808). Ordered to be printed.
Mr. BECKWORTH: Committee on Inter-
state and Foreign Commerce. S. 456. An act
to authorize the construction, protection,
operation, and maintenance of a public air-
port in or in the vicinity of the District
of Columbia; with amendment (Rept. No.
2809). Referred to the Committee of ttlip
Whole House on the State of the Union.
Mr. BARDEN: Committee on Education
and Labor. S. 2317. An act to authorize
grants to the States for surveying their need
for elementary and secondary school facili-
ties and for planning State-wide programs
of school construction; and to authorize
grants for emergency school construction to
school districts overburdened with enroll-
ments resulting from defense and other Fed-
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