AMENDING THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000040014-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 47
• Document Creation Date: December 9, 2016
• Document Release Date: November 28, 2000
• Sequence Number: 14
• Publication Date: July 26, 1950
• Content Type: REGULATION

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Union Calendar No. 973
SIsT CONGRESS HOUSE OF REPRESENTATIVES I REPORT
Ld Session No. 2747
AMENDING THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1949
Jui,Y 26, 1950.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. DAWSON, from the Committee on Expenditures in the Executive
Departments, submitted the following
REPORT
The Committee on Expenditures in the Executive Departments,
to whom was referred the bill (I-I. R. 9129) to amend the Federal
Property and Administrative Services Act of 1949, and for other pur-
poses, having considered the same, report favorably thereon with
amendments and recommend that the bill do pass.
The amendments are as follows:
Page 1, line 8, after the word "Printer", insert a comma.
Page 1, line 9, after the word "issue", insert 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 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, altera-
tions, or improvements.
Page 14, line 18, after the word "appointed", insert "by the".
Page 15, line 25, strike "Administrator" and insert "Commission".
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.
Pag'e* 17, line 4, after the word "Representatives", strike out the
period and insert ", respectively."
Pale 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 "Government", strike the quotation
and semicolon and insert "."; "
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Page 31, line 7, after "1124", strike the semicolon.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 "Administrative", insert "Services".
Page 35, line 2, after "1949", insert a comma.
Page 35, line 2, after the word "repealed", insert a comma,
GENERAL STATEMENT
The primary objective of H. R. 9129 is to round out existing
authority of the General Services Administration in the field of
,Government records management. It accords with specific recom-
mendations of the Commission on Organization of the Executive
Branch of the Government. The proposed legislation is designed to Am
cut down the cost and quantity of Government paper work.
This measure also incorporates certain clarifying and technical
+axinendments 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 management is made plain by the findings and recommenda-
tions of the Commission 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 offices
throughout the country, the magnitude of the files problem is readily
apparent. 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- A_-
inton area.
Each day sees large additions of material to the present tremendous
accumulation of Government files.
Seven to ten carloads of paper stock arrive daily at the Government
Printing Office. In large part, this paper is prepared for the require-
ments of the various Governmental agencies. Federal agencies use an
estimated -100,000 forms; 80 to 95 percent are specific agency forms;
the remaining 5 to 20 percent are standard forms. Clearly this field
offers a vast opportunity for standardization.
To add to the output of forms of the Government Printing Office,
80Q,000 Government typewriters daily produce myriads of letters; the
mimoegraphs, multigraphs, and other machines make millions of
copies of Government documents, 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 the Veterans' Administration. That agency has 20,000,000 in-
dividual file cases or folders. If one sheet of paper were to be added
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 3
%r/
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 required merely to add one sheet of paper to each veteran's
folder.
A number of agencies besides the Veterans' Administration have
individual cases that run into the millions.
After World War II, the President in recognition of the need to
establish a Government-wide records program, issued Executive Order
No. 9784 on September 25, 1946. This Executive order required that
the head of each agency establish and maintain an active and con-
tinuing program for the successful management and disposition of its
records. In 1948, the Commission on Organization Task Force on
Records Management, in studying and surveying the records manage-
ment problem of the entire Government, urged in substance the
following recommendations: (1) creation of a central staff and service
agency with responsibility for leadership in the field of records manage-
ment; (2) enactment of a new Federal records management law to
provide for the more successful preservation, management, and
disposal of Government records; and (3) establishment of an adequate
records management program in each department and agency.
The Commission on Organization in its report to the Congress in
1949, approved the views of its task force. Thereafter, Congress
enacted the Federal Property and Administrative Services Act, which
established the General Services Administration and transferred to it,
among other things, the National Archives Establishment and
authorized the Administrator to make surveys of Government records
and records management activities and to obtain reports thereon.
This bill fully implements the recommendations of the Commission
on Organization of the Executive Branch of the Government by
defining the responsibilities of the Administrator in the field of records
management and by specifically authorizing him to establish and
operate records centers. It also requires the head of each Federal
agency to establish and maintain an active, continuing program for
the economical and efficient management of the agency's records and
to cause to be made. and kept adequate records of the functioning
and transactions of the agency-a requirement that heretofore, except
in specific cases, has been lacking in the Federal statutes.
The Administrator, under the proposed legislation, could, by the
issuance of regulations, guide all Federal agencies in inaugurating or
extending existing programs for reducing the cost of maintaining the
tremendous quantity of records now in existence and being created by
the Federal. Government. This problem of the quantity of records
requires action on at least two fronts: (1) the prompt and orderly
disposal of records of temporary usefulness and (2) the transfer of
records that need not be retained in office space and equipment to less
costly records-space and storage equipment.
The first three sections of the proposed legislation deal with amend-
ments to section 1.09 of the Federal Property and Administrative
Services Act of 1949 relating to the General Supply Fund. The
amendments, among other things, provide for the elimination of the
surcharge, as recommended by the Commission on Organization of
the Executive Branch of the Government with respect to supply
activities. There is also added a new subsection (g) which authorizes
the Administrator to charge vendors and producers of commodities
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4 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
testin fees which, in turn, would result in the establishment of a
qualified products list.
Section 4 authorizes the Administrator to make donations of surplus
pproperty for public health purposes. Under Public Law 152, Eighty-
first Con ress, the Administrator is authorized to make donations of
such surplas property to educational institutions. In the case of real
property, the Administrator now can make donations for both educa-
tional and health purposes. The effect of the provision in section 4
is to place education and public health on a par with respect to the
donations of surplus personal property.
Section 5 of the proposed legislation incorporates into the Federal
Property and Administrate Services Act of 1949 certain substantive
provisions of law which in the past have been included in annual
appropriation acts relating to the maintenance, operation, and protec-
tion of public buildings, property or grounds situated in or outside
the District of Columbia, and including the construction, repair, pres-
ervation, furnishing, and equipment thereof. For some time the
Congress and the Bureau of the Budget have advocated a program for
all agencies to incorporate into substantive law provisions which have
been carried in annual appropriation acts.
Section 5 also includes a provision entitled "Motor Vehicle Identi-
fication." The purpose of the provision is to extend to the field
service of Federal agencies the requirement for identification of motor
vehicles acquired and used for official purposes. Under present law
(sec. 4 of the act of February 3, 1905, 33 Stat. 687, as amended by
the act of August 2, 1946, 60 Stat. 811; 5 U. S. C. 77) identification is
required only for those vehicles acquired and used for official purposes
in the departmental service in the District of Columbia. Various
agencies and departments now require identification by administra-
tive regulations, but such regulations are neither uniform 'nor com-
plete in application. This section would authorize the Administrator
to issue regulations requiring identification of all motor vehicles
acquired and used for official purposes within the United States and
its Territories and possessions by any Federal agency. Exemption
from the requirements of this section could be provided for in such
regulations when conspicuous identification of a vehicle would inter-
fere with the purposes for which it is used, such as in the case of the
Central Intelligence Agency, the Federal Bureau of Investigation,
reasury enforcement officers, and Immigration border control.
Section 6 of the proposed legislation amends the Federal Property
land Administrative Services Act of 1949 by inserting a new title,
namely, title V, Federal Records. The provisions of title 5 with
'-.respect to records matters fall into four general categories, namely:
(1) those in the nature cf perfecting amendments required to insert the
new title in the Federal Property and Administrative Services Act of
1949; (2) those designed to provide a permanent statutory charter for
activities now authorized by language appearing in annual appropria-
tion acts; (3) those necessary to retain desirable provisions of existing
law in their original, or rmended form; and (4) those providing now
authority with respect to records management and archival ad-
ministration.
The proposed legislation provides for continuing the National
HistQrical Publications Commission with a different and enlarged
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membership and with some extension of duties. Provision is also
made for a small staff to be appointed by the Commission.
It provides for the establishment of a Federal Records Council
as an advisory body to the Administrator, its membership to be
drawn from the legislative, judicial, and executive branches of the
Government.
The remainder of section 6 continues in effect desirable provisions
of existing law with respect to archival administration; authorizes the
Administrator to exercise staff and coordinating functions with respect
to records management, including the establishment of records centers;
and requires Federal agencies to make proper provision with respect
to the creation, maintenance, and disposal of records.
While the essential recommendations of the Commission on Organ-
ization of the Executive Branch of the Government with respect to
the performance of staff functions and the coordination of records
management programs in Federal agencies by the Administrator are
implemented by the provisions of the bill, the individual agency is not
divested of functions in which it has the primary interest and for
which it should have primary responsibility. It is well to emphasize
that records come into existence, or should do so, not in order to
fill filing cabinets or occupy floor space, or even to satisfy the archival
interests of this and future generations, but essentially to serve the
administrative and executive purposes of the Government organization
which creates them. There is danger that this simple, self-evident
fact may be lost for lack of emphasis. The measure of effective
records management should be its usefulness to the executives responsi-
ble for accomplishing the substantive purposes of the Government
organization.
The value of records centers in reducing the cost of maintaining
records has been amply demonstrated by the experience of the De-
partment of Defense and several business corporations. Records
centers utilize space and equipment less costly than that required in
office operations and, in addition, they provide a control that facilitates
the disposal of material no longer needed. It is estimated conserva-
tively that of the 20,000,000 cubic feet of records in existence, at least
2,000,000 cubic feet not now in records centers should be transferred
to such facilities. Your committee is of the opinion that the authority
given the Administrator to establish, maintain, and operate records
centers will result in an annual saving of several million dollars.
The Citizens Committee for the Hoover Report has given strong
endorsement to this legislation. In communications to your com-
mittee the Citizens Committee has stated :
The bill now being presented to the Congress by your committee, if acted upon
favorably by the Congress, will represent a 100-percent adoption of the letter as
well as the spirit of the Hoover Commission's recommendations in the important
field of Federal Records Management.
Mr. Emmett J. Leahy, who was the Director of the Hoover Com-
mission's Task Force on Records Management, has added his un-
qualified endorsement of this measure.
These letters of approval, together with communications from the
Bureau of the Budget and the Comptroller General of the United
States urging favorable consideration of H. R. 9129, are carried in
this report.
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FEDERAL PROPE`RTYAND ADMINISTRATIVE SERVICES ACT
CONCLUSIONS
Your committee has given careful study to the proposed legislation
and is unanimous in urging its enactment. The Citizens' Committee
for the Hoover Report, experts in records management, and the
Bureau of the Budget, the Comptroller General of the United States,
and the General Services Administrator are all in full accord as to the
need and importance of this measure.
H. R. 9129 will result in a more orderly an:l efficient administration
of the records of Federal agencies and will facilitate the performance
by the Administrator of his functions with respect to supply and
building management activities. It is evident that substantial
economies will be effected by the enactment of H. R. 9129.
SECTION-BY-SECTION ANALYSIS OF II. R. 9129, JULY 17, 1950
Section 1 modifies section 109 (a) of the Federal Property and
Administrative Services Act of 1949, by enlarging the availability
of the general supply fund to provide for the purchase from or through
the Public Printer for warehouse issue of standard forms, blank-book
work, standard specifications, and other printed materials not avail-
able through the Superintendent of Documents and generally used
by a n'uujber.of, Federal agencies.
i,,Section 2 (a) modifies section 109 (a) by substantially elimi-
nating the surcharge on general supply fund transactions and pro-
vides for charging requisitioning agencies only with the purchase
price, transportation to the first storage point of supplies and services,
and direct labor costs for the repair, rehabilitation, and conversion of
personal property.
Section 2 (b) constitutes a modification of section 109 (b) and
fixes the applicable standard for pricing general supply fund com-
modities based upon the purchase price, initial freight expense,
inventory losses, personal services employed directly in repair,
rehabilitation, and conversion, and amortization and repair of equip-
ment leased or rented to executive agencies.
Section 2 (c): The amendments provided for under sections 2 (a)
and 2 (b) above will be effective only when the Administrator de-
termines that adequate appropriations are available to carry out the
purpose of such amendments.
Section 3 (a) : Section 109 (b) is modified to provide for the reim-
bursement to the General Services Administration, where an advance
of funds is not made, out of funds of the requisitioning agency in
accordance with accounting procedures approved by the Comptroller
General rather than, as is provided by existing law, on vouchers
prepared by the requisitioning agency on the basis of itemized invoices
submitted by the, Administrator and receiving reports evidencing the
delivery to the requisitioning agency of such supplies or services. The
section is further modified so that where the requisitioning agency
shall not have made payment 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 him by the issuance of
transfer and counter-warrants or other lawful transfer documents
supported by itemized invoices. The present law does not include
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FEDERAL PROP R~f~LWMQ@00000014-4
reference to the date on which an actual liability for supplies or services
is incurred by the Administrator, or to other lawful transfer documents.
Section 3 (b) adds to the Federal Property and Administrative
Services Act of 1949 this subsection (g) authorizing the establishment
of a testing charge to be paid by prospective vendors to cover all costs
in connection with the testing of such commodities. Such testing fees
would be covered into the General Supply Fund and expended directly
therefrom without appropriation. The committee expects these tests
to be predicated mainly on performance standards generally accepted
by private enterprise so that small business will have a greater
opportunity to sell their products to the Government.
Section 4 modifies section 203 (j) of the Federal Property and Ad-
ministrative Services Act of 1949 by providing that the Administrator
is authorized in his discretion to donate without cost surplus equip-
ment, materials, books, or other supplies for public health purposes,
including research, in addition to educational purposes as presently
provided for.
Section 5 provides for the redesignation of section 210 of the act as
section 212 and the insertion. immediately after section 209 of new
sections numbered 210 and 211.
Section 210 (a) is intended primarily to incorporate into the Federal
Property and Administrative Services Act of 1949 certain substantive
provisions of law which for many years past have been included in
annual appropriation acts relating to the maintenance, operation, and
protection of public buildings, property, or grounds situated in or
outside the District of Columbia, including the construction, repair,
preservation, furnishing, and equipment thereof. It is part of an
over-all program conducted by the General Accounting Office and the
Bureau of the Budget at the instance of the House Appropriations
Committee to remove from appropriation acts certain limitations and
other substantive legislation.
. Specifically, subsection 1 of section 210 (a) authorizes the purchase,
repair, and cleaning of uniforms for civilian employees of the General
Services Administration who are required by law or regulations to
wear uniform clothing. Substantially similar authority has been
included in the Independent Offices Appropriation Act each year
since 1928.
Subsection 2 authorizes the furnishing of arms and ammunition for
the protection force maintained by General Services Administration.
This authority has also been contained in the Independent Offices
Appropriation Acts for many years.
Subsection 3 authorizes the payment of ground rent for buildings
owned by the United States or occupied by Federal agencies and per-
mits the payment of such rent in advance when required by law or
when the Administrator determines such action to be in the public
interest. Somewhat similar authority has been included in the past
in the Independent Offices Appropriation Acts with respect to the
payment of ground rent in advance at specific locations. One of
these involved the payment of ground rent to an Indian tribe where a
treaty with the United States required the payment of such rent in
advance. The broadened authority contained in subsection 3 will
enable the Administrator to take advantage of any offered economics
which may be effected through the payment of rent in advance rather
than at the end of each rental period.
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~S FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Subsection 4 relates to the payment of per diem rates to personnel
employed in connection with the functions of operation, maintenance
and protection of property. Such rates may not exceed rates cur-
rently paid by private industry for similar services in the place where
such services are performed. As in the preceding subsections,
substantially similar authority has been included in the annual Inde-
pendent Offices Appropriation Acts. This subsection is intended
primarily to meet emergency situations where it is necessary to have
personnel for brief periods of time to repair damage, or to perform
other work, where the exigencies of the situation will not permit
resort to the Civil Service Commission registers or to the performance
of the work by contract.
Subsection 5 exempts from the 15 percent rental provision and the
25 percent alteration, repair and improvement limitation imposed by
section 322 of the act of June 30, 1932, commonly known as the
Economy Act, leases entered into by or transferred to the General
Services Administration for the housing of any Federal agency which,
on June 30, 1950, was specifically exempted by law from the require-
ments of such section. An example of such leases are those entered
into by the Veterans' Administration which, under a specific act,
were prior to July 1, 1950, exempted from such requirements. Under
Reorganization Plan 18, some of these leases have been transferred to
General Services Administration. The additional authority contained
in subsection 5 is necessary, therefore to preserve the status quo and
to permit operations under the leases which, in a number of instances
are more advantageous to the Government than would be new leases
made subject to the requirements of the Economy Act.
Subsection 6 authorizes the General Services Administration to
obtain payment, through advances or otherwise, for services, space,
quarters, maintenance, repair, or other facilities furnished on a reim-
bursable basis to any other Federal agency or any mixed-ownership
corporation or the District of Columbia and to credit such payments
to the applicable appropriations of the General Services Administra-
tion. As in the preceding subsections, substantially the same author-
ity has been contained in Independent Offices Appropriation acts,
for prior years. Subsection 6 broadens the authority to include any
wholly owned or mixed-ownership corporation. Frequently, when
requested to perform such services or to render other assistance pro-
vided for in the subsection, General Services Administration does not
have funds available for the purpose but the requesting agency does.
Therefore, the authority is necessary in order that the General Services
Administration may perform the function. Thereafter, if the assist-
ance requested is_of a continuing nature, the General Services Admin-
istration requests that the necessary funds be included in its budget.
In subsection 7 provision is made for the maintenance, repair, and
the payment of any obligations arising in connection with the pneu-
matic, tube system connecting buildings owned by the United States
or occupied by Federal agencies in New York City. As in the preced-
a subsections, substantially similar authority has been included in
annual appropriation acts for many years. Under the franchises
Pursuant to which the system was installed and under which it is
maintained, operated and extended there are certain obligations on
the part of the Government. Since this system is essential to govern-
mental activities in New York City and will continue to be necessary,
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 9
it is desirable that its operation, maintenance, and extension pursuant
to the franchises be sanctioned by permanent law.
Subsection 8 is new insofar as General Services Administration is
concerned but is essential to enable the Administration to utilize to
the fullest extent leased premises. It would exempt from the 25-
percent limitation of section 322 of the act of June 30, 1932,
commonly known as the Economy Act, as amended, the repair,
alteration, and improvement of rented premises where the Adminis-
trator determines that the execution of such work, without reference
to such limitation, is advantageous to the Government in terms of
economy, efficiency, or national security. It is believed that the sec-
tion will promote economies and security and that it is surrounded
by sufficient safeguards to prevent its abuse.
Subsection 9 authorizes the payment of sums in lieu of taxes on
real property declared surplus by Government corporations pursuant
to the Surplus Property Act of 1944, where legal title to such property
K~ remains in any such Government corporation. As in the case of
many of the preceding subsections, substantially similar authority
exists in appropriation acts relating to the former War Assets Admin-
istration, the functions of which are now vested in the General Services
Administration. When real property owned by a Government cor-
poration, such as RFC, is declared surplus legal title remains in the
corporation unless it is conveyed to the United States or sold to out-
side interests. It has been the practice in the past for Government
corporations to pay sums in lieu of taxes on real property, title to
which rests in them as distinguished from the United States. It is
believed advisable to continue this authority insofar as the inventory
of property declared surplus under the provisions of the Surplus
Property Act of 1944 is concerned at least until such time as title to
the property vests in the United States. It should be pointed out
that this authority applies only to real property declared surplus
under the Surplus Property Act of 1944, which with certain inappli-
cable provisions, was repealed effective as of June 30, 1949. This
means that the authority would not extend to any properties declared
excess or surplus on or after July 1, 1949.
Subsection 10 is another reenactment of substantive law now ap-
~we pearing in appropriation acts. It authorizes the Administrator to
furnish utilities and other services to persons, firms, or corporations
occupying or utilizing plants or ortions of plants which constitute
a part of the national industrialp reserve pursuant to the National
Industrial Reserve Act of 1948 or other surplus real property. These
plants usually are very large and subject to the national security
clause. They usually contain such features as a central heating plant
and soietimes have their own facilities for furnishing electric power.
They also sometimes have their own sewage and water facilities. In
a number of instances they are leased on the basis of multiple occu-
pancy. For this reason, it is frequently impracticable to have the
individual tenants install their own utility services. It is therefore
often to the advantage of the Government, from the standpoint of
increased revenue or from the benefits to be secured in the way of
maintenance and protection, to have the Government furnish the
utility service on a reimbursable basis. The National Industrial Re-
serve Act of 1948 apparently contemplates that the program author-
ized thereby will be as self-sustaining as possible, thereby limiting
}I, Rep t. 2747, 81-2--2
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10 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
the appropriations which the Congress is required to make. Sub-
stantially similar authority to that contained in (A) is presently em-
braced in annual appropriation acts as is the proviso of (B) permitting
the crediting of the amounts received in payment for such utilities
to the a~~ pplicable appropriation of the General Services Administra-
tion. Tlils subsection will not permit the Government to compete
with private enterprise in communication or other utility services
because the authority may not be exercised where the services are
actually being provided by private suppliers.
Subsection 11 permits the Secretary of Defense to direct the use
of proceeds received by the United States from insurance against
damage to properties in the National Industrial Reserve, for the
repair or restoration of the damaged properties. Frequently plants
in the National Industrial Reserve are leased with the requirement
that certain types of insurance be maintained by the, lessee for the
benefit of the United States. As previously stated it is believed that
the Congress in enacting the National Industrial Reserve Act of 1948
intended that the program authorized thereby should be as self-
sustaining as possible. However, the Comptroller General has ruled
otherwise with respect to insurance proceeds and at the present time
proceeds are being deposited into the Treasury as miscellaneous
receipts and are, therefore, unavailable for the repair of damage.
It is believed to be to the advantage of the Government to have the
proceeds of such insurance available for restoration of damage.
Subsection 12 is not new and may be found in a more limited form
in other permanent legislation. It is believed advisable to broaden
and more clearly define the authority of the Administrator to acquire
land or interest therein when authorized by subsequent acts of the
Congress. It will help in obtaining more effective utilization of plants
in the National Industrial Reserve and other surplus industrial
facilities.
. Section 210 (b) may be considered as an extension of the provisions
of the Economy Act of 1932. It authorizes the Administrator, at the
request of any Federal agency, or any mixed-ownership corporation, or
the District of Columbia, to operate, maintain, and protect any build-
ing owned by the United States, or by a wholly owned or mixed-
ownership Government corporation and occupied by the agency or
instrumentality making such request. An example of the need for a
provision such as this is the recent request that the General Services
Administration take over the operation, maintenance, and protection
of the building or buildings now housing the United States District
Court for the District of Columbia. At the present time not less
than four instrumentalities of the Government perform these functions,
with the result that considerable confusion exists.. This provision
clarifies the authority of General Services Administration under the
'Economy Act and likewise includes wholly owned and mixed-owner-
ship corporations and the District of Columbia, which are not covered
by the Economy Act.
Section 210 (c) may also be considered as an extension of the
Economy Act as well as the provisions of the act of June 25, 1910
(40 U. S. C. 265), as amended. It also applies to wholly owned and
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 11
mixed-ownership corporations and to the District of Columbia, which
the Economy Act and the act of June 25, 1910, do not. In the past,
there have been instances where the Congress has appropriated funds
for_theacquisition of land and the construction of buildings to agencies
other than the' General Services Administration, with the proviso
that all of such appropriated funds necessary for the acquisition of sites
and the construction of buildings shall be transferred to the General
Services Administration. These provisions have been included in.
appropriation acts. The enactment of section 210 (c) as permanent
legislation will eliminate the necessity for inclusion of such provisions
in appropriation acts.
Section. 210 (d) is necessary to remedy a condition which exi:ots in
Reorganization Plan No. 18 of 1950. Section. 2 of that plan tr,,,-isfers
all functions with respect to the operation, maintenance, and custody
of Office buildings owned by the Government and of office buildings
or parts thereof acquired by lease, with certain. specified exceptions,
from the respective agencies in. which then vested, to the Adm nis-
trator of General Services. The provisions of the plan took effect
on. July 1, 1950. Under one interpretation of section 2 of the plan,
the transfer of functions is not continuing, but is a so-called one-shot
proposition.. Section 210 (d) gives to the Director of the Bureau of
,the Budget, whenever he determines such action to be in the interest
of economy and efficiency, authority to transfer to the Administrator
all functions vested in any other Federal agency with respect to the
operation, main.ten.an,ce, 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, with certain specified exceptions. The enactment
of this legislation granting continuing authority to the Director of
the Bureau of the Budget will permit flexibility and meet future chang-
ing conditions.
Section 211: This section authorizes the Administrator to issue
regulations requiring identification of all motor vehicles, acquired and
used for official purposes within. the United States, its Territories and
possessions, by any Federal agency or the District of Columbia.
This provision provides a uniform system of identification in lieu of
*/' the various administrative systems now in effect in connection with
identification of Government-owned motor vehicles.
The provisions of section 6 fall within four general categories, namely,
(1) those in the nature of perfecting amendments required to insert
in Public Law 152, Eighty-first Congress, the new title V-Federal
Records, (2) those designed to provide a permanent statutory charter
for activities now authorized by substantive language appearing in
annual appropriation acts, (3) those necessary to retain desirable
provisions of existing law in their original, or amended, form, and
(4) those providing new authority with respect to records management
and archival administration.
Subsections (a), (b), and (c), and the introductory language of sub-
section (d) preceding Title V-Federal.Records, of section 6 are per-
'fecting amendments necessary to the insertion of a new title V in
Public Law 152, Eighty-first Congress.
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12 , FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
TITLE V-FEDERAL RECORDS
SHORT TITLE
Section 501 provides that title V of this bill may be cited as the
"Federal Records Act of 1950".
CUSTODY AND CONTROL OF PROPERTY
Section 502: The first part of this section merely retains provisions
of existing law (44 If. S. C. 3004; Public Law 152, 81st Cong., sec.
104 (a)) relating to the custody and control of the National Archives
Building and its contents. The second part provides the Adminis-
trator with the necessary authority to enable him to design, construct,
and maintain buildings for the storage of records, including records
centers as provided in section 505 (d).
NATIONAL HISTORICAL PUBLICATIONS COMMISSION
Section 503 (a) reconstitutes the present National Historical Pub-
lications Commission with a different and an enlarged membership
includes representation of the three branches of the Government and
the public, and also provides for staggering of the terms of the mem-
'bership.
The existing authority of the Congress to receive proposals of the
Commission is transferred by subsection 503 (d) of this bill to the
Administrator, which is one reason for including representatives of
the legislative branch in the Commission's membership.
Section 503 (b) provides for the filling of vacancies on the Commis-
sion in conformity with the staggered membership of the Commission.
Section 503 (c) provides for the appointment of a staff for the Com-
mission, for limited compensation for members of the Commission
,representing the public, and for the reimbursement of all, members
for transportation. expenses incurred in attending meetings. The
Commission will be required to obtain funds for its activities through
regular annual appropriations by the Congress. It is contemplated
by your committee that the Commission's staff will be kept small.
Section 503 (d) sets forth the duties of the Commission. The lan-
guage used in the first four lines appears in existing law. The Com-
mission's duties have been expanded, however, to include the proposal
`made by the President in his speech at the Library of Congress on
May 17, 1950, to encourage and assist private agencies in collecting,
editing, and publishing the papers of Americans who have made major
contributions to the development of our national culture. The last
sentence of this subsection provides for transmission to the Adminis-
trator (instead of to the Congress as called for in existing law) of the
Commission's plans, estimates, and recommendations.
FEDERAL RECORDS COUNCIL
Section 504 provides for the establishment by the Administrator of
a Federal Records Council composed of representatives, in the
number determined by the Administrator subject to fixed minima, of
the legislative, executive, and judicial branches of the Government,
but not more than one member may be appointed from any particular
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EDERAL AND executive agency. The Administrator is required to advise and con-
sult with said Council in carrying out the purposes of the new title V.
The present National Archives Council would cease to exist by virtue
of section 7 (d) of the bill. The new Council elects its own chairman
and is required to meet at least once annually.
RECORDS MANAGEMENT: THE ADMINISTRATOR
Section 505 (a): This subsection vests the Administrator with staff
responsibility for coordinating and improving standards, procedures,
and techniques with respect to all three areas of records management.
in the Federal Government-(1) the creation of records, (2) the,
maintenance of current records, and (3) the retiremiid.disposa1 I
rds when no longer needed for current ' operations. In each
area the Administrator is directed to develop improved practices and
promote their adoption by all Federal agencies:
Section 505 (b): This subsection requires the Administrator to
establish standards for the guidance of Federal agencies in determining I.
the classes and types of records that should be retained and those that '
should be disposed of; and to assist agencies in the application of such
standards. It also charges the Administrator with responsibility for
assisting agency heads in protecting the records of their agencies
against unauthorized physical damage or removal.
Section 505 (c) : This subsection continues existing statutory au-
thorit
(44 U S C 300c Public Law 15) 81st Con
104
y
g.,
. . . ; , sec . (a))
but provides a limitation with respect to surveying or inspecting ,1
records the use o w is Is restricted by law or for reaaQ G of n,. ,ions],.
secy or the public interest. The power to inspect or survey, in
person or by a deputy, enables the Administrator to obtain first-hand
information concerning records m.anagemeDt problems and programs
in Federal agencies, in order that he may carry out the duties imposed
on him by the provisions of this title.
Section 505 (d) : The provisions of this subsection clarify and expand
the provisions of section 104 (c) of Public Law 152, Eighty-first Con-
gress. The economies made possible through the establishment of
records centers for the maintenance of records which must be retained
for varying periods of time which need not be maintained in office
space and equipment, have been amply proven by the experience of
the military agencies and others during the last few years. The need
for centralized facilities was emphasized by the Commission on Or-
ganization and this subsection carries out the Commission's recom-
mendations. The subsection also contains a new provision authorizing
the Administrator to establish, maintain, and operate centralized mi-
crofilming crofilming services for Federal agencies.
Section 505 (e): This is a new statutory provision. The central
staff responsibility for records management placed with the Adminis-
trator by this title makes it entirely logical that, except to the extent
otherwise provided by law, authority to issue regulations governing
the inter-agency transfer of records should also be vested in the
Administrator.
Section 505 (f): This is a new provision and the authority granted
therein is needed tQ meet ch ,grog needsandconditions in the applica-
tion o gQl sc~indnlcs,. Under existing statutory authority,
retention periods specified in all except general disposal schedules
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1'4 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
are mandatory. This subsection authorizes the Administrator to
extend retention periods and to promulgate regulations governing
the withdrawal of disposal authority, in order to meet changing
conditions.
In vesting primary responsibility for records management in the
Administrator of General Services, the committee did not intend to
relieve other Federal agencies of their duties in this field. On the con-
trary this section places squarely upon the head of each Federal agency
the direct obligation to take active part in bringing about efficient
records management. The committee expects every Federal agency,
particularly those with large accumulations of records, to cooperate
with the Administrator to the utmost in reducing costs in this field.
Section 506 (a): At present specific laws direct the heads of certain
agencies to create and maintain c.. ~ records, but there is no general
requirement that Federal agencies maintain ade u e records. This
subsection provides a general declaration by the Congress on the
subject.
Section 506 (b): This subsection covers, in greater detail, part the
ground covered by Executive Order 4, 11 F. R. 10909, but it also
eft nds coverage to all Federal agencies and spells out the responsi-
bilities of agency rea s with respect to records management programs.
As the Commission on Organization pointed out, many agencies paid
only lip service, to the Executive order. The providing of a statutory
basis for agency records management programs should strengthen
them immeasurably.
Section 506 (c): This subsection is new. It provides the centralized
control of records centers recommended by the Commission on Organi-
zation and gives a statutory basis for the establishment of centers as
needed. If the agency can show that economy and efficiency of oper-
ation can best be served by permitting it to operate its own centers,
the Administrator may permit the agency to do so, but the Adminis-
trator may also establish centers under his own jurisdiction and
receive in them the records of any Federal agency.
Section 506 (d): This subsection continues existing authority con-
tained in section 8a of the National Archives Act (44 U. S. C. 300h-1).
Section 506 (e): This subsection requires heads of Federal agencies
to provide proper safeguards for the protection of records in their
custody as may be necessary and as may be required by regulations of
the Administrator, and to make these safeguards known to all such.
agency officials and employees.
ectron 506 (f): This subsection requires that heads of Federal
gencies cooperate with the Administrator in protecting the records of
heir agencies against unauthorized physical damage or removal.
The Administrator's responsibilities in this area are defined in the
econd, part of subsection 505 (b).
Section 506 (g): This subsection is designed to insure that the provi-
sions of title V will impose no limitations upon the exercise of certain
functions by the Comptroller General nor lessen the existing responsi-
bility of collecting and disbursing officers for rendition of their accounts
to the General Accounting Office.
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ARCHIVAL ADNIINISTRATION
Section 507 (a) (1) provides for the acceptance of records of the
Government having sufficient value to warrant their continued preser-
vation with the National Archives of the United States. It places
responsibility on the Archivist to determine professionally whether
records have sufficient value to warrant their deposit with the National
Archives.
Section 507 (a) (2) authorizes the transfer, with the approval of the
originating agency, of records, deposited, or approved for deposit, with
the National Archives to public or educational institutions. This
would enable the Administrator to provide for the loan or indefinite
transfer of records under proper safeguards to State archival agencies
or educational institutions. Title to such records would, however,
remain vested in the United States unless otherwise authorized by
Congress.
Section 507 (a) (3) authorizes the Administrator to effect the transfer
of materials from private sources when acceptable for deposit under the
provisions of subsection (e) of section 507.
Section 507 (b): This subsection makes the Administrator responsi-
ble for the custody, use, and withdrawal of records transferred to him.
It contains four provisos respecting restrictions on the use of records,
three of which continue in substance provisions of existing law. The
third proviso is new. It provides for terminating all restrictions
(referred to in this subsection) after the records to which they are
applicable have been in existence for 50 years unless otherwise
determined by the Administrator with respect to specific bodies of
records. This proviso would enable the Administrator to extend the
restricted period on a proper showing of need for such extension, but
would otherwise provide a general repeal clause to statutory and other
restrictions governing the use of records by scholars and the public
generally.
Section 507 (c) continues in substance the provisions of existing law
respecting the security, rehabilitation, arrangement, reproduction,
and description of records transferred to the Administrator. The
performance of the functions authorized by its provisions is essential
to efficient and economical archival administration.
The last part of the subsection permits the Administrator to publish
historical works approved by the National Historical Publications
Commission whenever he deems it appropriate.
Section 507 (d) continues authority in existing law for providing
reference service on records in the custody of the Administrator.
Section 507 (c) (1) is a new provision that would make it possible
for the personal papers and other personal historical documentary
materials (motion pictures, sound recordings, etc.) of the President
and other high level Government officials to be preserved by the
Government with related official records.
Documents of this character, when they can be properly released
for scholarly research, frequently constitute the most valuable of all
the source materials of history. Their preservation in official custody
is highly desirable, but is not likely to occur unless adequate assurance
is provided that their privacy will not be jeopardized for a reasonable
period of time. The restriction on the. use of such materials provided
in this subsection is designed to assure this privacy.
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16 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Section 507 (e) (2) provides for the transfer of certain types of
motion-picture films, still pictures, and sound recordings from private
sources that are appropriate for preservation by the Government.
The provisions of existing law permit the acceptance from private
sources of motion-picture films and sound recordings "pertaining to
and illustrative of historical activities of the United States." The
provisions of this subsection extend the categories of materials
covered to include still pictures but restrict the character of materials
that may be accepted to those that are appropriate for preservation
as evidence of the organization, functions, policies, decisions, pro-
cedures, and transactions of the Government.
Title to the materials deposited under this subsection (e) shall vest
in the United States.
Section 507 (f): The first part of this subsection is new and author-
izes the making of motion-picture films, still pictures, and sound
recordings pertaining to or illustrative of the historical development
of the United States Government and its activities. Governmental
events of historical importance frequently occur of which no photo-
graphic or phonographic records are made, or, if made by commercial
or other private concerns, are not made available for deposit with the
written records of. the event. This provision would authorize the
Administrator to make a sound recording of an important speech, or
a photograph or motion-picture of an official ceremony, and deposit
the recording or photograph with official records in his custody.
The last part of this subsection provides a permanent statutory
charter for certain activities relating to motion-picture films now
authorized by substantive language appearing in annual appropriation
acts. They are extended by this provision to apply also to still
pictures and sound recordings. The performance of these activities
is essential to the proper preservation, administration, and use of
motion-picture films, still pictures, and sound recordings.
Section 508 (a) authorizes the Administrator to obtain reports from
Federal agencies on their activities under the provisions of this bill
and the Records Disposal Act. Such reports will facilitate the per-
formance of the staff and coordinating functions vested in the Ad-
ministrator by the provisions of the new title V.
Section 508 (b): The purpose of this subsection is to minimize
violations of title V by providing for warnings from the Administrator
to agency heads, and in case of failure to take corrective measures,
for reports by the Administrator to the President and the Congress.
LEGAL STATUS OF REPRODUCTION
Section 509 (a): This subsection is new. Some paper records are
required by statute to be retained indefinitely. This provision is
intended to make certain that retention of the records on microfilm.,
rather than in paper form, will have statutory authorization; and also
to give such microfilm reproductions, as well as other reproductions
made in accordance with the provisions of title V, the same legal
status as that of the original records;
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FEDERAL 'PROPERTY AND ADMINISTRATIVE SERVICES ACT 17
Section 509 (b) continues the provisions of existing law with respect
to an official seal of the National Archives of the United States and the
admission in evidence of authenticated reproductions of records in the
custody of the Administrator. It provisions are necessary to provide
adequately for the servicing of records.
Section 509 (c) continues the provisions of existing law with respect
to fees for reproductions of records. The proviso at the end of the
subsection is new, and its purpose is to permit the furnishing of repro-
ductions that might be vital to the interest of the Government at
times when funds necessary for furnishing them were unavailable to
the Administrator.
LIMITATION ON LIABILITY
Section 510: The Federal Tort Claims Act (28 U. S. C. ch. 171) in
effect gives general consent for tort suits against the Government with
certain exceptions that are set forth in section 2680 of the chapter.
The purpose of this section is to extend those exceptions so that the
United States and its agents would not be liable for any infringement
of literary property rights that might result from the use of letters and
other material (exclusive of material copyrighted or patented) after
they come into the custody of the Administrator.
Section 511: The purpose of this section is to provide a clear under-
standing as to the meaning of the terms "records", "records center",
"servicing", "National Archives of the United States", "unauthenti-
cated copies", and "Archivist", as used in title V.
Section 7 of the bill provides for further amendments to the Federal
Property and Administrative Services Act of 1949.
Subsection (a) amends section 3 (d) of the act to exclude records
of the Federal Government from the definition of the term "property".
This is desirable because statutes relating to real and personal property
are not applicable to records, and vice versa.
Subsections (b) and (c) are perfecting amendments necessary to the
insertion of the new title V in Public Law 152, Eighty-first Congress.
Under subsection (d) there are added to the list of statutory pro-
visions repealed by the Federal Property and Administrative Services
Act of 1949 the National Archives Act, as amended, and section 4 of
the act of February 3, 1905 (33 Stat. 687, as amended; 5 U. S. C. 77),
relative to identifications for motor vehicles used for official purposes
in the departmental service in the District of Columbia.
Under subsection (e), section 602 (b) of the Federal Property and
Administrative Services Act of 1949 is amended by continuing existing
law in paragraph (1) and by providing in paragraph (2) that sections
2 and 4 of the Records Disposal, Act (44 U. S. C. 366-380) are super-
seded to the extent that the provisions thereof are inconsistent with-y
the provisions of the new title V. Sections 2 and 4 of the Records
Disposal Act provide, respectively, for the issuance of regulations and
the making of recommendations by the_ resent Nationw]. Archives
Council regarding the disposal of records. The National Archives
H, Rept. 2747,81-2-3
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18 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Council would cease to exist under section 7 (d) of the bill. The
f?nrtic,n of issuing isposal regulations would be exercised by the
Admi ' rat Subsection (e) also amends section 602 (c) of the
F floral Property and Administrative Services Act of 1949 by inserting
after the words "in addition" the following: "and paramount". The
insertion of such language would firm up the authority of the Admin-
istrator of General Services to accomplish the purposes of the Federal
Property and Administrative Services Act of 1949.
Under subsection (f), paragraphs (17) and (19) represent existing
law, and the present paragraph 18 of 602 (d) of the Federal Property
and Administrative Services Act of 1949 is deleted since it is not neces-
sary in view of the revision of 602 (c), there being inserted in lieu
thereof an exemption for the Joint Committee on Printing based
on the fact that the Committee is a joint committee of both the House
and Senate and therefore feels that it might come within the purview
of the definition of a Federal agency. A
Subsection (g) provides a permanent statutory charter for an
activity now authorized by substantive language appearing in annual,
appropriation acts.
Section 8 amends the definition of the term "Federal agency" in the
Federal Property and Administrative Services Act of 1949, so as to
exclude from the definition thereof the Architect of the Capitol and
any activities under his direction. The other two subsections of
section 8 provide for the exclusion from the coverage of the Federal
Property and Administrative Services Net of 1949 of the Senate and
House of Representatives, including the Architect of the Capitol,
unless any of the services or facilities authorized to be rendered shall
be requested by the Senate, House, or Architect of the Capitol.
Section 9 amends section 205 (h) of the Federal Property and
Administrative Services Act of 1949 by striking out the word "title"
and inserting in lieu thereof the word "Act." The effect is to expand
the requirement that the Administrator of General Services advise
and consult with interested Federal agencies from the limited field
of title II to the entire act.
'Section 10 provides that the Comptroller General upon recommend-
ation of the head of any Federal agency concerned is authorized and
empowered, in connection with any contract made on behalf of the
Government which contract includes a provision for liquidated dam-
ages for delay, to remit the whole or any part of such damages as in
his discretion may be just and equitable. Section 10 also provides
for the repeal of section 306 of the Federal Property and Adminis-
trative Services Act of 1949 and further provides that section 10 is
effective as of July 1, 1949.
Section 11 repeals all laws and parts of laws in conflict with the
amendments made by this act.
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 19
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D. C., July ,21, 1950.
Hon. WILLIAM L. DAWSON,
Chairman, Committee on Expenditures in the Executive Departments,
House of Representatives, New House Office Building, Washington, D. C.
My DEAR MR. DAWSON: This is in reply to your request for the views of this
Office with respect to H. It. 9129, a bill to amend the Federal Property and Ad-
ministrative Services Act of 1949, and for other purposes.
This measure is a substitute for II. R. 6315, H. R. 6566, H. It. 7545, H. R. 8353,
I3. It. 8416, and H. It. 8890, and has as its primary objective the establishment of
an adequate records management program in the Federal Government.
Other amendments to the Federal Property and Administrative Services Act of
1949 contained in this bill will:
1. Make the general supply fund available for the procurement of addi-
tional common-use printed items not stocked by the Superintendent of
Documents, and eliminate the surcharge now levied on agencies making
purchase from the Federal Supply Service.
2. Enact into substantive law numerous provisions dealing with the
maintenance, operation, and protection of public buildings which have been
included in the annual appropriation acts.
3. Provide for donations of surplus personal property to States for public-
health purposes, as well as for educational purposes, as now authorized by
the Federal Property and Administrative Services Act of 1949. Under that
act both the educational and public-health organizations are eligible for
donations of surplus real property.
4. Extend to the field service of Federal agencies the requirement of
identification of motor vehicles acquired and used for official purposes.
Under the present law (sec. 4 of the act of February 3, 1905, 33 Stat. 687, as
amended by the act of August 2, 1946, 60 Stat. 811, 5. U. S. C. 77) identifica-
tion is required only of motor vehicles acquired and used for official purposes
in the departmental service in the District of Columbia.
5. Enact into substantive law, on a continuing basis, the principles of
Reorganization Plan No. 18 dealing with the transfer to the Administrator of
the General Services Administration the control and custody of office buildings
owned by the United States.
6. Amend section 306 of the Federal Property and Administrative Services
Act of 1949, entitled "Waiver of Liquidated Damages," to extend its pro-
visions to cover all Federal agencies.
The Bureau of the Budget is in accord with the principles of H. R. 9129 and
recommends its enactment.
Sincerely yours,
ELMER B. STAATS,
Assistant Director.
COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, July 26, 1950.
Hon. WILLIAM L. DAWSON,
Chairman, Committee on Expenditures in the Executive Departments,
House of Representatives.
My DEAR MR. CHAIRMAN: Reference is made to your letter of May 10, 1950,
requesting report on H. R. 8416, Eighty-first Congress, entitled "A bill to amend
Public Law 152, Eighty-first Congress, approved June 30, 1949," and to recent
informal advice from counsel for your committee that the committee would prefer
a report on H. It. 9129, Eighty-first Congress, entitled "A bill to amend the Federal
Property and Administrative Services Act of 1949, and for other purposes.
There is enclosed a section-by-section analysis of H. It. 9129, which has the
approval of the General Accounting Office. It is noted, particularly, that the
bill contains language suggested by the General Accounting Office to improve
the accounting and fiscal procedures under the 1949 act and to authorize the
Comptroller General, upon the recommendation of the head of any Federal
agency, to remit liquidated damages provided for in any contract of such agency.
It is understood, also, that your committee desires comment of the General
Accounting Office with respect to the desirability of the proposed section 6 of
H. R. 9129, which would be a Federal Records Act of 1950. Although the General
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20 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Accounting Office is not the agency primarily concerned, it may be said that this
act is designed to bring about improved management of Government records.
It would impose on the Administrator of General Services the principal responsi-
bility to accomplish this purpose, with the necessary measure of authority to carry
out his responsibility in proper balance with the duties and requirements of all
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,
maintenance, 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 principles laid down by
the Administrator of General 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 provided 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 solution of which all of us-the Congress and the President, the departments
and agencies, and the taxpayers-have a large stake. A carefully planned, con-
certed attack on the problem by all concerned is essential. The proposed legis-
lation appears well suited to the undertaking. It would establish a central &ft
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 records, practices, and procedures. Just as is the case in the accounting field,
where the Comptroller General, the Secretary of the Treasury, and the Director
of the Bureau of the Budget-the heads of the three central fiscal agencies-
have joined with all the agencies in a cooperative program to improve Federal
accounting and financial reporting, a comparable program for Federal records,
under the leadership of the Administrator of General Services, should be a sig-
nificant step toward greater economy and efficiency in Government.
Sincerely yours,
FRANK L. YATES,
Acting Comptroller General of the United States.
GENERAL ACCOUNTING OFFICE SECTION-BY-SECTION ANALYSIS OF H. R. 9129,
EIGHT-FIRST CONGRESS
Section 1 of the bill is a clarification of existing authority.
Section 2 of the bill would have the general effect of eliminating the surcharge
presently added to the cost of goods procured for other agencies so that operating
costs would be borne by annual appropriations to the General Services Adminis-
tration instead of being hidden in the expenses of the requisitioning agencies.
This result would appear desirable.
Section 3 would amend subsection (b) of section 109 of the Federal Property
and Administrative Services Act by (1) removing the provision for preparation Awk
of vouchers by requisitioning agencies, which is understood to have been a cause
of delay in payments, and substituting therefor a provision for reimbursement
in accordance with accounting procedures which will be approved by the Comp-
troller General, and (2) amending the proviso of the said subsection to prevent
the Administrator from employing the "automatic" warrant or other lawful
transfer document procedure provided for therein until at least 45 days shall
have elapsed from the date when an actual liability has been incurred by the
General Services Administration on behalf of the requisitioning agency. This
Office approves the proposed amendments.
Section 3 (b) of the bill would confer on the Administrator of General Services
specific authority to charge proper fees for testing services rendered to vendors
and producers. Such provision is believed to be desirable.
Section 4 would authorize the Administrator of General Services to donate
surplus property for educational purposes or public-health purposes to tax-sup-
ported and nonprofit institutions such as specified in the said section. Under
existing law, the Administrator has authority to donate surplus real property for
health purposes and to donate surplus personal or real property for educational
purposes, and there is not perceived any objection to the proposed amendment.
Section 5 of the bill relates to operation of buildings and related activities and
to automobile identification. Aside from the redesignation of sections, the part
relating to operation of buildings is largely a consolidation and restatement of
existing substantive authority of the Administrator of General Services and of
authority which has heretofore been provided in annual appropriation acts.
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
-The provisions of paragraphs 1, 2, 3, 4, 6, 7, 9, and 11 of subsection (a) are from
annual appropriations and appear unobjectionable. Paragraph 5 transfers to
the Administrator certain authority to pay rentals and make repairs, alterations,
and improvements, without regard to the provision of section 322 of the act of
June 30, 1932 (47 Stat. 412), with respect to leases entered into for other agencies
formerly having such authority, or whose leases have been transferred to General
Services Administration. Paragraph 8 confers on the Administrator authority
to disregard the 25-percent limitation on repairs, alterations, or improvements to
rented premises contained in section 322 of said act of June 30, 1932, in instances
where he makes a determination that repairs, alterations, or improvements in
excess of the limitation is advantageous to the Government. This Office offers
no objection to these provisions, since under paragraph 5 the Administrator gets
no authority not previously vested in the heads of other agencies and under
paragraph 8 would be required to determine in each instance that the repairs,
alterations, or improvements in excess of 25 percent is advantageous to the
Government. Paragraph 10 would extend previous authority of the Administra-
tor, with respect to the furnishing of utilities and other services, to surplus real
property generally, and appears unobjectionable. Paragraph 12 would extend
the Administrator's authority with respect to the acquisition of real estate and
interests therein to include condemnation. Subsection 5 (b) would authorize
the Administrator, at the request of any Federal agency or mixed-ownership
corporation occupying any building owned by the United States or by such
corporation, to operate, maintain, and protect such building. Paragraph 5 (c)
would authorize the Administrator, at the request of any Federal agency or mixed-
ownership corporation, to acquire land for buildings and projects authorized by
the Congress, to make surveys, plans, etc., for such buildings and projects, and
to contract for and supervise their construction and equipment. Such provisions
generally follow Reorganization Plan No. 18, subsection 5 (d), providing for the
same exceptions to the Administrator's authority as does said reorganization
plan, and are unobjectionable.
The proposed new section 211 (p. 12 of the bill) entitled "Automobile Identi-
fication" has the approval of this Office.
Section 6 of the bill would constitute the Federal Records Act of_ 1950. Its
provisions have the approval of this office aud, a so conform to recommendations
of the Hoover Commission.
The proposed new section 502 of the Federal Property and Administrative
Services Act of 1949 (p. 13 of the bill) merely restates provisions of existing law
vesting in the Administrator of General Services custody and control of the
National Archives Building and its contents, but adds authority to design,
construct, and maintain records centers.
Section 503 continues the National Historical Publications Commission with a
different and enlarged membership, including representatives of the three branches
of the Government and the public, provides for filling vacancies in the member-
ship, for payment of the Commission's expenses and the compensation of the
members representing the public, and sets out the duties of the Commission.
There is not perceived any objection to the provisions of this section.
Section 504 provides for the establishment of a Federal Records Council, with
which the Administrator shall advise and consult in carrying out the purposes of
the act. This Council would supplant the existing National Archives Council.
Subsection 505 (a) vests the Administrator with staff and coordinating responsi-
bility for the economical and efficient management of records of Federal agencies.
Subsection 505 (b) requires the Administrator to establish standards for the
selective retention of records, to assist the Federal agencies in applying such
standards to records in their custody and to assist agency heads in protecting the
records of their agencies against unauthorized damage or removal.
Subsection 505 (c) continues existing statutory authority of the Administrator
to inspect records but provides that such inspection of records, the use of which is
restricted by or pursuant to law or for reasons of national security or the public
necessity, shall be in accordance with regulations promulgated by the Admin-
istrator subject to the approval of the head of the custodial agency.
Subsection 505 (d) clarifies and extends provisions of existing law by authorizing
the Administrator to establish, maintain, and operate records centers for the
storage, processing, and serving of records and to operate centralized microfilming
services for Federal agencies. This subsection carries out the recommendations
of the Hoover Commission as to records centers.
Subsection 505 (e) is a new provision authorizing the Administrator to pro-
mulgate regulations governing the transfer of records from the custody of one
executive agency to that of another.
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GG FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Subsection 505 (f) also is a new provision authorizing the Administrator to pro-
vide for retaining records for a longer period than that specified in disposal sched-
ules approved by Congress. Such provision seems desirable in order to meet
changing needs and conditions with respect to disposal of records.
Section 506 prescribes the duties and responsibilities of agency heads with re-
spect to the making, management, and preservation of adequate records, and
includes a provision that nothing in the act shall be construed as limiting the au-
thority of the Comptroller General of the United States with respect to prescrib-
ing accounting systems, forms, and procedures, or lessening the responsibility of
collecting and disbursing officers for rendition of their accounts for settlement by
the General Accounting Office.
Subsection 507 (a) authorizes the Administrator to accept for deposit with the
National Archives the records of any Federal agency or of the Congress that are
determined by the Archivist to have sufficient value to warrant their preservation,
to direct and effect, with the approval of the head of the originating agency, the
transfer of records of public or educational institutions or associations, and to
effect the transfer of materials from private sources authorized to be received by
the Administrator by the provisions of subsection 507 (e).
Subsection 507 (b) makes the Administrator responsible for the custody, use, and
withdrawal of records transferred to him. It contains four provisos respecting
restrictions on the use of records, three of which merely retain existing statutory Aft
restrictions. The third proviso is new, providing that restrictions referred to in
this subsection shall not remain in force after the records have been in existence for
50 years, unless otherwise determined by the Administrator with respect to specific
bodies of records.
Section 507 (c) continues, in substance, the provisions of existing law as to the
preservation, arrangement, repair, and reproduction of records transferred to the
Administrator, and provides authority for the Administrator to publish certain
works approved by the National Historical Publications Commission.
Section 507 (d) continues existing authority for providing reference service on
records in the custody of the Administrator.
Section 507 (e) is a partially new provision authorizing the Administrator to
accept for deposit the personal papers and other personal historical documentary
material of high Government officials under specified restrictions; also, motion-
picture films, sound recordings, etc., from private sources.
Section 507 (f) authorizes the Administrator to make, preserve, and provide
for the use of motion-picture films, still pictures, and sound recordings pertaining
to the historical development of the United States Government and its activities.
Section 508 (a) authorizes the Administrator to require reports from Federal
agencies on their activities under this act and the Records Disposal Act.
Section 508 (b) authorizes the Administrator to inform the heads of agencies
as to violations of th
F
d
l R
e
e
era
ecords act of 1950 and, unless corrective action
is taken, to report said violations to the President and the Congress.
Section 509 (a) is a new provision giving statutory authority for the retention
of records reproduced on microfilm, or by other copying process in lieu of original
records required by law to be retained indefinitely and providing that such repro-
ductions shall have the same legal status as the original records.
Section 509 (b) continues the provisions of existing law with respect to an
official seal of the National Archives of the United States and the admission in
evidence of authenticated copies or reproductions of records.
Section 509 (c) continues the provisions of existing law with respect to fees
for copies or reproductions of records, with a new provision permitting reimburse-
ment of the cost of furnishing such copies or reproductions.
Section 510 would protect the United States and its agents from liability for
any infringement of literary property rights that might result from the use of
letters and other intellectual productions in the custody of the Administrator,
exclusive of material copyrighted or patented.
Section 511 consists of definitions of the terms "records," "records centers,"
and other terms used in the bill.
Section 7 (a) of the bill would amend section 3 (d) of the Federal Property and
Administrative Services Act of 1949 so as to exclude Government records from the
definition of the word "property." The remainder of section 7 consists chiefly of
amendments necessary for inserting the provisions of the bill in .the Federal Prop-
erty and Administrative Services Act, for expressly repealing the National
Archives Act and for superseding specified provisions of certain statutes and of
Executive Order No. 6166.
Section 8 of the bill contains provisions excepting the Senate, the House of
Representatives, and the Architect of the Capitol from the provisions of the Federal
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 23
Property and Administrative Services Act of 1949, but providing that any services
and facilities authorized by the act shall be available to the Senate, House of
Representatives, and Architect of the Capitol upon their request. It is noted that
there should be quotation marks at the beginning of line 21, page 33 of the bill.
Section 9 would amend section 205 (h) of the Federal Property and Adminis-
trative Services Act of 1949 by broadening the duty of the Administrator to con-
sult with interested Federal agencies to the scope of the entire act.
Section 10 provides that whenever any contract made on behalf of the Govern-
ment by the head of any Federal agency, or by officers authorized by him to do
so, includes a provision for liquidated damages for delay, the Comptroller General
upon recommendation of such head is authorized and empowered to remit the
whole or any part of such damages as in his discretion may be just and equitable.
This provision was incorporated in the bill at the suggestion of the General Ac-
counting Office and is strongly recommended in the interest of uniformity in the
matter of remission of liquidated damages. A similar provision of law is now
contained in the Armed Services Procurement Act of 1947 (62 Stat. 21, 24), but
it applies only to the Department of the Army, the Department of the Navy, the
Department of the Air Force, the United States Coast Guard, and the National
Advisory Committee for Aeronautics. Also, a similar provision is contained in
section 306 of the Federal Property and Administrative Services Act of 1949?
(63 Stat..396), but it applies only to contracts covered by title 3 of that act and
made by executive agencies. I know of no sound reason for such limited applica-
tion of the law.
As hereinbefore indicated, the provisions of H. R. 9129 have the approval of
this Office or are considered unobjectionable.
GENERAL SERVICES ADMINISTRATION,
July 26, 1950.
Hon. WILLIAM L. DAWSON,
Chairman Committee on Expenditures in the Executive Departments,
House of Representatives, Washington 25, D. C.
DEAR MR. DAwsoN: Reference is made to H. R. 9129, entitled "A bill to
amend the Federal Property and Administrative Services Act of 1949."
The proposed legislation has been the subject of extended study by me and my
associates, and, as you know, my staff has assisted your staff in the consideration
and drafting of the bill. This letter will therefore confirm the wholehearted sup-
port of the measure by this Administration.
I have been informally advised by the Bureau of the Budget that it has no
objection to the submission of this report to your committee.
Sincerely yours,
JESS LARSON,
General Services Administrator.
CITIZENS COMMITTEE FOR THE HOOVER REPORT,
CITIZENS COMMITTEE FOR REORGANIZATION OF THE
EXECUTIVE BRANCH OF THE GOVERNMENT,
Washington 5, D. C., July 21, 1950.
HOD. CHET HOLIFIELD,
Chairman, Executive and Legislative Reorganization Subcommittee
of the Committee on Expenditures in the Executive Departments,
House of Representatives, Washington 25, D. C.
My DEAR Mn,. HOLIFIELD: The Citizens Committee for the Hoover Report has
followed with interest the work of your committee resulting in H. R. 9129 (S. 3842).
This committee, in following the progress of this bill, has worked closely with
Emmett J. Leahy, executive director of the National Records Management
Council, who directed the Hoover Commission's task force on records management
in the Federal Government. We find that IT. R. 9129 is fully consistent with the
recommendations of the -Hoover Commission. It is a pleasure, therefore, to
assure you, on behalf of the Citizens Committee, of our complete endorsement
of this bill.
The majority of the recommendations of the Hoover Commission and its task
force on, records management have been accepted by the President and the
Congress. Tnese Presidential and congressional enactments have been suitably
implemented by the essential appropriations. The bill now being presented to
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24 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
the Congress by your committee, if acted upon favorably by the Congress, will
represent a 100-percent adoption of the letter as well as the spirit of the Hoover
CoTlamissiQn's recommendations in the important field of Federal records
management.
_;.'Complete adoption of the Hoover Commission's records management program
slashes, the immense clerical costs and red tape in the Federal Government. At the
sane time, it guarantees effective record making and record keeping as essential
tools of management and as a service to the people by the Federal Government.
To, this end, we should like to urge you to exert every effort to have the Congress
accept your recommendations in this important field at this session of Congress.
sincerely yours,
CHARLES B. COATES.
NATIONAL RECORDS MANAGEMENT COUNCIL,
New York, City 1, July 11t, 1950.
Representative CHET HOLIFIELD,
Chairman, Subcommittee on Executive and Legislative Reorganization,
House Committee'on Expenditures in the Executive Departments,
House of Representatives, Washington, D. C.
MY DEAR REPRESENTATIVE HOLIFIELD: As director of the Hoover .Commis-
-lion's task force on records management and author of its report, I am very much
interested in H. R. 9129, currently under consideration by your subcommittee.
I have carefully reviewed H. R. 9129 and compared it with the letter and spirit
of our recommendations for the Hoover Commission. It is gratifying to find that
your bill is wholly consistent with our recommendations.
You and your colleagues on the subcommittee are to be commended by all
records management specialists your constituents, and the general public for the
excellent regress you have made toward slashing red tape and clerical costs in the
Federal Government. At the same time, you are insuring greater effectiveness of
records as tools of Federal management and service.
It is significant that your action promises to forge the Federal Government far
ahead, of both, private business and State and local governments in the improve-
inent and.. reduction of clerical operations including record making and record
ke_epping.
' 'We trust that you and your colleagues will not relent in your efforts to achieve
these excellent objectives during the present session of Congress.
Cordially yours,
EMMETT J. LEAHY
Executive Director.
In compliance with paragraph 2a of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman):
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF
1949'(PUBLIC LAW 152, 81ST CONG., 1ST SESS., APPROVED JUNE 30,
1949)
SECTION 1. * *
TABLE OF CONTENTS
TITLE II-PROPERTY MANAGEMENT
Sec. 201. Procurement, warehousing, and related activities.
Sec. 202. Property utilization.
Sec. 203. Disposal of surplus property.
Sec. 204 Proceeds from transfer and disposition of property.
Sec. 2051 Policies, regulations, and delegations.
See, 20G.. Surveys standardization, and cataloging.
Sep, 2p7. Applicability of antitrust laws.
Sec. 2 8. Employment of personnel.
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Sec. 209. Civil remedies and penalties.
Sec. 210. Operation of buildings and related activities.
Bed. 211. Motor Rvehicle eports identification.
Congress.
'Bed. 02103 ] 9
* *
TITTLE V-FEDERAL RECORDS
Sec. 601. Short title.
Scc. 502. Custody and control of property.
Sec. 503. National Historical Publications Commission.
Sec. 604. Federal Records Council.
Sec. 505. Records management; the Administrator.
management;agency heads.
v3ec 506 Records Sec. 507. Archival administration.
See. 608. Reports.
Sec. 509. Legal status of reproductions.
Sec. 510. Limitation on liability.
see, fill. Definitions. TITLE (V] VI-GENERAL PROVISIONS
Sec. [501]]]]]] 001 Applibility of existing procedures.
Sec. E502 009. . Repeal and saving provisions.
Sec. [503 603. Authorization for appropriations.
`Sec. [504 604. Separability.
Sec. (605 605. Effective date.
SEc. 3. (b) The term "Federal Agency" means any executive agency or any
establishment in the legislative or judicial branch of the Government (except the
Senate, [and] the House of Representatives, and the Architect of the Capitol and any
:activities under his direction).
SEC. 3. (d) The term "property"means any interest in property of any kind
except (1) the public domain and lands reserved or dedicated for national forest
or national park purposes; [and] (2) naval vessels of the followin cateegorieess:
Battleships, cruisers, aircraft carriers, destroyers, and submarines .];
records of the Federal Government.
* *
* *
SEC. 102. (a) The functions of (1) The Bureau of Federal Supply in the Depart-
ment of the Treasury, (2) the Director of the Bureau of Federal Supply, (3) the
personnel of such Bureau, and (4) the Secretary of the Treasury, relating to the
Bureau of Federal Supply, are hereby transferred to the Administrator. The
-records, property, personnel, obligations, and commitments of the Bureau of
Federal Supply, together with such additional records, property, and personnel
of the Department of the Treasury as the Director of the Bureau of the Budget
-shall determine to relate primarily to functions transferred by this section or
vested in the Administrator by titles II, III, and [V] VI, of this Act, are hereby
Supplyrand the office eofrDirectorcof the Bureau of Federal Supply are hereby
SUPP Y
abolished.
SEC. 104. (b) There are also transferred to the General Services Administration
the following bodies, together with their respective functions and such funds as are
derived from Federal sources: (1) The [National Archives Council and the]
National Historical Publications Commission, established by the Act of June 19,
1934 (48 Stat. 1122), (2) the National Archives Trust Fund Board, established by
the Act of July 9, 1941 (55 Stat. 581), (3) the Board of Trustees of the Franklin D.
Roosevelt Library, established by the Joint Resolution of July 18, 1939 (53 Stat.
1062), and (4) the Administrative Committee established by section 6 of the Act
of July 26 1935 (49 Stat. 501), which shall hereafter be known as the Administra-of the Administrator
tive ,ection 106 hereof shall anot extend to the bodies or functions affected by
this subsection.
SEC. 109. (a) There is hereby authorized to be set aside in the Treasury a
special fund which shall be known as the General Supply Fund. Such fund shall
be R-TMPOs ed of the assets of the general supply fund (including any surplus
the Fcin) created by section 3 of the Act of February 27, 1929 (45 Stat. 1342;
41 U. S. C. 7c), and transferred to the Administrator by section 102 of this Act,
and such sums as may be appropriated thereto, and the fund shall assume all of
the liabilities, obligations, and commitments of the general supply fund created
by such Act of February 27, 1929. The capital of the General Supply Fund
shall be in an amount not greater than $75,000,000. The General Supply Fund
-shall be available for use by or under the direction and control of the Adminis-
trator (1) for procuring personal property (including the purchase from or through
the Public Printer, [of standard forms and blank book work for field warehouse
issue] for warehouse issue, of standard forms, blank book work, standard specifica-
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26 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
Lions, and other printed material in common use by Federal agencies not available
through the Superintendent of Documents) and nonpersonal services for the use
of Federal agencies in the proper discharge of their responsibilities and (2) for
paying [all elements of cost of the procurement, handling, and distribution there-
of, except that on and after July 1, 1950, those elements of cost which are de-
termined by the Administrator with the approval. of the Director of the Bureau
of the Budget to be indirect or overhead costs shall not be paid from the fund.]
the purchase price, transportation to first storage point of supplies and services, and
the cost of personal services employed directly in the repair, rehabilitation, and
conversion of personal property.'
SEc. 109. (b) Payment by requisitioning agencies shall be at prices fixed by
the Administrator. Until July 1, 1950, such prices shall be fixed in accordance
with law and regulations applicable on the date of enactment of this Act to prices
fixed by the Director of the Bureau of Federal Supply. On and after such date,
such prices shall be fixed at levels so as to recover so far as practicable [all costs
except those which are determined by the Administrator with the approval of the
Director of the Bureau of the Budget to be indirect or overhead costs.] the appli-
cable purchase price, the transportation cost to first storage point, inventory losses, the
cost of personal services employed directly in the repair, rehabilitation, and conversion
of personal property, and the cost of amortization and repair of equipment utilized
for lease or rent to executive agencies.' Requisitioning agencies shall pay by ad-
vance of funds in all cases where it is determined by the Administrator that there
is insufficient capital otherwise available in the General Supply Fund. Advances
of funds also may be made by agreement between the requisitioning agencies and
the Administrator. _ Where an advance of funds is not made, [requisitioning
agencies shall promptly reimburse] the General Services Administration shall
be reimbursed promptly out of the funds of [on vouchers prepared by] the requisi-
tioning agency [on the basis of itemized invoices submitted by the Administrator
and receiving reports evidencing the delivery to the requisitioning agency of such
supplies or services] in accordance with accounting procedures approved by the
Comptroller General: Provided, That in any case where payment shall not have
been made by the requisitioning agency within forty-five days after the date of
billing by the Administrator or the date on which an actual liability for supplies or
services is incurred by the Administrator, whichever is the later, reimbursement may
be obtained by the Administrator by the issuance of transfer and counterwarrants,
or other lawful transfer documents, supported by itemized invoices.
SEC. 109. (g) The Administrator of General Services is authorized in his discre-
tion to, charge vendors and producers of commodities considered for purchase such
fees as he shall determine to be reasonable for testing such commodities for conform-
ance to specifications and standards, and such fees may be deposited in the General
Supply Fund and used to defray the expenses of conducting such tests as the Adminis-
trator may prescribe.
SEc. 201. (b) The Administrator shall as far as practicable provide any of the
services specified in subsection (a) of this section to any Federal agency, mixed
ownership corporation (as defined in the Government Corporation Control Act), Aft
or the District of Columbia, [or the Senate, or the House of Representatives,]
upon its request.
SEc. 203. (j) (1) Under such regulations as he may prescribe, the Adminis,
trator is authorized in his discretion to donate for educational purposes or public
health purposes, including research, in the States, Territories, and possessions
without cost (except for costs of care and handling) such equipment, materials,
books, or other supplies under the control of any executive agency as shall have
been determined to be surplus property and which shall have been determined
under paragraph (2) or paragraph (3) of this subsection to be usable aad neces-
sar for educational purposes [.] or public health purposes, including research.
(2) Determination whether such surplus property (except surplus property
donated in conformity with paragraph (3) of this subsection) is usable and neces-
sary for educational purposes or public health purposes, including research, shall
be made by the Federal Security Administrator, who shall allocate such property
on the basis of needs and utilization for transfer by the Administrator of General
Services to tax-supported medical institutions, hospitals, clinics, health centers,
school systems, schools, colleges, and universities, and to other nonprofit medical
institutions, hospitals, clinics, health centers, schools, colleges, and universities
I With respect to the 2 amendments indicated by asterisks, see. 2 (c) of the bill provides that they "shall
be effective on the date, not earlier than July 1, 1950, on which the Administrator of General Services shall
determine that appropriated funds adequate to effectuate the purposes of such amendments have been
made available."
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 27
which have been hold 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 designated by State law for such purpose such
transfer shall be made to said agency for such distribution within the State.
(3) In the case of surplus property under the control of the National Military
Establishment, the Secretary of Defense shall determine whether such property
is usable and necessary for educational activities that are of special interest to the
armed services, such as maritime academics or military, naval, Air Force, or
Coast Guard preparatory schools. If such Secretary shall determine that such
property is usable and necessary for such proposes, he shall allocate it for transfer
by the Administrator to such educational activities. If he shall determine that
such property is not usable and necessary for such purposes, it may be disposed
of in accordance with paragraph 2 of this subsection.
SEC. 205. (h) The Administrator shall advise and consult with interested
Federal agencies with a view to obtaining their advice and assistance in carrying
out the purposes of this [title] Act.
SEC. 208. (a) The Administrator is authorized, subject to the civil-service and
classification laws, to appoint and fix the compensation of such personnel as may
be necessary to carry out the provisions of titles I, II, III, [and V] 17, and VI
of this Act.
(b) To such extent as he finds necessary to carry out the provisions of titles I,
IT, III, [and V] V, and VI of this Act, the Administrator is hereby authorized to
procure the temporary (not in excess of one year) or intermittent services of
experts or consultants or organizations thereof, including stenographic reporting
services, by contract or appointment, and in such cases such service shall be
without regard to the civil-service and classification laws, and, except in the case
of stenographic reporting services by organizations, without regard to section 3709,
Revised Statutes, as amended (41 U. S. C. 5).
(For greater convenience in comparison, a number of differences
between existing law and H. R. 9129 are indicated in the following
parallel columns:)
EXISTING LAW THE BILL
FEDERAL PROPERTY AND ADMINISTRA- SEC. 5. The Federal Property and
TIVE SERVICES ACT OF 1949 (PunLic Administrative Services Act of 1949 is
LAW 152, 81sT CONG., APPROVED amended by-
JUNE 30, 1949) (a) redesignating section 210
thereof as section 212, and wherever
TABLE OF CONTENTS such section number appears in
* * * * * such Act as originally enacted, it is
amended to conform to the rede-
signation prescribed by this sub-
section;
(b) inserting in the table of con-
tents appearing in the first section
of such Act, immediately after the
line in which "Sec. 290." appears,
Section 210 the following:
"Sec. 210. Operation of buildings and related activi-
ties.
'See. 211. Motor vehicle identification."
(c) Inserting, immediately after
section 209 thereof, the following.
new sections:
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428 FEDERAL PROPERTY AND ADMINISTRATIVE ,SERVICES ACT
EXISTING LAW
:INDEPENDENT OFFICES APPROPRIATION
ACT OF 1950 (PUBLIC LAw 266, 81sT
CONG., APPROVED AUGUST 24, 1949),
UNDER THE?READING FEDERAL
WORKS AGENCY, PUBLIC BUILDINGS
ADMINISTRATION
Purchase, repair, and cleaning of
uniforms for guards and elevator con-
,ductors
Arms and ammunition for the guard
force
Ground rent of the Federal buildings
at Salamanca, New York, and Colum-
bus, Mississippi, for which payment
may be made in advance
Under the appropriations for salaries
and expenses, public buildings and
grounds in and outside the District of
-Columbia, and for National Industrial
Reserve, per diem employees may be
paid at rates approved by the Commis-
sioner of Public Buildings not exceeding
current rates for similar services in the
place where such services are employed
and such employees in emergencies may
be entered on duty subject to confirma-
tion by the Federal Works Administra-
-tor.
- The provisions of section 322 of the
Act of June 30, 1932, as amended (40
U. S. C. 278a), shall not apply to any
lease entered into by, or transferred to
the Public Buildings Administration for
the housing of activities specifically ex-
emiited from the provisions of said Act,
as amended.
SECTION 322 OF THE ACT OF JUNE 30,
1932 (47 STAT. 412), As AMENDED
After June 30, 1932, no appropriation
shall be obligated or expended for the
rent of any building or part of a building
to be occupied for Government purposes
at a rental in excess of the per annum
rate of 15 per centum of the fair market
value of the rented premises at date of
the lease under which the premises are
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 sub-
section to maintain, operate, and pro-
tect any building, property, or grounds
situated in or outside the District of
Columbia, including the construction,
repair, preservation, demolition, furnish-
ing and equipment thereof, he is
authorized in the. discharge of the
duties so conferred upon him-
(1) to purchase, repair, and clean
uniforms for civilian employees of
the General Services Administration
who are required by law or regula-
tion to wear uniform clothing;
(2) to furnish arms and ammuni-
tion for the protection force main-
tained by the General Services
Administration;
(3) to pay ground rent for build-
ings owned by the United States or
occupied by Federal agencies, and
to pay such rent in advance when
required by law or when the Ad-
ministrator shall determine such
action to be in the public interest;
(4) to employ and pay personnel
employed in connection with the
function of operation, maintenance,
and protection of property at such
per diem rates as may be approved
by the Administrator, not exceeding
rates currently paid by private in-
dustry for similar services in the
place where such services are per-
formed;
(5) without regard to the provi-
sions 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 transferred to,
the General Services Administra-
tion for the housing of any Federal
agency which on June 30, 1950,
was specifically exempted by law
from the requirements of said sec-
tion;
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 29
EXISTING LAW
to be occupied by the Government nor
for alterations, improvements, and re-
pairs of the rented premises in excess of
25 per centum of the amount of the rent
for the first year of the rental term, or
for the rental term if less than one year:
Provided, That the provisions of this
section shall not apply to leases made
prior to June 30, 1932, except when
renewals thereof are made after such
date, nor to leases of premises in foreign
countries for the foreign services of the
United States: Provided ,further, That
the provisions of this section as appli-
cable to rentals, shall apply only where
the rental to be paid shall. exceed $2,000
per annum.
INDEPENDENT OFFICES APPROPRIATION
ACT OF 1950, SUPRA
The appropriations for salaries and
expenses, public buildings and grounds
in and outside the District of Columbia,
shall be available for communication
services serving one or more govern-
mental activities, and for services to
motor vehicles, and where such services,
together with quarters, maintenance, or
other services, are furnished on a re-
imbursable basis to any governmental
activity, such activity shall make pay-
ment therefor promptly by check upon
the request of the Public Buildings
Administration, either in advance or
after the service has been furnished, for
deposit to the credit of the applicable
appropriation, of all or part of the
estimated or actual cost thereof, as the
case may be, proper adjustment upon
the basis of actual cost to be made for
services paid for in advance.
And for changes in, maintenance of
and repairs to the pneumatic-tube sys-
tem in New York City installed under
franchises of the City of New York,
approved June 29, 1909, and June 11,
1928, and the payment 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).
SECTION 322 OF THE ACT OF JUNE 30,
1932, SUPRA
After June 30, 1932, no appropriation
shall be obligated or expended for the
rent of any building or part of a building
to be occupied for Government purposes
at a rental in excess of the per annum
(6) to obtain payments, through::
advances or otherwise, for services,
space, quarters, maintenance, re-
pair, or other facilities furnished,
on a reimbursable basis, to any
other Federal agency, or any
mixed-ownership corporation (as.
defined in the Government Corpo-
ration Control Act), or the District
of Columbia, and to credit such
payments to the applicable appro-
priation of the General Services=
Administration;
(7) to make changes in, maintain,
and repair the pneumatic tube sys-
tem connecting buildings owned by
the United States or occupied by
Federal agencies in New York City
installed under franchise of the City
of New York, approved June 29,.
1909, and June 11, 1928, and to
make payments of any obligations
arising thereunder in accordance
with the provisions of the Acts,
approved August 5, 1909 (36 Stat.
520),, and May 15, 1928 (45 Stat.
(8) to repair, alter, and improve
rented premises, without regard to
the 25 per centum limitation of
Section 322 of the Act of June 30,
1932 (47 Stat. 412), as amended,.
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.30 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT'
EXISTING LAW
rate of 15 per centum of the fair market
value of the rented premises at date of
the lease under which the premises are
to be occupied by the Government nor
for alterations, improvements, and re-
pairs of the rented premises in excess of
25 per centum of the amount of the
rent for the first year of the rental term,
or for the rental term if less than one
year: Provided, That the provisions of
this section shall not apply to leases
made prior to June 30, 1932, except
when renewals thereof are made after
such date, nor to leases of premises in
foreign countries for the foreign services
of the United States: Provided further,
That the provisions of this section as
applicable to rentals, shall apply only
where the rental to be paid shall exceed
$2,000 per annum.
THIRD DEFICIENCY APPROPRIATION ACT
OF 1949 (PUBLIC LAw 343, 81sT
CONC., APPROVED OCTOBER 10, 1949)
Payments to States or political sub-
divisions thereof of sums in lieu of taxes
accruing against real property declared
surplus by Government corporations.
INDEPENDENT Os FICES APPROPRIATION
ACT OF 1950
Provided ,further, That the Public Build-
ings Administration may furnish neces-
sary utilities or services, at cost, to
persons, firms, or corporations in con-
nection with the occupancy of such
plants and the amounts received there-
for may be credited as reimbursements
to this appropriation.
SECTION 3719, REVISED STATUTES (31
U. S. C. 484)
DEPOSIT WITHOUT DEDUCTION. The
gross amount of all moneys received
from whatever source for the use of the
United States, except as otherwise pro-
vided, shall be paid by the officer or
agent receiving the same into the Treas-
ury, at as early a day as practicable,
without any abatement or deduction on
account of salary, fees, costs, charges,
expenses, or claim of any description
whatever. But nothing herein shall af-
fect any provision relating to the rev-
enues of the Post Office Department.
upon a determination by the Ad-
ministrator that by reason of
circumstances set forth in such
determination the execution of
such work, without reference to
such limitation, is advantageous
to the Government in terms of
economy, efficiency, or national
security: Provided, That such de-
termination shall show that the
total cost. (rentals, repairs, altera-
tions, 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. A copy of every
such determination so made shall
be furnished to the General Ac-
counting Office;
(9) to pay sums in lieu of taxes
on real property declared surplus
by Government corporations, pur-
suant to the Surplus Property Act
of 1944, where legal title to such
property remains in any such Gov-
ernment corporation;
(10) To furnish utilities and other
services where such utilities and
other services are not provided
from other sources to persons, firms,
or corporations occupying or utiliz-
ing plants or portions of plants
which constitute (A) a part of the
National Industrial Reserve pur-
suant to the National Industrial
Reserve Act of 1948, or (B) surplus
real property, and to credit the
amounts received therefrom to the
applicable appropriation of the
General Services Administration;
(11) at the direction of the Secre-
tary of Defense, to use proceeds
received from insurance against
damage to properties of the Na-
tional Industrial Reserve for repair
or restoration of the damaged prop-
erties; and
AM
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 31
SECTION 1 OF THE PUBLIC BUILDINGS
ACT OF 1926 (APPROVED MAY 25,
1926), AS AMENDED, (40 U. S. C. 341)
To enable the Administrator of
General Services to provide suitable
accommodations in the District of
Columbia for the executive departments,
.and independent establishments of the
Government not under any executive
department, and for courthouses, post
offices, immigration stations, custom-
houses, marine hospitals, quarantine
stations, and other public buildings
of the classes under the control of the
General Services Administration in the
States, Territories, and possessions of
the United States, he is hereby author-
ized and directed to acquire, by pur-
chase, condemnation, or otherwise, such
sites and additions to sites as he may
deem necessary.
SECTION 322 OF TIIE ACT OF JUNE 30,
1932, As AMENDED, SUPRA
After June 30, 1932, no appropriation
shall be obligated or expended for the
rent of any building or part of a building
to be occupied for Government purposes
at a rental in excess of the per annum
rate of 15 per centum of the fair market
value of the rented premises at date of
the lease under which the premises are
to be occupied by the Government nor
for alterations, improvements, and re-
pairs of the rented premises in excess of
25 per centum of the amount of the
rent for the first year of the rental term,
or for the rental term if less than one
year: Provided, That the provisions of
this section shall not apply to leases
made prior to June 30, 1932, except
when renewals thereof are made after
such date, nor to leases of premises in
foreign countries for the foreign services
of the United States: Provided further,
That the provisions of this section as
applicable to rentals, shall apply only
where the rental to be paid shall exceed
$2,000 per annum.
(12) to acquire, by purchase,
condemnation, or otherwise, real
estate and interests therein.
(b) At the request of any Federal
agency or any mixed-ownership corpora-
tion (as defined in the Government
Corporation Control Act), or the Dis-
trict of Columbia, the Administration
is hereby authorized to operate, main-
tain, and protect any building owned
by the United States (or, in the case
of any wholly owned or mixed-ownership
Government corporation, by such cor-
poration) and occupied by the agency
or instrumentality making such request.
ACT OF JUNE 25, 1910 (40 U. S. C. 265)
AS AMENDED
The Administrator of General Serv-
'ices may, in his discretion, upon the
request of the head of any other execu-
tive department, independent establish-
ment, or other Federal agency, cause
the General Services Administration to
carry out the construction of any build-
ing or buildings for governmental pur-
poses which any such executive depart-
ment, establishment, or agency may be
(c) At the request of any Federal
agency or any mixed-ownership corpo-
ration (as defined in the Government
Corporation Control Act), the District
of Columbia, the Administrator is
hereby authorized (1) to acquire land
for buildings and projects authorized 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 build-
ings and projects prior to the approval
by the Attorney General of the title to
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32 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
EXISTING LAW
authorized to have constructed, includ-
ing the preparation of plans, drawings,
designs, specifications, and estimates,
the acquisition of land necessary for
sites, the execution of contracts, and
supervision of construction: Provided,
That funds appropriated to other execu-
tive departments, independent estab-
lishments, or other Federal agencies for
the foregoing purposes shall be available
for transfer to and expenditure by the
General Services Administration in
whole or in part, either in reimburse-
ment of the proper appropriations of the
General Services Administration, for
the cost of such work, or as advances
to special accounts for the purpose of
providing for the prosecution of said
work,
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 avail-
able to any such Federal agency or
instrumentality for any such building
or project may be transferred by such
agency to the General Services Admin-
istration in advance for such purposes
as the Administrator shall determine to
be necessary, including the. payment of
salaries and expenses of personnel en-
gaged in the preparation of plans and
specifications or in field supervision,
and for general office expenses to be
incurred in the rendition of any such
service.
REORGANIZATION PLAN No. 18 OF 1950
SEC. 2. TRANSFER OF OFFICE BUILD-
ING MANAGEMENT FUNCTIONS.-All func-
tions with respect to the operation,
maintenance, and custody of office
buildings owned by the Government
and of office buildings or parts thereof
acquired by lease including those post-
offzce buildings w)'iich, as determined by
the Director of the Bureau of the
Budget are not used predominantly for
post-office purposes, are hereby trans-
ferred from the respective agencies in
which now vested, to the Administrator
of General Services, exclusive, however,
of all such functions with respect to-
(a) any building located in any
foreign country;
(b) 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 'De-
partment of Defense, unless and to
such extent as a permit for its use
by another agency or agencies shall
have been issued by the Secretary
of Defense or his duly authorized
representative;
(c), any building which the Ad-
ministrator of General Services
finds to. be a part of a group of
buildings which are (1) located in
the same vicinity, (2) are utilized
wholly or predominantly for the
special 'purposes of the agency
having custody thereof, and (3) are
not generally suitable for the use
of other agencies; and
(d) The Treasury Building, the
Bureau of Engraving and Printing
Building, the buildings occupied by
" the National Bureau of Standards,
(d) Whenever the Director of the
Bureau of the Budget shall determine
such action to be in the interest of
economy or efficiency, he shall transfer
to the Administrator all functions then
vested in any other Federal agency with
respect to the operation maintenance,
and custody of any office building owned
by the United States or any wholly
owned Government corporation, or any
office building or part thereof occupied
by any Federal agency under any lease,
except that no transfer shall be made
under this subsection-
(1) of any post-office building
unless the Director shall first deter-
mine that such building is not used
predominantly for post-office pur-
poses, and functions which are
transferred hereunder to the Ad-
ministrator with respect to any
post-office building may be dele-
gated by him only to another
officer or employee of the General
Services Administration or to the
Postmaster General;
(2) of any building located in
any foreign country;
(3) of any building located on
the grounds of any fort, camp, post,
arsenal, navy yard, naval training
station, airfield, proving ground,
military supply depot, or school,.
or any similar facility of the
Department of Defense, unless and
to such extent as a permit for its
use by another agency or agencies
shall have been issued by the
Secretary of Defense or his duly
authorized representative;
(4) of any building which the
Director of the Bureau of the
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
EXISING LAW THE BILL
and the buildings under the juris- Budget finds to be a part of a
diction of the regents of the group of buildings which are (A)
Smithsonian Institution. 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;
(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 juris-
diction of the regents of the
Smithsonian Institution- or
(6) of the office, buildings of the
Senate and House of Representa-
tives, the building occupied by the
Supreme Court of the United
States, the buildings occupied by
the Library of Congress and the
Columbia Hospital in the District
of Columbia, and any other build-
ings and grounds under the juris-
diction of the Architect of the
Capitol.
MOTOR VEHICLE IDENTIFICATION
SEC. 211. Under regulations prescribed by the Administrator, every motor vehicle
acquired and used for official purposes within the Lnited States, its Territories, or
possessions, 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,
corporation, or agency by which it is used and the service in which it is used, or
(b) a title descriptive of the service in which it is used if such title readily identifies
the department, establishment, corporation, or agency concerned: 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.
REPORTS TO CONGRESS
SEC. [210] 212. The Administrator shall submit a report to the Congress, in
January of each year and at such other times as he may deem it desirable, regard-
ing the administration of his functions under this Act, together with such recom-
mendations for amendments to this Act as he may deem appropriate as the result
of the administration of such functions, at which time he shall also cite the laws
becoming obsolete by reason of passage or operation of the provisions of this Act.
[WAIVER OF LIQUIDATED DAMAGES]
[SEC. 306. Whenever any contract made on behalf of the Government by the
agency head or by officers authorized by him so to do includes a provision for
liquidated damages for delay, the Comptroller General on the recommendation
of the agency head is authorized and empowered to remit the whole or any part
of such damages as in his discretion may be just and equitable.]
Section 10 of the bill reads as follows:
SEC. 10. (a) Whenever any contract made on behalf of the Government by the head
of any Federal agency, or by officers authorized by him so to do, includes a provision
for liquidated damages for delay, the Comptroller General upon recommendation of
such head is authorized and empowered to remit the whole or any part of such damages
as in his discretion may be just and equitable.
(b) Section 306 of the Federal Property and Administrative Services Act of 1949,
is hereby repealed, and this section shall be effective as of July 1, 1919.
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4 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICE'S ACT
TITLE V-FEDERAL RECORDS
SHORT TITLE
SEC. 501. This title may be cited as the "Federal Records Act of 1950".
CUSTODY AND CONTROL OF PROPERTY
SEC. 502. The Administrator shall have immediate custody and control of the
National Archives Building and its contents, and shall have authority to design,
construct, purchase, lease, maintain, operate, protect, and improve buildings used by
him for the storage of records of Federal agencies in the District of Columbia and
elsewhere.
NATIONAL HISTORICAL PUBLICATIONS COMMISSION
SEC. 503. (a) There is hereby created a National Historical Publications Com-
mission 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 four years, by the President
of the Senate; one Member of the House of Representatives to be appointed, for a
term of two years, by the Speaker of the House of Representatives; one representative
of the judicial branch of the Government to be appointed, for a term of four years, by
t e Chief Justice of the United States; one representative of she Department of State
to be apppointed, for a term of four years, by the Secretary of State; one representative
of the Department of Defense to be appointed, ,fora term of four years, by the Secretary
of Defense; two members of the American Ihistorical Association to be appointed by
the council of the said association, one of whom shall serve an initial term of two
years and the other an initial term of three years, but their successors shall be appointed
for the terms of four years; and two other members outstanding in the fields of the social
of physical sciences to be appointed by the Pr?esident of the United States, one of whom
shall serve an initial term of one year and the other an initial term of three years,
but their successors shall be appointed for terms of four years. The Commission
shall meet annually and on call of the Chairman.
(b) Any person appointed to fill a vacancy in the membership of the Commission
shall be appointed only for the unexpired term of the member whom he shall succeed,
and his appointment shall be made in the same manner in which the appointment
of his predecessor was made.
' (c) The Commission is authorized to appoint, without reference to the Classification
Act of 1949 (Public Law 429, 81st Congress, approved October 28, 1949), an executive
director and such editorial and clerical staff as the Commission may determine to be
necessary. Members of the Commission who represent any branch or agency of the
Government shall serve as members of the Commission without additional compensa-
tion. All members of the Commission shall be reimbursed for transportation expenses
incurred in attending meetings of the Commission, and all such members other than
those who represent any branch or agency of the Government of the United States shall
receive in lieu of subsistence 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 Commission 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
otherwise recording at the public expense. The Commission shall also cooperate
with and encourage appropriate Federal, State, and local agencies and nongovern-
mental institutions, societies, and individuals in collecting and preserving and,
when it deems such action to be desirable, in editing and publishing the papers of
outstanding citizens of the United States and such other documents as may be impor-
tant 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 establish a Federal Records Council, and shall
advise and consult with the Council with a view to obtaining its advice and assistance
in carrying out the purposes of this title. The Council shall include representatives
of the legislative, judicial, and executive branches of the Government in such number
as the Administrator shall determine, but such Council shall include at least four
.representatives of the legislative branch, at least two representatives of the judicial
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FEDERAL PROPERTY AND ADMINISTRATIVE SE
.branch, and at least six representatives of the executive branch. Members of the
Council representing the legislative branch shall be designated, in equal number, by
.the President of the Senate and the Speaker of the House of 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 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
efficient management of records of Federal agencies (1) by analyzing, developing,
promoting, and coordinating standards, procedures, and techniques designed to im-
prove 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 utiliza-
tion of space, equipment, and supplies needed for the purpose of creating, maintaining,
storing, and servicing records.
(b) The Administrator shall establish standards for the selective retention of
records of continuing value, and assist Federal agencies in applying such standards
to records in their custody; and he shall notify the head of any Federal agency of any
actual, impending, or threatened unlawful removal, defacing, alteration, or destruc-
tion of records in the custody of such agency that shall come to his attention, and
assist the head of such agency in initiating action through the Attorney General for
the recovery of such records as shall have been unlawfully removed and for such other
redress as may be provided by law.
(c) The Administrator is authorized to inspect or survey 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 coopera-
tion of officials and employees of agencies in such inspections and surveys: Provided,
That records, the use of which is restricted by or pursuant to law or for reasons of
national security or the public interest, shall be inspected or surveyed in accordance
with regulations promulgated by the Administrator, subject to the approval of the
head of the custodial agency.
(d) The Administrator is authorized to establish, maintain, and operate records
centers for the storage, processing, and servicing of records for Federal agencies pend-
ing 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
regulations governing the transfer of records from the custody of one executive agency
to that of another.
(f) The Administrator may empower any Federal agency, upon the submission of
evidence of need therefor, to retain records for a longer period than that specified in
disposal schedules approved by Congress, and, in accordance with regulations pro-
mulgated by hirn, may withdraw disposal authorizations 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 documentation of the organization, functions,
policies, decisions, procedures, and essential transactions of the agency and designed
to furnish the information necessary to protect the legal and financial rights of the
Government and of persons directly affected by the agency's activities.
(b) The head of each Federal agency shall establish and maintain an active,
continuing program for the economical and efficient 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 applying standards, procedures, and
techniques designed to improve the management 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 (8) compliance with the provisions
of this title and the regulations issued thereunder.
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
(c) Whenever the head of a Federal agency determines that substantial economies
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 Administrator or, when approved by the Adminis-
trator, in such a center maintained and operated by the head of such Federal agency.
(d) Any official of the Government who is authorized to certify to facts on the basis
of records in his custody, is hereby authorized to certify to facts on the basis of records
that have been transferred by him or his predecessors to the Administrator.
(e) The head of each Federal agency shall establish such safeguards against the
removal or loss of records as he shall determine to be necessary and as may be required
by regulations of the Administrator. Such 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 except in accordance with the provisions of the
Act approved July 7, 1943 (57 Stat. 380-388), 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,
impending, or threatened unlawful removal idefacing, alteration or destruction of
records in the custody of the agency of which .e is the head that shad come to his atten-
tion, and with the assistance of the Administrator shall initiate action through the
Attorney General for the recovery of records he knows or has reason to believe have been
unlawfully removed from his agency, or from any other Federal agency whose records
have been transferred to his legal custody.
() Nothing in this title shall be construed as limiting the authority of the Comp-
troller General of the United States with respect to prescribing accounting systems,
forms, and procedures, or lessening the responsibility of collecting and disbursing
officers for rendition of their accounts for settlement by the General Accounting Office.
ARCHIVAL ADMINISTRATION
SEC. 507. (a) The Administrator, whenever it appears to him to be in the public
interest, is hereby authorized-
(1) to accept for deposit with the National Archives of the United States the
records of any federal agency or of the Congress of the United States that are
determined by the Archivist to have sufficient historical or other value to warrant
their continued preservation by the United States Government;
(2) to direct and effect, with the approval of the head of the originating agency
(or if the existence of such agency shall have been terminated, then with the
approval of his successor in function, if any), the transfer of records depositsd
(or a provedfor deposit) with the National Archives of the United States to public
or educational institutions or associations: Provided, That the title to such
records shall remain vested in the United States unless otherwise authorized by
Congress; and
(3) to direct and effect the transfer of materials from private sources author-
ized to be received by the Administrator by the provisions of subsection (e) of this
section.
(b) The Administrator shall be responsible for the custody, use, and withdrawal of
records transferred to him: Provided, That whenever any records the use of which is
subject to statutory limitations and restrictions are so transferred, permissive and
restrictive statutory provisions with respect to the examination and use of such records
applicable to the head of the agency from which the records were transferred or to em-
ployees of that agency shall thereafter likewise be applicable to the Administrator, the
Archivist, and to the employees of the General Services Administration, respectively:
Provided further, That whenever the head of any agency shall specify in writing
restrictions that appear to him to be necessary or desirable in the public interest, on the
use or examination of records being considered for transfer from his custody to the
Administrator, the Administrator shall impose such restrictions on the records so trans-
ferred, 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
existence of such agency shall have been terminated, then he shall not remove or relax
such restrictions without the concurrence of the successor in function, if any, of such
agency head): ' Provided, however, That statutory and other restrictions referred to in
the provisos of this subsection shall not remain in force or effect after the records have
been in existence for f fty years unless the Administrator by order shall determine with
respect to specific bodies of records that such restrictions shall remain in force and
effect for a longer period: And provided further, That restrictions on the use or exami-
nation o records deposited with the National Archives of the United States heretofore
imposedf and now in force and effect under the terms of section 3 of the National.
Adh
Aft
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 37
Archives Act, approved June 19, 1934, shall continue in force and effect regardless of
the expiration of the tenure of office of the official who imposed them but may be removed
or relaxed by the Administrator with the concurrence in writing of the head of the
agency from which material has been transferred (or if the existence of such agency
shall have been terminated, then with the concurrence in writing of his successor in
function, if any).
(c) The Administrator shall make provisions for the preservation, arrangement,
repair and rehabilitation, duplication and reproduction (including microcopy pub-
lications), description, and exhibition of records transferred to him as may be needful
or appropriate, including the preparation and publication of inventories, indexes,
catalogs, and other finding aids or guides facilitating their use; and, when approved
by the National Historical Publications Commission, he may also publish such
historical works and collections of sources as seem appropriate for printing or other-
wise recording at the public expense.
(d) The Administrator shall make such provisions and maintain such facilities as
he deems necessary or desirable for servicing records in his custody that are not exempt
from examination by statutory provisions or other restrictions.
(e) The Administrator may accept for deposit-
(1) the personal papers and other personal historical documentary materials
~ of the present President of the United States, his successors, heads of executive
%M0/1 departments, and such other officials of the Government as the President may desig-
nate 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 during the lifetime of the depositor or for a period not
to exceed twenty-five years, whichever is longer, unless sooner terminated in writing
by the depositor or his legal heirs: And provided further, That the Archivist deter-
mines that the materials accepted for such deposit will have continuing historical
or other values;
(2) motion-picture films, still pictures, and sound recordings from private
sources that are appropriate for preservation by the Government as evidence of
its organization, functions, 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 authorized to make and preserve motion-picture
films, still pictures, and sound recordings pertaining to and illustrative of the historical
development of the United States Government and its activities, and to make provisions
for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting,
and releasing for nonprofit educational purposes motion-picture films, still pictures,
and sound recordings in his custody.
REPORTS
SEC. 508. (a) The Administrator is hereby authorized whenever he deems it necessary
to obtain reports from Federal agencies on their activities under the provisions of this
title and the Act approved July 7, 1943 (57 Stat. 380-383), as amended July 6, 1945
(59 Stat. 434).
(b) The Administrator shall, whenever he finds that any 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 regarding means of correcting them. Unless
corrective measures satisfactory to the Administrator are inaugurated within a reason-
able time, the Administrator shall submit a written report thereon to the President and
the Congress.
LEGAL STATUS OP REPRODUCTION
SEC. 509. (a) Whenever any records that are required by statute to be retained
indefinitely have been reproduced by photographic, microphotographic, or other
processes, in accordance with standards established by the Administrator, the indefinite
retention of such photographic, micro photographic, or other reproductions will be
deemed to constitute compliance with the statutory requirement for the indefinite
retention of such original records. Such reproductions, as well as reproductions made
in compliance with regulations promulgated to carry out this title, shall have the same
legal status as the originals thereof.
(b) There shall be an official seal for the National Archives of the United States
which shall be judicially noticed. When any copy or reproduction, furnished under
the terms hereof, is authenticated by such official seal and certified by the Adminis-
trator, such copy or reproduction shall be admitted in evidence equally with the original
from which it was made.
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38 FEDERAL PRQPERTX A. p ADMINISTRATIVE SERICES ACT
(c) The Administrator may charge a fee not in excess of 10 per ccnturn above the
costs or expenses for making or authenticating copies or reproductions of materials
transferred to his custody. All such fees shall be paid into, administered, and ex-
pended as a part of the National Archives Trust Fund provided for in section 5 of
the Act approved July 9, 1941. There shall be no charge for making or authenticating
copies or reproductions of such materials for official use by the United States Govern-
ment: Provided, That reimbursement may be accepted to, cover the cost of furnishing
such copies or reproductions that could not otherwise be furnished.
LIMITATION ON LIABILITY.
SEC. 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.
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, 191.3 (57 Stat. 380, as amended; 11 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 pro-
cessing 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 Administrator?
(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 authenticated or unauthenticated copies or
reproductions of such records and other materials;
(d) The term "National Archives of th- United States" means those official records
that have been determined by the Archivist 'o have sufficient historical or other value to
warrant their continued preservation by the United States Government, and have been
acce ted by the Administrator for deposit in his custody;
(e) The term "~!nauthenticated copies" means exact copies or reproductions of
records or other materials that are not certified as such under seal and that need not be
legally accepted as evidence; and
(f) The term "Archivist" means the Archivist of the United States.
TITLE [V] VI-GENERAL PROVISIONS
APPLICABILITY OF EXISTING PROCEDURES
,SEC. [501] 601.-All policies, procedures, and directives prescribed-
REPEAL AND SAVING PROVISION
SEG. [502] 602. (a) There are hereby repealed- . _
(30 the Act of February 27, 1929 (45 Stat. 1341; 41 U. S. C. 7a, 7b, 7e, and
7d); land)
(31) section 1 of the Act of May 14, 1935 (49 Stat. 234; 41 U. S. C. 7c-1
[ (82) the Act entitled "An Act to establish a National Archives of the United
States Government, and for other purposes," approved June 19, 1934 (48 Stat.
1122-1124, as amended; 44 U. S. C. 300, 300a, 300c-k); and
(33) section 4 of the Act of February 3, 1905 (33 Stat. 687, as amended,,
5 U. S. C. 77).
(b) There are hereby superseded-
(1) [The] the provisions of the first, third, and fifth paragraphs of section I
of Executive Order Numbered 6166 of June 10, 1933, [are hereby superseded]
insofar as they relate to any function now administered by the Bureau of
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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," approved July 7, 1943 (57
Stat. 380-383, as amended; 44 U. S. C. 367 and 369), to the extent that the
provisions thereof are inconsistent with the provisions of title V of this Act.
(c) The authority conferred by this Act shall be [is] in addition and paramount
to any authority conferred by any other law and shall not be subject to the pro-
visions of any law inconsistent herewith, except that sections 205 (b) and 206 (c)
of this Act shall not be applicable to any Government corporation or agency which
is subject to the Government Corporation Control Act (59 Stat. 597; 31 U. S. C.
841).
(d) Nothing in this Act shall impair or affect any authority of-
(17) the Central Intelligence Agency;
[(18) except as provided in subsections (a) and (b) hereof, any other law
relating to the procurement, utilization, or disposal of property: Provided,
That, sul2jcct to, and within the scope of authority conferred on the Admin-
istrator by other provisions of this Act, he is authorized to prescribe regula-
tions to govern any procurement, utilization, or disposal of property under
any such law, whenever but only to the extent lie deems such action necessary
to effectuate the provisions of title II; nor]
(18) the Joint Committee on Printing, under the Act entitled "An Act provid-
ing for the public printing and binding and the distribution of public documents"
approved January 12, 1895 (28 Stat. 601), as amended, or any other Act; or
(19) for such period of time as the President may specify, any other
authority of any executive agency which the President determines within one
year after the effective date of this Act should, in the public interest, stand
unimpaired by this Act.
SEC. 602. (e) No provision of this Act as originally enacted or as herein amended
shall apply to the Senate or the House of Representatives (including the Architect of
the Capitol and any building, activity, or function under his direction), but any of the
services and facilities authorized by this Act to be rendered or furnished shall, as far
as practicable, be made available to the Senate, the House of Representatives, or the
Architect of the Capitol, upon their request, and, if payment would be required for
the rendition or furnishing of a similar service or facility to an executive agency,
payment therefor shall be made by the recipient thereof, upon presentation of proper
vouchers, in advance or by reimbursement (as may be agreed upon by the Adminis-
trator and the officer or body making such request). Such payment may be credited
to the applicable a propriation of the executive agency receiving such payment.
SEC. 602. [(e)f(f) Section 3709, Revised Statutes, as amended (41 U. S. C. 5),
is amended by striking out '*$100" wherever it appears therein and inserting in
lieu thereof "$500".
AUTIIORIZATIONS FOR APPROPRIATIONS AND TRANSFER AUTHORITY
SEC. [503] 603. (a) There are hereby authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act [.], including 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.
(b) When authorized by the Director of the Bureau of the Budget, any Federal
agency may use, for the disposition of property under this Act, and for its care
and handling pending such disposition, any funds heretofore or hereafter appro-
priated, allocated, or available to it for purposes similar to those provided for
in sections 201, 202, 203, and 205 of this Act.
SEC. [504] 604. If any provision of this Act, or the application thereof to
any person or circumstances, is held invalid, the remainder of this Act, and the
application of such provision to other persons or circumstances, shall not be
affected thereby.
SEC. [505] 605. This Act shall become effective on July 1, 1949, except that
the provisions of section [502] 602 (a) (2) (repealing prior law relating to the
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40 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
disposition of the affairs of the War Assets Administration) shall become effective
on June 30, 1949.
Section 11 of the bill reads as follows:
SEc, ii. All laws or parts of law in conflict with the amendments made by this
Act are, to the extent of such conflict, hereby repeated.
THE NATIONAL ARCHIVES ACT, APPROVED JUNE 19, 1934, AS
AMENDED (44 U. S. C. 300, 300a, 300c-K)
'[There is hereby created the Office of the Archivist of the United States, the
Archivist to be appointed by the President of the United States, by and with
the advice and consent of the Senate.]
[SEC. 2. The salary of the Archivist shall be $10,000 annually. All persons
to be employed in the National Archives Establishment shall be appointed by
the Archivist solely with reference to their fitness for their particular duties and
without regard to civil service law; and the Archivist shall make rules and regu-
lations for the government of the National Archives; but any official or employee
with the salary of $5,000 or over shall be appointed by the President by and
with the consent of the Senate.']
[SEC. 3. All archives or records belonging to the Government of the United
States (legislative, executive, judicial, and other).shall be under the charge and
superintendence of the Archivi,t to this extent: He shall have full power] (Sec.
605. (c)) The Administrator is authorized to inspect or survey personally or by
deputy the records of any Federal agency [of the United States Government
whatsoever and wheresoever located], as well as to make surveys of records manage-
ment and records disposal practices in such agencies, and shall [have] be given the
full cooperation of [any and all persons in charge of such records] officials and
employees of agencies in such inspections [,] and surveys; Provided, That records,
the use of which is restricted by or pursuant to law or for reasons of national security
or the public interest, shall be inspected or surveyed in accordance with regulations
promulgated by the Administrator, subject to the approval of the head of the custodial
agency. [and to requisition for transfer to the National Archives Establishment
such archives, or records as the National Archives Council, hereafter provided
shall approve for such transfer,] (Sec. 507. (a)) The Administrator, whenever it
appears to him to be in the public interest, is hereby authorized-
(1) to accept for deposit with the National Archives of the United States the
records of any Federal agency or of the Congress of the United States that are
determined by the Archivist to have sufficient historical or other value to warrant
their continued preservation by the United States Government;
(2) to direct and effect, with the approval of the head of the originating agency
(or if the existence of such agency shall have been terminated, then with the
approval of its successor in function, if any), the transfer of records deposited (or
tip proved for deposit) with the National Archives of the United States to publicAft
or educational institutions or associations: Provided, That the title to such-
records shall remain vested in the United States unless otherwise authorized by
Congress; and
(3) to direct and effect the transfer of materials from private sources authorized
to be received by the Administrator by the provisions of subsection (e) of this
section. (SEC. 507. (et) The Administrator may accept for deposit-
(1) the personal papers and other psrsonal historical documentary materials
a~ 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 prospec?ive depositors: Provided, That restrictions so specified on
such materials, or any portions thereof, accepted by the Administrator for such
I Some of the provisions of this section have been superseded by the following provision in the Inde-
pendent Offices Appropriation Act, 1939, approved May 23, 1938 (52 Stat. 421): "Prsrided further, That six
months after the date of approval of this Act, notwithstanding any provisions to the contrary in section 2
of The National Archives Act, approved .Tuna 19, 1934, and section 1 of the Federal Register Act, approved
July 28, 1905, all persons employed in The National Archives establishment under section 2 of the National
A hives Act and section 1 of the Federal Register Act shall be appointed by the Archivist in accordance
wicth`the civil-service laws and the Classification Act of 1923, as amended: And T'rseided further, That all
parsons employed under section 2 of The National Archives Apt and section 1 of the Federal Register Act
in said establishment six months after the date of approval of this Act, reeardless of the method by which
they were appointed, who do not have a competitive classified civil-service status shalt acquire such a status
(1) upon recommendation by the Archivist and certification by him to the Civil Service Commission that
shah persons have rendered satisfactory service in said establishment for not less than six months and
(2) upon paeslne such suitable noncompetitive tests as the Civil Service Commission shall prescribe."
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FEDERAL PROPERTY AND ADMINISTRAT SMP29MIdeposit shall have force and effect during the lifetime of the depositor or for a
period not to exceed twenty-five years, whichever is longer, unless sooner terminated
in writing by the depositor or his legal heirs: And provided further, That the
Archivist determines that the materials accepted for such deposit will have con-
tinuing historical or other values; [and he shall have authority to make regula-
tions for the arrangement,] (Sec. 507. (b) The Administrator shall be responsible
for the custody, use, and withdrawal of [material deposited in the National
Archives Building] records transferred to him: Provided further, That whenever
the head of any agency shall specify in writing restrictions that appear to
him to be necessary or desirable in the public interest, on the use or examination
of records being considered for transfer from his custody to [that of] the
[Archivist] Administrator [that appear to him to be necessary or desirable
in the public interest,] the [Archivist] Administrator shall impose such
restrictions on [such of] the records [as are] so transferred, [to his custody;]
and [restrictions so imposed] shall not [be removed or relaxed by the
Archivist] remove or relax such restrictions without the concurrence in writing
of the head of the agency from which the material shall have been transferred
[unless] (or if the existence of [that] such agency shall have been terminated
[;], then he shall not remove or relax such restrictions without the concurrence
of the successor in function, if any, of such agency head): Provided, however, That
statutory and other restrictions referred to in the provisos of this subsection shall
not remain in force or effect after the records have been in existence for fifty years
unless the Administrator by order shall determine with respect to specific bodies
of records that such restrictions shall remain in force and effect for a longer
period: And provided further, That restrictions on the use or examination of
records [in the custody of the Archivist] deposited with the National Archives of
the United States heretofore imposed and now in force and effectunder the terms
of section 3 of the National Archives Act, approved June 19, 1934, shall
continue in force and effect regardless of the expiration of the tenure of office
of the official who imposed them but may be removed or relaxed by the
[Archivist] Administrator with the concurrence in writing of the head of the
agency from which [the] material has been transferred [or by the Archivist
alone (or if the existence of [that] such agency shall have been terminated
[.], then with the concurrence in writing of his successor in function, if any).
[Snc. 4. The] (Sec. 50f.) The Administrator shall have immediate custody
and control of the National Archives Building [and such other buildings, grounds,
and equipment as may from time to time become a part of the National Archives
Establishment (except as the same is vested by law in the Director of National
Buildings, Parks, and Reservations) ] and [their] its contents, [shall be vested
in the Archivist of the United States.] and shall have authority to design, construct,
purchase, lease, maintain, operate, protect, and improve buildings used by him for
the storage of records of Federal agencies in the District of Columbia and elsewhere.
[Suc. 5. That] (Sec. 503. (a)) There is hereby created [also] a National
Historical Publications Commission [which] (Sec. 503. (d)) The Commission
shall make plans, estimates, and recommendations for such historical works and
collections of sources as [seem] it deems appropriate for [publication and/or]
I*aw printing or otherwise recording at the public expense[,]. The Commission shall
also cooperate with and encourage appropriate Federal, State, and local agencies and
nongovernmental institutions, societies, and individuals in collecting and preserving
and, when it deems such action to be desirable, in editing and publishing the papers
of outstanding citizens of the United States and such other documents as may be
important for an understanding and appreciation of the history of the United States.
The Chairman of the Commission shall transmit to the Administrator from time to
me and at least once annually, such lans, estimates, and recommendations as have
fen approved by the Commission. said Commission to consist of the Archivist
of the United States, who shall be its chairman; the historical adviser of the
Department of State; the chief of the historical section of the War Department,
General Staff; the superintendent of Naval records in the Navy Department; the
Chief of the Division of Manuscripts in the Library of Congress; and two members
of the American Historical Association appointed by the president thereof from
among those persons who are or have been members of the executive council of
the said association: Provided, That the preparation and publication of annual
and special reports on the archives and records of the Government, guides,
inventory lists, catalogs, and other instruments facilitating the use of the collec-
tions shall have precedence over detailed calendars and textual reproductions.
This Commission shall meet at least once a year, and the members shall serve
without compensation except repayment of expenses actually incurred in attending
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FED. L PROPERTY_ AND ADMINISTRATIVE SERVICEI5 ACT
meeting of the Commission.] (Sec. 503. (a)) 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 four years, by the President of the Senate; one Member of
the House of Representatives to be appointed, for a term of two years, by the Speaker
L the House of Representatives; one representative of the judicial branch of the
ernment to be appointed, for a term of four years, by the Chief Justice of the
United States; one representative of the Department of State to be appointed, for a
term of four years, by the Secretary of State; one representative of the Department of
Defense to be appointed, for a term of four years, by the Secretary of Defense; two
members of the American Historical Association to be appointed by the council of
the said association, one of whom shall serve an initial term of two years and the
other an initial term of three years, but their successors shall be appointed for terms
of four years; and two other members outstanding in the fields of the social or physical
sciences to be appointed by the President of the United States, one of whom shall
serve an initial term of one year and the other an initial term of three years, but their
successors shall be appointed for terms of four years. The Commission shall meet
annually and on call of the Chairman.
(b) Any person appointed to fill a vacancy in the membership of the Commission
shall be appointed only ,for the unexpired term of the member whom he shall succeed,
and his appointment shall be made in the same manner in which the appointment of
his predecessor was made.
(c) The Commission is authorized to appoint, without reference to the Classifica-
tion Act of 1949 (Public Law 429, 81st Congress, approved October 28, 1949), an
executive director and such editorial and clerical stzf as the Commission may deter-
mine to be necessary. Members of the Commission who represent any branch or
agency of the Government shall serve as members of the Commission without addi-
tional compensation. All members of the Commission shall be reimbursed for trans-
portation expenses incurred in attending meetings of the Commission, and all such
members other than those who represent any branch or agency of the Government of
the United States shall receive in lieu of subsistence 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
Commission shall prescribe.
[SEC. 6. That there is hereby further created a National Archives Council
composed of the Secretaries of each of the executive departments of the Govern-
ment (or an alternate from each department to be named by the Secretary thereof),
the Chairman of the Senate Committee on the Library, the Chairman of the House
Committee on the Library, the Librarian of Congress, the Secretary of the Smith-
sonian Institution, and the Archivist of the United States. The said Council shall
define the classes of material which shall be transferred to the National Archives
Building and establish regulations governing such transfer; and shall have power
to advise the Archivist in respect to regulations governing the disposition and use
of the archives and records transferred to his custody.] (Sec. 504.) The Adminis-
trator shall establish a Federal Records Council, and shall advise and consult with the
Council with a view to obtaining its advice and assistance in carrying out the purposes
of this title. The Council shall include representatives of the legislative, judicial,
and executive branches of the Government in such number as the Administrator shall
determine, but such Council shall include at least four representatives of the legislative
branch, at least two representatives of the judicial branch, and at least six representa-
tives of the executive branch. Members of the Council representing the legislative
branch shall be designated, in equal number, by the President of the Senate and the
Speaker of the House of Representatives, respectively. Members of the Council repre-
senting the judicial branch shall be designated by the Chef Justice of the United States.
The Administrator is authorized to designate from persons named by the head of any
executive agency concerned, not more than one representative from such agency to
serve as a member of the Council. Members of the Council shall serve without com-
pensation, 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 its
chairman, and shall meet at least once annually. -
[SEC. 6a.] (Sec. 507 (b)) * * * Provided, That whenever any records the
use of which is subject to statutory limitations and restrictions are so transferred,
[to the custody of the Archivist of the United States,] permissive and restrictive
statutory provisions with respect to the examination and use of such records
applicable to the head of the agency [having custody of them] from which the
records were transferred or to employees of that agency shall thereafter likewise
be applicable to the Administrator, the Archivist, [of the United States] and to
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FEDERAL the employees of the [National Archives Establishment] General Services Ad-
ministration respectively [:
[SEc. 7. 'The National Archives may also accept, store, and preserve] picture
507 (e)) The Administrator may accept for deposit (2, c films, still pictures, and sound recordings from private sources [pertaining to and
illustrative of historical activities of the United States, and in connection there-
with maintain a projecting room for showing such films and reproducing such
sound recordings for historical purposes and study.] that are appropriate for
preservation by the Government as evidence of its organisation, ,functions, polices,
decisions, procedures, and transactions. Title to materials so deposited under this
subsection shall pass to and vest in the United States.
. [Sac. S. That the National Archives shall have an official seal which will be
judicially noticed.
[The Archivist of the United States may make or reproduce and furnish
authenticated or unauthenticated copies of any of the documentary, photographic
not exempt from examination
t
h
are
a
or other archives or records in his custody t
as confidential or protected by subsisting copyright, and may charge therefor a
fee sufficient to cover the cost or expenses thereof. All such fees shall be paid
into, administered, and expended as a part of the National Archives Trust Fund
created by section 5 of the National Archives Trust Fund Board Act. There
shall be no charge for the making or authentication of such copies or reproductions
furnished to any department or other agency of the Government for official use.
When any such copy or reproduction furnished under the terms hereof is authen-
ticated by the official seal of The National Archives and certified by the Archivist
of the United States, or in his name attested by the head of any office or the chief
of any division of the National Archives designated by the Archivist with such
authority, it shall be admitted in evidence equally with the original from which
it was made.] iinc. 509. (b) There shall be an official seal for the Nationnalr rc fives
of the United States which shall be judicially noticed. When any copy
tion, furnished under the terms hereof, is authenticated by such official seal and Certi-
fied by the Administrator, such copy or reproduction shall be admitted in evidence
equally with the original from which it was made.
(c) The Administrator may charge a fee not in excess of 10 per centum above the
costs or expenses for making or authenticating copes or reproductions of materials
.transferred to his custody. All such fees shall be., paid into, administered, and ex-
pended as a part of the National Archives Trust Fund provided for in section 5 of the
Act approved July 9, 19/1. There shall be no charge for making or authenticating
,copies or reproductions of such materials for official use by the United States Govern-
ment: Provided, That reimbursement may be accepted to cover the cost of furnishing
such copies or reproductions, that could not otherwise be furnished.
[SEC. 8a.] SEc. 506. (d) Any official of the [United States] Government who
is authorized [to make certifications or determinations] to certify to facts on the
basis of records in his custody, is hereby authorized to [make certifications or
determinations] certify to facts on the basis of records that have been transferred
by him or his predecessors to the [custody of the Archivist of the United States]
Administrator.
[SEc. 9. That the Archivist shall make to Congress, at the beginning of each
regular session, a report for the preceding fiscal year as to the National Archives,
the said report including a detailed statement of all accessions and of all receipts
He shall also transmit to
t
tabiishmen
id
h
.
.
es
e sa
and expenditures on account of t
Congress the recommendations of the Commission on National historical Publica-
tions, and, on January 1 of each year, with the approval of the Council, a list or
description of the papers, documents, and so forth (among the archives and records
of the Government), which appear to have no permanent value or historical
interest, and which, with the concurrence of the Government agency concerned,
and subject to the approval of Congress, shall be destroyed or otherwise effectively
,disposed of.]
[SEC. 10. That there are hereby authorized such appropriations as may be
necessary for the maintenance of the National Archives Building and the adminis-
tration of the collections, the expenses, and work of the Commission on National
Historical Publications, the supply of necessary equipment and expenses incidental
to the operations aforesaid, including transfer of records to the Archives Building;
printing and binding; personal services in the District of Columbia and elsewhere;
travel and subsistence and per diem in lieu of subsistence, notwithstanding the
provisions of any other Acts; stenographic services by contract or otherwise as
may be deemed necessary; purchases and exchange of books and maps;] (Sec. 7.
(g)) striking out the period at the end of section 603 (a) thereof and inserting in lieu
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
thereof a comma and the following: "including payment in advance, when authorized
by the [Archivist] Administrator, for library memberships in societies whose publi-
cation are available to members only or to members at a price lower than that
charged to the general public[;] . [purchase, exchange, and operation of motor
vehicles; and all absolutely necessary contingent expenses, all to be expended under
the direction of the Archivist, who shall annually submit to Congress estimates
therefor in. the manner prescribed by law.]
[SEc. 11. All Acts or parts of Acts relating to the charge and superintendency,
custody, preservation, and disposition of official papers and documents of executive
departments and other governmental agencies inconsistent with the provisions of
this Act are hereby repealed.]
SEC. 6. The Federal Property and Administrative 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) redesignating sections 501-505, inclusive, of such Act, respectively, as sections
601-605, inclusive, thereof, and wherever any such section number appears in such
Act as originally enacted, it is amended to conform in numbering to the redesignation
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. 506. Records management; the Administrator.
"Sec. 500. Records management; agency heads.
"Sec. 507. Archival adntinietration.
"See. 508, Reports.
'Sec. 509. Legal status of re roductions.
'Sec. 510. Limitation on liability.
"See. 511. Definitions."
(d) inserting, immediately following title IV thereof, the following new title:
"TITLE V-FEDERAL RECORDS
"SHORT TITLE
"SEc. 501. This title may be cited as the'Federal Records Act of 1950'.
"RECORDS MANAGEMENT: THE ADMINISTRATOR
"SEc. 505. (a) The Administrator shall make provisions for the economical and
efficient management of records of Federal agencies (1) by analyzing, developing,
promoting, and coordinating standards, procedures, and techniques designed to
improve the management of records, to insure the maintenance and security of records
deemed appropriate for preservation, and to facilitate the segregation and disposal of
records of temporary value, and (2) by promoting the efficient and economical utili-
zation of space, equipment, and supplies needed for the purpose of creating, main-Aft
taining, storing, and servicing records.
"(b) The Administrator shall establish standards for the selective retention of
records of continuing value, and assist Federal agencies in applying such standards
to records in their custody; and 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 removed and for such other redress as
may be provided by law.
' (d) The Administrator is authorized to establish, maintain, and operate records
centers for the storage, processing, and servicing of records ,for Federal agencies pend-
ing 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
regulations governing the transfer of records from the custody of one executive agency
to.that of another.
"(f) The Administrator may empower any Federal, agency, upon the submission
of evidence of need therefor, to retain records for a longer period than that specified
in disposal schedules approved by Congress, and, in accordance with regulations
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 45
Vromulgated by him, may Withdraw disposal authorizations covering records listed
vn disposal schedules approved by Congress.
"RECORDS MANAGEMENT; AGENCY HEADS
"Sac. 506 (a) The head of each Federal agency shall cause to be made and pre-
served records containing adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential transactions of the agency and
designed to furnish the information necessary to protect the legal and financial rights
of the Government and of persons directly affected by the agency's activities.
"(b) The head of each Federal agency shall establish and maintain an active, con-
tinuing program 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 applying standards, procedures, and
techniques designed to improve the management of records, promote the maintenance
and security of records deemed appropriate for preservation, and facilitate the segre-
gation and disposal of records of temporary value; and (3) compliance with the pro-
visions of this title and the regulations issued thereunder.
"(c) Whenever the head of a Federal agency determines that substantial economies 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 Administrator or, when approved by the Administrator,
in such a center maintained and operated by the head of such Federal agency.
"(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 regulations of the Administrator. Such 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 except in accordance with the provisions of the
1945 (59
Act approved July y 7naties (57 by law for the amended
destruction
lt34) , and (2) pe provided of records.
"(f) The head of each Federal agency shall notify the Administrator of any actual,
impending, or threatened unlawful removal, defacing, alteration, or destruction of
records in the custody of the agency of which he is the head that shall come to his
attention, and with the assistance of the Administrator shall initiate action through
the Attorney General for the recovery of records he knows or has reason to believe have
been unlawfully removed from his agency, or from any other Federal agency whose
records have been transferred to his legal custody.
"(g) Nothing in this title shall be construed as limiting the authority of the Comp-
troller General of the United States with respect to prescribing accounting systems,
forms, and procedures, or lessening the responsibility of collecting and disbursing
officers for rendition of their accounts for settlement by the General Accounting Office,
"SEC. 507. (c) The Administrator shall make provisions for the preservation,
arrangement, repair and rehabilitation, duplication and reproduction (including
d microcopy publications), description, and exhibition of records transferred to him
as may be needful or appropriate, including the preparation and publication of in-
ventories, indexes, catalogs, and other finding aids or guides facilitating their use;
and, when approved by the National Historical Publications Commission, he may
also publish such historical works and collections of sources as seem appropriate for
printing or otherwise recording at the public expense.
"(d) The Administrator shall make such provisions and maintain such facilities
as he deems necessary or desirable for servicing records in his custody that are not
exempt from examination by statutory provisions or other restrictions.
The Administrator is hereby authorized 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 Government and its activities, and to make pro-
visions for preparing, editing, titling, scoring, processing, duplicating, reproducing,
exhibiting, and releasing for nonprofit educational purposes motion-picture films,
still pictures, and sound recordings in his custody.
'- 01 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).
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46 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICE'S ACT
"(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 regarding means of correcting them. Un-
less 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 STATUS OF REPRODUCTIONS
"SEC. 509. (a) Whenever any records that are required by statute to be retained
indefinitely have been reproduced by photographic, microphotographic, or other
processes, in accordance with standards established by the Administrator, the inde-
finite retention of .-,,Th photographic, microphotographic, or other reproductions will
be deemed to constitute compliance with the statutory requirement for the indefinite
retention of such original records. Such reproductions, as well as reproductions made
in compliance with regulations promulgated to carry out this title, shall have the same
legal status as the originals thereof.
"LIMITATION ON LIABILITY
"SEC. 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
infringement 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; 4f U. S. C.
866);
"(b) The term `records center' means an establishment maintained by the Admin-
istrator or ba Federal agency primarily for the storage, servicing, security, and
processing 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 Administrator-
." (1) by furnishing such records or other materials, or information from such
records or other materials, or copies or reproduction thereof to agencies of the
Government for official use and to the public; and
"(2) by making and furnishing authenticated or unauthenticated copies or
reproductions of such records and other materials;
"(d) The term `National Archives of the United States' means those o f cial 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
aece led by the Administrator for deposit in his custody;
(e) The term 'unauthenticated copies' means exact copies or reproductions of
records or other materials that are not certified as such under seal and that need not be
legally accepted as evidence; and
"(f The term `Archivist' means the Archivist of the United States."
RECORDS DISPOSAL ACT, APPROVED JULY 7, 1943, AS AMENDED
(44 U. S. C. 366-380)
Si;c. 2. The National Archives Council] (The Administrator) 1 shall [pro-
mulgate] (prescribe) I regulations, not inconsistent with this Act, establishing (1)
procedures for the compiling and submitting to the Archivist of the United States
of lists and schedules of records proposed for disposal, (2) procedures for the
disposal of records authorized for disposal, and (3) standards for the reproduction
of records by photographic or microphotographic processes with a view to the
disposal of the original records. Such regulations, when approved by the Presi-
dent, shall be binding on all agencies of the United States Government.
1 Sec. 295 (c) of the Federal Property and Administrative. Services Act of 1949 includes the provision that
the `Administrator shall prescribe such regulations as he deems necessary to effectuate his functions under
this Act * * .
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FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 47
SEC. 4. The [Archivist] (Administrator)2 shall submit to Congress, at such
times as he shall deem expedient, the lists or schedules submitted to him in ac-
cordance with the provisions of section 3 of this Act, or parts of such lists or
schedules, and lists or schedules of any records in his legal custody, insofar as
it shall appear to him that the records listed in such lists or schedules do not,
or will not after the lapse of the period specified, have sufficient administrative,
legal, research, or other value to warrant their continued preservation by the
United States Government: Provided, That the [Archivist] (Administrator) 2
shall not submit to Congress lists or schedules of records of any existing agency
of the Government in his legal custody without first having obtained the written
consent of the head of such agency.
The [Archivist] (Administrator)2 may also submit to Congress, [together with
recommendations of the National Archives Council with respect thereto, and]
at such times as he may deem expedient, schedules proposing the disposal, after
the lapse of specified periods of time, of records of a specified form or character
common to several or all agencies that either have accumulated or may accumulate
in such agencies and that apparently will not, after the lapse of the periods
specified, have sufficient administrative, legal, research, or other value to warrant
their further preservation by the United States Government.
q j (Sec. 7. (e)) amending subsection 602 (b) to read as follows:
"(b) There are hereby superseded-
' * * * *
"(3) 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
tat. 381, as amended; 44 U. S. C. 367 and 369), to the extent that the provisions
thereof are inconsistent with the provisions of title V of this Act.
2 See. 104 (a) of the Federal Property and Administrative Services Act of 1949 includes the provision
that there "are transferred to the Administrator (1) the functions of the Archivist of the United States,,
except that* * * .
O
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