H.R. 3987 AS ORDERED REPORTED THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT OF 1984 AND S. 905 AS REPORTED (SAME TITLE)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001201600007-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 21, 2016
• Document Release Date: November 6, 2008
• Sequence Number: 7
• Publication Date: April 13, 1984
• Content Type: MEMO

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Chrono
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
April 13, 1984
RAL INTELLIGENCE AGENCY
b`{-l~3lj
NATIONAL SECURITY COUNCIL
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
VETERANS ADMINISTRATION
DEPARTMENT
OF
HEALTH AND HUMAN SERVICES
DEPARTMENT
OF
AGRICULTURE
DEPARTMENT
OF
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT
OF
TRANSPORTATION
GENERAL SERVICES ADMINISTRATION
SMALL BUSINESS ADMINISTRATION
SUBJECT: H.R. 3987, as ordered reported, the "National Archives
and Records Administration Act of 1984," and S. 905,
as reported (same title).
The Office of Management and Budget requests the views of
your agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
No. A-19.
If you object to either of the above-referenced bills, or any
of their provisions, please submit a proposed bill report addressed
to the appropriate Congressional committee to OMB for clearance
as soon as possible. We want to clear proposed bill reports
no later than April 20, 1984.
Direct your questions to Gregory Jones c395-3856), of this office.
V-1
Jam7V''Z 4r, i
Assistant Director for
Legislative Reference
Enclosure (H.R. 3987 enclosed; S. 905 not enclosed).
cc: Mary Ann Chaffee Frank Reeder Jerry Coffee Roger Greene
Frank White
DEPARTMENT OF JUSTICE
DEPARTMENT OF THE TREASURY
DEPARTMENT'OF DEFENSE
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APRIL 5, 1984
[Showing H.R. 3987, As Reported by the Subcommittee on
Legislation and National Security]
98TH CONGRESS
2D SESSION R He R. 3987
STAT
To improve the preservation and management of Federal records, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1983
Mr. BROOKS (for himself and Mr. ENGLISH) introduced the following bill; which
was referred to the Committee on Government Operations
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 27, 1988]
A BILL
To improve the preservation and management of Federal
records, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 fives of the United States of America in Congress assembled,
3 That this Act may be cited as the "'r'ational Archives and
4 Records Administration Act of 1984".
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1 TITLE I-ESTABLISHMENT OF AN INDEPEND-
2 ENT NATIONAL ARCHIVES AND RECORDS
3 ADMINISTRATION
4 ESTABLISHMENT
5 SEc. 101. Section 2102 of title 44, United States
6 Code, is amended to read as follows:
7 "?2102. Establishment
8 "There shall be an independent establishment in the ex-
9 ecutive branch of the Government to be known as the Nation-
10 al Archives and Records Administration. The Administration
11 shall be administered under the supervision and direction of
12 the Archivist.
13 ORGANIZATION AND GENERAL AUTHORITY
14 SEC. 102. (a) Chapter 21 of title 44, United States
15 Code, is amended-
16 (1) by redesignating sections 2103 through 2114
17 as sections 2107 through 2118, respectively; and
18 (2) by inserting after section 2102 the following
19 new sections:
20 '12103. Officers
21 "(a) The Archivist of the United States shall be ap-
22 pointed by the President by and with the advice and consent
23 of the Senate. The Archivist shall be appointed without
24 regard to political affiliations and solely on the basis of the
25 professional qualifications required to perform the duties and
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3
I responsibilities of the office of Archivist. The Archivist may
2 be removed from office by the President. The President shall
3 communicate the reasons for any such removal to each
4-of the Congress.
5 "(b) The Archivist shall be compensated at the rate pro-
6 vided for level III of the Executive Schedule under section
7 5314 of title 5.
8 "(6) There shall be in the Administration a Deputy Ar-
9 chivist of the United States, who shall be appointed by and
10 who shall serve at the pleasure of the Archivist. The Deputy
11 Archivist shall be established as a career reserved position in
12 the Senior Executive Service within the meaning of section
13 3132(a)(8) of title S. The Deputy Archivist shall perform
14 such functions as the Archivist shall designate. During any
15 absence or disability of the Archivist, the Deputy Archivist
16 shall act as Archivist. In the event of a vacancy in the office
17 of the Archivist, the Deputy Archivist shall act as Archivist
18 until an Archivist is appointed under subsection (a).
19 "?2104. Administrative provisions
20 "(a) The Archivist shall prescribe such policies, stand-
21 ands, criteria, procedures, rules, and regulations as the Archi-
22 vist finds necessary or appropriate to carry out the functions
23 of the Administration. The head of each Federal agency shall
24 issue such orders and directives as may be necessary to con-
25 form the activities of the agency with the policies, standards,
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1 criteria, procedures, rules, and regulations prescribed by the
2 Archivist.
3 "(b) Except as otherwise expressly provided by law, the
4 Archivist may delegate functions to designated officers and
5 employees of the Administration, and may authorize such
6 successive redelegations of such functions as the Archivist
7 may deem to be necessary or appropriate. A delegation of
8 functions by the Archivist shall not relieve the Archivist of
9 responsibility for the administration of such functions.
10 "(c) The Archivist is authorized to establish, maintain,
11 alter, or discontinue such regional, local, or other field offices
12 as the Archivist finds necessary or appropriate to perform the
13 functions of the Archivist or the Administration.
14 "(d) The Archivist may establish advisory committees to
15 advise him with respect to any function of the Archivist or
16 the Administration. Members of any such committee shall
17 serve without compensation but shall be entitled to transpor-
18 tation expenses and per diem in lieu of subsistence in accord-
19 ance with section 5703 of title 5.
20 "(e) The Archivist shall advise and consult with inter-
21 ested Federal agencies with a view to obtaining their advice
22 and assistance in carrying out the purposes of this chapter.
23 "(f) Each Federal agency is required to furnish to the
24 Archivist, upon request, any information or other data which
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I the Archivist finds necessary to carry out the duties of the
2 Archivist.
"(g) If authorized by the Archivist, officers and employ-
4 ees of the Administration having investigatory functions are
5 empowered, while engaged in the performance of their duties
6 in conducting investigations, to administer oaths.
7 "? 2105. Personnel and services
8 "(a) The Archivist is authorized to select, appoint,
9 employ, and fix the compensation of such officers and em-
10 ployees, pursuant to part 111 of title 5, as are necessary to
11 perform the functions of the Archivist and the Administra-
12 t ion.
13 "(b) The. Archivist is authorized to obtain the services of
14 experts and consultants under section 3109 of title 5.
15 "(c) Notwithstanding the provisions of section 973 of
16 title 10 or any other provision of law, the Archivist, in carry-
17 ing out the functions of the Archivist or the Administration,
18 is authorized to utilize in the Administration the services of
19 officials, officers, and other personnel in other Federal agen-
20 cies, including personnel of the armed services, with the con-
21 sent of the head of the agency concerned.
22 "(d) The Archivist is authorized to accept and utilize
23 voluntary and uncompensated services.
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"?2106. Reports to Congress
2 "The Archivist shall submit to the Congress, in Janu-
3 ary of each year and at such other times as the Archivist
4 finds appropriate, a report concerning the administration of
5 functions of the Archivist and the Administration. ".
6 (b) Section 2101 of title 44, United States Code, is
7 amended-
8 (1) by designating the two indented paragraphs as
9 paragraphs (1) and (2), respectively,
10 (2) by striking out "sections 2103-2113 of this
11 title" in the matter preceding the first such paragraph
12 and inserting in lieu thereof "this chapter";
13 (3) by striking out the period at the end and in-
14 serting in lieu thereof a semicolon; and
15 (4) by adding at the end thereof the following new
16 paragraphs:
17 "(3) `Archivist' means the Archivist of the United
18 States appointed under section 2103;
19 "(4) `Administration' means the National Ar-
20 chives and Records Administration established under
21 section 2102; and
22 "(5) `Federal agency' means any executive de-
23 partment, military department, Government corpora-
24 tion, Government-controlled corporation, or other estab-
25 lishment in the executive branch of the Government
26 (including the Executive Office of the President), any
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l independent regulatory agency, or any establishment in
2 the legislative or judicial branch of the Government
3 (except the Senate and the House of Representa-
4 lives).
5 (c)(1) The table of sections for chapter 21 of title 44,
6 United States Code, is amended to read as follows:
7 "CHAPTER 21-NATIONAL ARCHIVES AND RECORDS
8 ADMINISTRATION
"Sec.
"2101. Definitions.
"2102. Establishment.
"2103. Officers.
"2104. Administrative provisions.
"2105. Personnel and services.
"2106. Reports to Congress.
"2107. Acceptance of records for historical preservation.
"2108. Responsibility for custody, use, and withdrawal of records.
"2109. Preservation, arrangement, duplication, exhibition of records.
"2110. Servicing records.
"2111. Material accepted for deposit.
"2112. Presidential archival depository.
"2113. Depository for agreements between States.
"2114. Preservation of motion-picture films, still pictures, and sound recordings.
"2115. Reports; correction of violations.
"2116. Legal status of reproductions; official seal, fees for copies and reproductions.
"2117. Limitation on liability.
"2118. Records of Congress.":
9 (2) The item relating to chapter 21 in the table of chap-
10 ters for title 44, United States Code, is amended to read as
11 follows:
"21. National Archives and Records Administration ........................ 21O1
12
TRANSFERS
13 SEC. 103. (a) The National Archives and Records
14 Service of the General Services Administration is trans-
15 ferred to the National Archives and Records Administration.
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1 (b)(1) All functions which were assigned to the Admin-
2 istrator of General Services by section 6 of Executive Order
3 No. 10530 of May 11, 1954 (19 Fed. Reg. 2709; relating to
4 documents and the Administrative Conference of the Federal
5 Register), and by Executive Order No. 11440 of December
6 11, 1968 (33 Fed. Reg. 18475; relating to supplemental use
7 of Federal exhibits and displays), shall be exercised by the
8 Archivist of the United. States.
9 (2) All functions pertaining to the maintenance, oper-
10 ation, and protection of a Presidential archival depository
11 which were assigned to the Administrator of General Serv-
12 ices by the Act of September 6, 1965 (Public Law 89-169,
13 79 Stat. .648), relating to the Lyndon Baines Johnson Presi-
14 dential Archival Depository, and by the Act of August 27,
15 1966 (Public Law 89-547, 80 Stat. 370) and the Act of
16 May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating to
17 the John Fitzgerald Kennedy Library, shall be exercised by
18 the Archivist of the United States.
19 (3) All functions which were assigned to the Adminis-
20 trator of General Services by the sections 5.1(b) and 5.2(a)
21 of Executive Order No. 12356 of April 2, 1982 (relating to
22 national security information and the Information Security
23 Oversight Office), shall be exercised by the Archivist of the
24 United States.
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1 (c) Prior to the appointment and confirmation of an in-
2 dicidual to serve as Archivist of the United States under sec-
3 lion 2103 of title 44, United States Code, the individual
4 holding the office of Archivist of the United States on the day
5 before the effective date of this Act may serve as Archivist
6 under such section, and while so serving shall be compensat-
e ed at the rate provided under subsection (b) of such section.
8 TRANSFER OF PERSONNEL
9 SEc. 104. (a) Except as otherwise provided in this Act,
10 the personnel employed in connection with, and the assets,
11 liabilities, contracts, property, records, and unexpended bal-
12 ances of appropriations, authorizations, allocations, and other
13 funds employed, held, used, arising from, available to or to be
14 made available in connection with the functions and agencies
15 transferred by this Act or the amendments made by this Act,
16 subject to section 1531 of title 31, United States Code, are
17 transferred to the Archivist for appropriate allocation. A per-
18 centage of the funds and associated positions in the General
19 Management and Administration appropriation for the Gen-
20 eral Services Administration, proportionate to the percentage
21 of National Archives and Records Service employees in the
22 General Services Administration, is transferred to the Archi=
23 vist for appropriate allocation. Unexpended funds transferred
24 pursuant to this subsection shall be used only for the pur-
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1 poses for which the funds were originally authorized and
appropriated.
3 (b) The transfer pursuant to this title of full-time per-
4 sonnel (except special Government employees) and part-time
5 personnel holding permanent positions shall not cause any
6 such employees to be separated or reduced in grade or com-
i pensation for one year after such transfer or after the effective
8 date of this Act, whichever is later.
9 SAVINGS PROVISIONS
10 SEC. 105. (a) All orders, determinations, rules, regula-
11 lions, grants, contracts, agreements, permits, licenses, privi-
12 leges, and other actions which have been issued, granted,
13 made, undertaken, or entered into in the performance of any
14 function transferred by this Act or the amendments made by
15 this Act shall continue in effect according to their terms until
16 modified, terminated, superseded, set aside, or revoked in ac-
17 cordance with law by any authorized official, a court of com-
18 petent jurisdiction, or by operation of law.
19 (b)(1) The transfer of functions by this Act and by the
20 amendments made by this Act shall not affect any proceed-
21 ings, including notices of proposed rulemaking, or any appli-
23
cation for any license, permit, certificate, or financial assist-
ance pending on the effective date of this Act before the Gen-
24 Fral Services Administration; but such proceedings and ap-
25 plications. to the extent that they relate to the functions so
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