NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT OF 1984

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• Publication Date: August 2, 1984
• Content Type: OPEN SOURCE

August 2, 1984
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CONGRESSIONAL RECORD - HOUSE H 8325
the age of 66 at the Regional Medical
Center in Madisonville, KY.
Arnold Ligon will be remembered in
western Kentucky for his business suc-
cesses in the trucking industry and his
devotion to religious causes, particu-
larly church-related television. He was
described by Madisonville journalist
Susan Simmons in an obituary appear-
ing in the Madisonville Messenger on
July 31 as "a go-getter in the business
world who achieved prosperity and
success in the material world as well as
a close communion with his spiritual,
world." One of - Arnold Ligon's out-
standing achievements was the con-
struction of a Christian television sta-
tion in western Kentucky, a project on
which he spent hundreds of thousands
of dollars and countless hours of his
time.
I am proud to have represented this
outstanding businessman and philan-
thropist as his Congressman in the
U.S. House of Representatives, and I
am proud to have called Arnold Ligon
my friend.
Survivors include his lovely wife,
Mrs. Carol Ligon, of Madisonville;
three sons, Herb.Ligon, Jr., Tommy G.
Ligon, and James H. Ligon; one daugh-
ter, Deborah Ligon; and a sister, Mrs.
Bonnie Workman, all of Madisonville;
and six grandchildren. -
Funeral services for Arnold Ligon
are being held today at Life Center,
his home church in Madisonville, KY.
I extend my sympathy to the survi-
vors and friends of this outstanding
Kentuckian who was an inspiration to
those of us who, knew and loved him.
NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
ACT OF 1984
The SPEAKER. Pursuant to House
Resolution 534 and rule XXIII, the
Chair declares the House in the Com-
mittee of the Whole House on the
State of the Union for the further
consideration of the bill, H.R. 3987.
IN THE COMMITTEE OF THE WHOLE
Accordingly the House resolved
itself into the Committee of the
Whole House on the State of the
Union for the further consideration of
the bill (H.R. 3987) to improve the
preservation and management of Fed-
eral records, and for other purposes,
with Mr. GONzALzs in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Com-
mittee of the Whole rose on Monday,
July 30, 1984, all time for general
debate had expired.
Pursuant to the rule, the committee
amendment in the nature of a substi-
tute now printed in the reported bill
shall be considered by titles as an
original bill for the purpose of amend-
ment, and each title shall be consid-
ered as having been read.
The Clerk will designate section 1.
The text of section 1 is as follows:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "National Archives
and Records Administration Act of 1984".
Mr. BROOKS. Mr. Chairman, I
move to strike the last word.
Mr. Chairman, an editorial in Tues-
day's Washington Post, which I sent
to every Member, tell why it is so im-
portant for us to establish the Nation-
al Archives as an independent agency,
accountable and responsible for its
own operations. That editorial de-
scribed the magnificent exhibit at the
main Archives building to commemo-
rate the Archives' 50th anniversary
and went on to say:
As rich as the exhibit is, it contains only
the tiniest portion of the Archives' wealth-
a wealth that has threatened to overwhelm
the Archives since it was created. From the
start, the Archives lacked the resources
needed to catch up with more than 100
years of neglected records. After it was
buried within GSA, the Government's
housekeeping agency, it found it even
harder to make its case for the specialized
staff and resources that record preservation
requires. Without more control over its own
affairs, the Archives will be unable to keep
up with the burgeoning records of modern
Government, much lea to stop the deterio-
ration of old treasures.
Mr. Chairman, to establish the Ar-
chives as an independent agency,
armed with sufficient authority and
resources to do its job effectively, will
demonstrate to our constituents and
their children how much we value the
documentary history of our Nation
and how important it is that that his-
tory be preserved for generations to
come. H.R. 3987 will accomplish that
purpose, and I hope that it will
achieve favorable consideration today.
Mr. CLINGER. Mr. Chairman, will
the gentleman yield?
Mr. BROOKS. I yield to the gentle-
man from Pennsylvania.
Mr. CLINGER. I thank the gentle-
man for yielding to me.
Mr. Chairman, I would just like to
echo the gentleman's remarks about
the necessity for this very important
bill which would restore independence
to the Archives on its 50th anniversa-
ry, which I think is a very appropriate
time to do that.
Mr. Chairman, H.R. 3987 comes
before us at the right time and with
some remarkable history. The Senate,
with administration support, passed
companion legislation- by unanimous
consent. Both the chairman of the
Government Operations Committee
and the ranking Republican member
favor it. In hearings before our com-
mittee this spring, all witnesses from
private sector testified in favor of the
bill. The present and both former Ar-
chivists of - the United -States have
urged its passage. The Congressional
Budget Office finds that the passage
of the bill would involve a net offset
and would not create additional ad-
ministrative costs. The archival, his-
torical, library, and genealogical com-
munites strongly support H.R. 3987.
The purpose of the bill is to restore
the independence of the National Ar-
chives and Records Service separating
it from the General Services Adminis-
tration. As my colleagues know, it was
exactly 50 years ago that the Congress
created the National Archives and cre-
ated it as an independent agency. It is
appropriate that in this year in which
the Archives celebrates its golden an-
niversary we return it to that inde-
pendent status.
Let met quickly review the back-
ground to the independence question.
After the Second World War President
Truman appointed former President
Hoover to head a commission to con-
sider ways to streamline Federal func-
tions. That commission on organiza-
tion of the executive branch of the
Government amalgamated the record-
keeping functions of the then-inde-
pendent National Archives with the
newly created housekeeping agency,
the General Services Administration.
Then, as now, this was a misunder-
standing of the mission of the Nation-
al Archives.
Since that time, the -National Ar-
chives continues to be misallied with
the General Services Administration.
As we learned during our committee's
hearings, the basic missions of the two
are incompatible, and the Archives'
role as a cultural organization has
been diminished during its years in
GSA. For more than three decades
historians and Archivists have criti-
cized the placement of the Archives,
and it is now abundantly clear to every
observer that the Archives must be
separated from GSA.
Let me summarize the reasons for
separation:
The National Archives is a cultural
and educational organization serving
the Government, scholars, and the
public at large. The General Services
Administration is an administrative
conglomerate providing housekeeping
services to other Government agen-
cies.
The records of the Nation must be
managed by the best professional Ar-
chivists in the land, and managed in
accordance with established archival
principles.
The administrators of GSA-and
there have been eight in the last 12
years-have had neither the time, in-
clination, nor background to make
sound archival policy. Frankly, separa-
tion would benefit GSA as well as the
Archives by focusing its mission more
precisely.
The funding for the National Ar-
chives should be judged by the stand-
ards of a cultural and research organi-
zation. In the past, GSA has judged
Archives funding only on the princi-
ples of profit and loss. This is appro-
priate to other parts of GSA, but to-
tally unrealistic when applied to the
preservation of our documentary her-
itage.
Some critics of this legislation have
questioned whether this is the right
time for passage. They argue that we
have not considered all sides of the
issue. Let me point out that this is the
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H 8326 CONGRESSIONAL RECORD - HOUSE August 2, 1984
second consecutive Congress in which
this legislation has been introduced:
That oversight hearings for many
years have raised the issue of the ap-
propriateness of NARS placed within
GSA; that we have 34 years of the
record to look at. If anything, we have
moved too slowly, not too quickly.
These critics also suggest that the
problems of the Archives could be
solved by leaving it within GSA but
giving it greater autonomy. In fact,
they propose a collegial body for a
management structure. Now I ask the
Members of the House, how many of
you feel a committee could effectively
direct any agency, much less one
charged with protecting America's
heritage of documents? What the Ar-
chives needs is clear authority over its
professional program, not an author-
ity divided among GSA, an executive
director, and a management commit-
tee.
This is not the time to try out yet
one further experiment of manage-
ment upon the National Archives.
This is the time to complete the pas-
sage of the legislation to restore the
independent status of the Archives.
This bill neither strips the Archives of
essential functions nor does it add un-
related authorities to the Archives. It
maintains the archival programs as a
coherent whole. It gives the Archives
control of its essential support serv-
ices. That's all it does, but that is
enough.
Mr. Chairman, my colleagues, let us
rectify the mistake we make in 1949.
Let us remove this agency that guards
our fundamental historic documents
from an umbrella agency largely con-
cerned with materialistic ends. Let us
restore the independent status of the
National Archives as a hallmark of the
dignity we ascribe to the protection
and the preservation of our Nation's
documentary heritage.
Mr. BROOKS. Mr. Chairman, I
thank Mr. CLINGER for his dedication
to the preservation of our national
records. He has long been a historian,
and we appreciate his contribution.
The CHAIRMAN. The Clerk will
designate title I.
Mr. BROOKS. Mr. Chairman, I ask
unanimous consent that the commit-
tee amendment in the nature of a sub-
stitute be printed in the RrscoRD and
open to amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas?
There was no objection.
The text of H.R. 3987, following sec-
tion 1, is as follows:
TITLE I-ESTABLISHMENT OF AN INDE-
PENDENT NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
ESTABLISHMENT
SEc. 101. Section 2102 of title 44, United
States Code, is amended to read as follows:
"12102. Establishment
"There shall be an independent establish.
ment in the executive branch of the Govern-
ment to be known as the National Archives
and Records Administration. The Adminis.
tration shall be administered under the su-
pervision and direction of the Archivist.":
ORGANIZATION AND GENERAL AUTHORITY
SEC. 102. (a) Chapter 21 of title 44, United
States Code, is amended-
(1) by redesignating sections 2103 through
2114 as sections 2107 through 2118, respec-
tively; and
(2) by inserting, after section 2102 the fol-
lowing new sections:
"02103. Offkers
"(a) The Archivist of the United States
shall be appointed by the President by and
with the advice and consent of the Senate.
The Archivist shall be appointed without
regard to political affiliations and solely on
the basis of the professional qualifications
required to perform the duties and responsi-
bilities of the office of Archivist. The Archi-
vist may be removed from office by the
President The President shall communicate
the reasons for any such removal to each
House of the Congress.
"(b) The Archivist shall be compensated at
the rate provided for level III of the Execu-
tive Schedule under section 5314 of title 5.
"(e) There shall be in the Administration a
Deputy Archivist of the United States, who
shall be appointed by and who shall serve at
the pleasure of the Archivist The Deputy Ar-
chivist shall be established as a career re-
served position in the Senior Executive
Service within the meaning of section
3132(a)(8) of title 5. The Deputy Archivist
shall perform such functions as the Archi-
vist shall designate. During any absence or
disability of the Archivist, the Deputy Archi-
vist shall act as Archivist In the event of a
vacancy in the office of the Archivist, the
Deputy Archivist shall act as Archivist until
an Archivist is appointed under subsection
(a).
'T 2104. Administrative provisions
"(a) The Archivist shall prescribe such
policies, standards, criteria, procedures,
rules, and regulations as the Archivist finds
necessary or appropriate to carry out the
functions of the Administration. The head of
each Federal agency shall issue such orders
and directives as may be necessary to con-
for7n the activities of the agency with the
policies, standards, criteria, procedures,
rules, and regulations prescribed by the Ar-
chivist
"(b) Except as otherwise expressly provid-
ed by law, the Archivist may delegate func-
tions to designated officers and employees of
the Administration, and may authorize such
successive redelegations of such functions as
the Archivist may deem to be necessary or
appropriate. A delegation of functions by
the Archivist. shall not relieve the Archivist
of responsibility for the administration of
such functions.
"(c) The Archivist is authorized to estab-
lish, maintain, alter, or discontinue such re-
gional, local, or other field offices as the Ar-
chivist finds necessary or appropriate to
perform the functions of the Archivist or the
Administration.
"(d) The Archivist may establish advisory
committees to advise him with respect to
any function of the Archivist or the Admin-
istration. Members of any such committee
shall serve without compensation but shall
be entitled to transportation expenses and
per diem in lieu of subsistence in accord-
ance with section 5703 of title 5.
"(e) The Archivist shall advise and consult
with interested Federal agencies with a view
to obtaining their advice and assistance in
carrying out the purposes of this chapter.
"(f) Each Federal agency is required to
furnish to the Archivist, upon request, any
information or other data which the Archi-
vist finds necessary to carry out the duties
of the Archivist
"(g) If authorized by the Archivist, officers
and employees of the Administration having
investigatory functions are empowered,
while engaged in the performance of their
duties in conducting investigations, to ad-
minister oaths.
'12105. Personnel and services
"la/ The Archivist is authorized to select,
appoint, employ, and fix the compensation
of such officers and employees, pursuant to
part III of title 5, as are necessary to per-
form the functions of the Archivist and the
Administration.
"(b) The Archivist is authorized to obtain
the services of experts and consultants
under section 3109 of title 5.
"(c) Notwithstanding the provisions of
section 973 of title 10 or any other provision
of law, the Archivist, in carrying out the
functions of the Archivist or the Administra-
tion, is authorized to utilize in the Adminis-
tration the services of officials, officers, and
other personnel in other Federal agencies,
including personnel of the armed services,
with the consent of the head of the agency
concerned.
"(d) The Archivist is authorized to accept
and utilize voluntary and uncompensated
services.
"92106. Reports to Congress
"The Archivist shall submit to the Con-
gress, in January of each year and at such
other times as the Archivist finds appropri-
ate, a report concerning the administration
of functions of the Archivist and the Admin-
istration.":
(b) Section 2101 of title 44, United States
Code, is amended-
(1) by designating the two indented para-
graphs as paragraphs (1) and (2/, respective-
ly;
(2) by striking out "sections 2103-2113 of
this title"-in the matter preceding the first
such paragraph and inserting in lieu thereof
"this chapter',.
(3) by striking out the period at the end
and inserting in lieu thereof a semicolon;
and
(4) by adding at the end thereof the follow-
ing new paragraphs:
"(3) 'Archivist' means the Archivist of the
United States appointed under section 2103;
"(4) 'Administration' means the National
Archives and Records Administration estab-
lished under section 2102; and
"(5) 'Federal agency, notwithstanding sec-
tion 2901(13), means any executive depart.
ment, military department, Government
corporation, Government-controlled corpo-
ration, or other establishment in the execu-
tive branch of the Government (including
the Executive Office of the President), any
independent regulatory agency, or any es-
tablishment in the legislative or judicial
branch of the Government (except the
Senate and the House of Representatives).".
(c)(1) The table of sections for chapter 21
of title 44, United States Code, is amended
to read as follows:
"CHAPTER 21-NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
"Sec.
"2101. 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, duplica-
tion, exhibition of records.
"2110. Servicing records.
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August 2, 1984 CONGRESSIONAL RECORD - HOUSE
"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 re-
cordings.
"2115. Reports; correction of violations.
"2116. Legal status of reproductions; official
seal, fees for copies and repro-
ductions.
"2117. Limitation on liability. -
"2118. Records of Congress.": .
(2) The item relating to chapter 21 in the
table of chapters for title 44, United States
Code, is amended to read as follows:
"21. National Archives and Records Ad-
ministration ........................................ 2101 "
TRANSFERS
SEC. 103. (a) The National Archives and
Records Service of the General Services Ad-
ministration is transferred to the National
Archives and Records Administration.
(b)(1) All functions which were assigned to
the Administrator of General Services by
section 6 of Executive Order No. 10530 of
May 11, 1954 (19 Fed. Reg. 2709; relating to
documents and the Administrative Commit-
tee of the Federal Register), and by Execu-
tive Order No. 11440 of December 11, 1968
(33 Fed Reg. 18475; relating to supplemental
use of Federal exhibits and displays), shall
be exercised by the Archivist of the United
States.
(2) All functions pertaining to the mainte-
nance, operation, and protection of a Presi-
dential archival depository which were as-
signed to the Administrator of General Serv-
ices by the Act of September 6, 1965 (Public
Law_ 89-169, 79 Stat. 648), relating to the
Lyndon Baines Johnson Presidential Archi-
val Depository, and by the Act of August 27,
1966 (Public Law 89-547, 80 Stat. 370) and
the Act of May 26, 1977 (Public Law 95-34,
91 Stat. 174), relating to the John Fitzgerald
Kennedy Library, shall be exercised by the
Archivist of the United States.
(3) All functions which were assigned to
the Administrator of General Services by the
sections 5.1(b) and 5.2(a) of Executive Order
No. 12356 of April 2, 1982 (relating to na-
tional security information and the Infor-
mation Security Oversight Office), shrill be
exercised by the Archivist of the United
States.
(c) Prior to the appointment and confir-
mation of an individual to serve as Archi-
vist of the United States under section 2103
of title 44, United States Code, the individ-
ual holding the office of Archivist of the
United States on the day before the effective
date of this Act may serve as Archivist under
such section, and while so serving shall be
compensated at the rate provided under sub-
section (b) of such section.
TRANSFER OF PERSONNEL
SEC. 104. (a) Except as otherwise provided
in this Act, the personnel employed in con-'
nection with, and the assets, liabilities, con-
tracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed, held,
used, arising from, available to or to be
made available in connection with the func-
tions and agencies transferred by this Act or
the amendments made by this Act, subject to
section 1531 of title 31, United States Code,
are transferred to the Archivist for appropri-
ate allocation. A percentage of the funds and
associated positions in the General Manage-
ment and Administration appropriation for
the General Services Administration, pro-
portionate to the percentage of National Ar-
chives. and Records Service employees in the
General Services Administration, is trans-
ferred to the Archivist for appropriate allo-
cation. Unexpended funds transferred pur-
suant to this subsection shall be used only
for the purposes for which the funds were
originally authorized and appropriated.
(b) The transfer pursuant to this title of
full-time personnel (except special Govern-
ment employees) and part-time personnel
holding permanent positions shall not cause
any such employees to be separated or re-
duced-in grade or compensation for one year
after such transfer or after the effective date
of this Act, whichever is later.
SAVINGS PROVISIONS
SEC. 105. (a) All orders, determinations,
rules, regulations, grants, contracts, agree-
ments, permits, licenses, privileges, and
other actions which have been issued, grant-
ed, made, undertaken, or entered into in the
performance of any function transferred by
this Act or the amendments made by this Act
shall continue in effect according to their
terms until modified, terminated, supersed-
ed, set aside or revoked in accordance with
law by any authorized official, a court of
competent jurisdiction, or by operation of
law.
(b)(1) The transfer of functions by this Act
and by the amendments made by this Act
shall not affect any proceedings, including
notices of proposed rulemaking, or any ap-
plication for any license, permit, certificate,
or financial assistance pending on the effec-
tive date of this Act before the. General Serv-
ices Administration; but such proceedings
and applications, to the extent that they
relate to the functions so transferred, shall
be continued Orders shall be issued in such
proceedings, appeals shall be taken there-
from, and payments shall be made pursuant
to such orders, as if this Act had not been
enacted; and orders issued in any such pro-
ceedings shall continue in effect until modi-
fied, terminated, superseded, or revoked by
the Archivist, by a court of competent juris-
diction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit
the discontinuance or modification of any
such proceeding under the same terms and
conditions and to the same extent that such
proceeding could have been discontinued or
modified if this Act had not been enacted.
(2) The Archivist is authorized to promul-
gate regulations providing for the orderly
transfer of proceedings continued under
paragraph (1) from the General Services Ad-
ministration to the Administration.
(c) Except as provided in subsection (e)-
(1) the provisions of this Act and of the
amendments made by this Act shall not
affect actions commenced prior to the effec-
tive date of this Act, and
(2) in all such actions, proceedings shall
be had, appeals taken, and judgments ren-
dered in the same manner and effect as if
this Act had not been enacted.
(d) No action or other proceeding lawfully
commenced by or against any officer of the
United States acting in his or her official
capacity shall abate by reason of any trans-
fer of functions by this Act or by an amend-
ment made by this Act. No cause of action
by or against the General Services Adminis-
tration or by or against any officer thereof
in the official capacity of such officer shall
abate by reason of any such transfer offunc-
tions.
(e) If before the date on which this Act
takes effect, the General Services Adminis-
tration or any officer thereof in the official
capacity of such officer, is a party to an
action, and under this Act any function in
connection with such action is transferred
to the Archivist or any other official of the
Administration, then such action shall be
continued with the Archivist or other appro-
priate official of the Administration substi-
tuted or added as a party.
H 8327
(f) Orders and actions of the Archivist in
the exercise of functions transferred by this
Act or by amendments made by this Act
shall be subject to judicial review to the
same extent and in the same manner as if
such orders and actions had been by the in-
dividual holding the office of Archivist of
the United States on the day before the effec-
tive date of this Act or the Administrator of
General Services in the exercise of such
functions immediately preceding their
transfer. Any statutory requirements relat-
ing to notice hearings, action upon the
record, or administrative review that apply
to any function transferred by this Act or by
any amendment made by this Act shall
apply to the exercise of such function by the
Archivist.
REFERENCE
SEC. 106. With respect to any functions
transferred by this Act or by an amendment
made by this Act and exercised after the ef-
fective date of this Act, reference in any
other Federal law to the office of the Archi-
vist of the United States as in existence on
the date before the effective date of this Act,
or the National Archives and Records Serv-
ice of the General Services Administration,
or any office or officer thereof, shall be
deemed to refer to the Archivist or the Ad-
ministration.
CONFORMING AMENDMENTS
SEC. 107. (a)(1) Section 2107 of title 44,
United States Code, as redesignated by sec-
tion 102(a)(1), is amended-
(A) by striking out Administrator of Gen-
eral Services" and inserting in lieu thereof
'Archivist';-
(B) by striking out "Administrator" each
place it appears and inserting in lieu there-
of `Archivist';- and
(C) by striking out "section 2107" in para-
graph (4) and inserting in lieu thereof "sec-
tion 2111':
(2) Section 2108 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "the Administrator, the
Archivist of the United States, and to the
employees of the General Services Adminis-
tration" in subsection (a) and inserting in
lieu thereof "the Archivist and to the em-
ployees of the National Archives and
Records Administration";
(B) by striking out "and in consultation
with the Archivist of the United States" in
such subsection;
(C) by striking out "the Archivist and" in
the fifth sentence of such subsection;
(D) by striking out "Administrator of Gen-
eral Services" each place it appears and in-
serting in lieu thereof "Archivist", and
(E) by striking out 'Administrator" each
place it appears and inserting in lieu there-
of "Archivist".
(3) Section 2109 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist", and
(B) by inserting "and Records" immedi-
ately following "National Historical Publi-
cations":
(4) Section 2110 of such title, as redesig-
nated by section 102(a)(1), is amended by
striking out "Administrator of General Serv-
ices" and inserting in lieu thereof "Archi-
vist".
(5) Section 2111 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist', and
(B) by striking out "Administrator" and
inserting in lieu thereof "Archivist"
(6) Section 2112 of such title, as redesig-
nated by section 102(a)(1), is amended-
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(A) by striking out "Administrator of Gen- section (a) and inserting in lieu thereof "Ar- "(4) to establish such interagency commit-
eral services" and inserting in lieu thereof chivist of the United States" tees and boards as may be necessary to pro-
"Archivist';? (B) by striking out "Administrator" in the vide an exchange of information among
(B) by striking out "Administrator" each fourth sentence of such subsection and in- Federal agencies with respect to records
place it appears and inserting in lieu there- serting in lieu thereof "Archivist' management;
of 'Archivist', and (C) by striking out "transmit- to the Ad- "(5) to direct the continuing attention of
(C/ by striking out "section 2107" each ministrator" in the last sentence of such Federal agencies and the Congress on the
place it appears and inserting in lieu there- subsection and inserting in lieu thereof need for adequate policies governing records
of "section 2111": "make available to the public', and management;
(7) Sections 2113, 2114, and 2117 of such (D/ by striking out "General Services Ad- "(6) to conduct records management stud-
title, as redesignated by section 102(a)(1), ministration" in subsection (b) and insert- ies and, in his discretion, designate the
are amended by striking out "Administrator ing in lieu thereof "National Archives and heads of executive agencies to conduct
of General Services" and inserting in lieu Records Administration': records management studies with respect to
thereof `Archivist': (10) Section 2506 of such title is amend- establishing systems and techniques de-
(8) Section 2115 of such title, as redesig- ed- signed to save time and effort in records
nated by section 102(a)(1), is amended to (A) by striking out "Administrator of Gen- management;
read as follows: eral Services" in subsection (a) and insert- "(7) to conduct inspections or surveys of
"2115. Reportv correction of violations ing in lieu thereof `Archivist of the United the records and the records management
"(a) In carrying out their respective duties States'; and programs and practices within and between
and responsibilities under chapters 21, 25, (B) by striking out "Administrator" in Federal agencies;
29, 31, and 33 of this title the Archivist and subsection (b) and inserting in lieu thereof "(8) to report to the appropriate oversight
the Administrator may each obtain reports Archivist": and appropriations committees of the Con-
from Federal agencies on such agency's ac- (11) Section 2507 of such title is amended gress and to the Director of the Office of
tivities under such chapters, by striking out "Administrator of General Management and Budget annually and at
"(b) When either the Archivist or the Ad- Services" and inserting in lieu thereof "Ar- such other times as the Archivist or the Ad-
ministrator finds that a provision of any chivist of the United States'; ministrator (as the case may be) deems de-
such chapter has been or is being violated, (12) Section 2901 of such title is amend- sirable-
the Archivist or the Administrator shall (1) ed- (A) by striking out "27, " in the matter pre- "(A) on the results of activities conducted
inform in writing the head of the agency ceding pstrikinh out pursuant to paragraphs (1) through (7) of
concerned of the violation and make recom- this section, '
mendations for its correction; and (2) unless (B) by inserting before the semicolon at "(B) on evaluations of responses by Feder-
satisfactory corrective measures are inaugu- the end of Paragraph (2) the following: "to al agencies to any recommendations result-
rated within a reasonable time, submit a achieve adequate and proper documentation ing from inspections or studies conducted
written report of the matter to the President of the policies and transactions of the Feder- under paragraphs (6) and (7) of this section,
and the Congres': at Government and effective and economi- and
(9) Section 2116 of such title, as redesig- cal management of agency operations'; (C) to the extent practicable, estimates of
nated by section 102(a)(1), is amended- (C/ by striking out `Administrator" each costs to the Federal Government resulting
(A) by striking out "Administrator of Gen- place it appears in paragraphs (6), (9) , and from the failure of agencies to implement
eral Services" and inserting in lieu thereof (11) and inserting in lieu thereof 'Archi- such recommendations.
Archivist'; and vi and
(D) "(d) In addition, the Administrator, in
(B) by striking out "Administrator" and (Dl by redesignating paragraphs (12) and carrying out the responsibilities under sub-
inserting in lieu thereof "Archivist", (13) as paragraphs (13) and (14), respective- section (b) shall have the responsibility to
(10) Section 2118 of such title, as redesig- ly, and by inserting after paragraph (11) the
following new paragraph: promote economy and efficiency in the ae-
rated by section 102(a)(1), is amended by "(12) the term 'Archivist' means the Archi- lection and utilization of space, staff, equip-
ion" g out "General Services "Nation- vial of the United States;": ment and supplies for records manage-
tal Archives and inserting in and RnAdministration". thereof f "Nation- (13) Section 2902(7) is amended by insert- mint.
al 729 of f title : 44, ing "or the Archivist" after 'Administra- (16) Section 2906 of such title is amended
(b)(1) 1l Sections nRecords ec 710, 711, , and d 729
,: to read as follows:
United States Code, are amended by striking tor
out "Administrator (14)(A) Sections 2903 and 2907 of such '12906. Inspection of agency records
of General Services" title are amended by striking out "Adminis-
each place it appears and inserting in lieu Yas(1) and In resspon ooning out their i chap-
thereof 'Archivist of the United States",
(2) Section 1502 of such title is amended in n lieu lieu each thereof "place it appears appears and inserting ter, duties the Administrator of tortof under t thhis s General Services
by striking out "Administrator of General (B/ Sections 2905, 2908, and 2909 of such and the Archivist (or the designee of either)
Services" each place it appears and insert- title are amended by striking out "Adminis- may inspect the records or the records man-
ing in lieu thereof "Archivist of the United trator of General Services" each place it ap- agement practices and programs of any Fed-
States". pears and inserting in lieu thereof "Archi- eral agency solely for the purpose of render-
(3) Section 1503 of such title is amended- vist'. ing recommendations for the improvement
(A) by striking out "Administrator of Gen- (15) Section 2904 is amended to read as of records management practices and pro-
eral Services" and inserting in lieu thereof follows: grams. Officers and employees of such agen-
'Archivist of the United States",, '112904. General responsibilities for records man- cies shall cooperate fully in such inspec-
(B) by striking out "General Services Ad- agement Lions, subject to the provisions of para-
ministration" and inserting in lieu thereof "(a) The Archivist shall provide guidance graphs (2) and (3) of this subsection.
"National Archives and Records Adminis- and assistance to Federal agencies with re- "(2) Records, the use of which is restricted
tration';? and spect to ensuring adequate and proper docu- by law or for reasons of national security or
(C) by striking out "Administrator" and mentation of the policies and transactions the public interest shall be inspected, in ac-
inserting in lieu thereof "Archivist", of the Federal Government and ensuring cordance with regulations promulgated by
(4) Section 1506 of such title is amended is proper records disposition, the Administrator and the Archivist subject
amended by striking out the third sentence. "(b) The Administrator shall provide guid- to the approval of the head of the agency
(5) Section 1714 of such title is amended ance and assistance to Federal agencies to concerned or of the President. The regula-
by striking out "General Services Adminis- ensure economical and effective records tions promulgated by the Administrator and
tration" and inserting in lieu thereof "Na- management by such agencies, the Archivist under this paragraph shall, to
tional Archives and Records Administra- "(c) In carrying out their responsibilities the extent practicable, be identical.
tion", under subsection (a) or (b), respectively, the "(3/ If the Administrator or the Archivist
(6) Sections 2204(c)(1) and 2205 of such Archivist and the Administrator shall each (or the designee of either) inspects a record,
title are amended by striking out "National have the responsibility- as provided in this subsection, which is con-
Archives and Records Service of the General "(1) to promulgate standards, procedures, tained in a system of records which is sub-
Services Administration" and inserting in and guidelines with respect to records man- ject to section 552a of title 5, such record
lieu thereof "National Archives and Records agement and the conduct of records manage- shall be-
Administration", ment studies; "(A) maintained by the Administrator, the
(7) Section 2301 of such title is amended "(2) to conduct research with respect to Archivist or such designee as a record con-
by striking out the second sentence thereof. the improvement of records management tained in a system of records; or
(8) Section 2501 of such title is amended practices and programs; "(B) deemed to be a record contained in a
by striking out the last sentence thereof. "(3) to collect and disseminate informa- system of records for purposes of subsections
(9) Section 2504 is amended- lion on training programs, technological de- (b), (c), and (e/ of section 552a of title 5.
(A) by striking out "Administrator of Gen- velopments, and other activities relating to "(b) In conducting the inspection of
eral Services" in the third sentence of sub- records management; agency records provided for in subsection
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H 8330 CONGRESSIONAL RECORD - HOUSE August 2, 1984
#2303. Powers and obligations of the Board? li-
ability of members
"Except as otherwise provided by this
chapter, the Board shall have all the usual
powers and obligations of a trustee with re-
spect to property and funds administered by
14 but the members of the Board are not per-
sonally liable, except for malfeasance.
'92304 Compensation of members; availability of
trust funds for expenses of the Board
"Compensation may not be paid to the
members of the Board for their services as
members. Costs incurred by the Board in
carrying out its duties under this chapter,
including the obligations necessarily in-
curred by the members of the Board in the
performance of their duties, shall be paid by
the Archivist of the United States from trust
funds available to the Board for this pur-
pose. The Board, by resolution, may author-
ize the transfer of funds (including the prin-
cipal or interest of a gift or bequest) to the
National Archives and Records Administra-
tion to be expended on an archival or
records activity approved by the Board or to
accomplish the purpose of a gift or bequest.
12305 Acceptance of gifts
"The Board may solicit and accept gifts or
bequests of money, securities, or other per-
sonal property, for the benefit of or in con-
nection with the national archival and
records activities administered by the Na-
tional Archives and Records Administra-
tion. Moneys that are for deposit into the
trust fund shall be deposited within 10 work-
ing days of the receipt thereof.":
(b) Section 2307 of title 44, United States
Code, is amended to read as follows:
"12307. Trust fund account; disbursements sales
of publications and releases
"The income from trust funds held by the
Board and the proceeds from the sale of se-
curities and other personal property, as and
when collected, shall be covered into the
Treasury of the United States in a trust fund
account to be known as the National Ar-
chives Trust Fund, subject to disbursement
on the basis of certified vouchers of the Ar-
chivist of the United States (or his designee)
for activities approved by the Board and in
the interest of the national archival and
records activities administered by the Na-
tional Archives and Records Administra-
tion, including but not restricted to the
preparation and publication of special
works, and collections of sources and the
preparation, duplication, editing, and re-
lease of historical photographic materials
and sound recordings. The Archivist may
sell publications and releases authorized by
this section and paid for out of the income
derived from trust funds at a price which
will cover their cost plus 10 percent and
moneys received from these sales shall be
paid into, administered, and expended as
part of the National Archives Trust Fund.":
(c) The table of sections for chapter 23 of
title 44, United States Code, is amended by
striking out "employees;" in the item per-
taining to section 2302 and inserting in lieu
thereof "services; annual report;".
AUTHORITY TO LITIGATE
SEC. 203. (a) Section 2905(a) of title 44,
United States Code, is amended by adding
at the end thereof the following new sen-
tence: "In any case in which the head of the
agency fails to initiate an action for such
recovery or other redress within a reasona-
ble period of time after being notified of any
such unlawful action, the Archivist of the
United States shalt through the Attorney
General, initiate such an action; and the Ar-
chivist shall report the circumstances of any
such failure by the head of the agency, or of
any refusal of the Attorney General to initi-
ate such an action, to the appropriate com-
mittees of the Congress.".
(b) Section 3106 of title 44, United States
Code, is amended by adding at the end
thereof the following new sentence: "In any
case in which the head of the agency fails to
initiate an action for such recovery or other
redress within a reasonable period of time
after being notified of any such unlawful
action, the Archivist' of the United States
shall, through the Attorney General, initiate
such an action; and the Archivist shall
report the circumstances of any such failure
by the head of the agency, or of any refusal
of the Attorney General to initiate such an
action, to the appropriate committees of the
Congress.':
INSPECTION OF RECORDS
SEC. 204. Section 3301 of title 44, United
States Code, is amended-
(1) by inserting "(a)" before "As used in
this chapter, ';?
(2) by inserting "; as determined by the Ar-
chivist of the United States," after "public
business and preserved or" and
(3) by adding at the end thereof the follow-
ing new subsection:
"(b) The Archivist of the United States
shall, by regulation, establish detailed crite-
ria under which material shall be examined
to determine if it is a record as defined
under subsection (a) and such regulation.
The Archivist may have access, to determine
compliance with such subsection and such
regulations, to any material made or re-
ceived by an agency of the United States
Government.":
PUBLIC NOTICE
SEC. 205. Section 3303a(a) of title 44,
United States Code, is amended by inserting
", after publication of notice in the Federal
Register and an opportunity for interested
persons to submit comment thereon" imme-
diately after "may" in the second sentence
thereof.
TECHNICAL AMENDMENTS OFFERED BY MR.
BROOKS
Mr. BROOKS. Mr. Chairman, I have
a number of technical amendments at
the desk which I offer, and I ask unan-
imous consent that they be considered
en bloc.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas?
These was no objection.
The Clerk read as follows:
Technical amendments offered by Mr.
BROOKS: Page 6, line 5, strike out "The Ar-
chivist" and insert in lieu thereof "Notwith-
standing section 1342 of title 31. United
States Code, the Archivist".
Page 7, line 5, strike out "2901(13)" and
insert in lieu thereof "2901(14)".
Page 18, after line 14, insert the following
new subparagraph (and redesignate the suc-
ceeding subparagraphs accordingly):
(B) by inserting "and Records" alter "His-
torical Publications" in the fourth sentence
of such subsection;
Page 18, line 20, strike out,"'make avail-
able to the public"' and insert in lieu there-
of "'transmit to the President and the Con-
gress'
Page 29, strike out lines 8 throught 11 and
insert in lieu thereof the following:
(g) Section 552a of title 5, United States
Code, is amended-
(1) by striking out subsection (b)(6) and
inserting in lieu therof the following:
"(6) to the National Archives and Records
Administration as a record which has suffi-
cient historical or other value to warrant its
continued preservation by the United States
Government, or for evaluation by the Archi-
vist of the United States or the designee of
the Archivist to determine whether the
record has such value;"; and
(2) by striking out "Administrator of Gen-
eral Services" each place it appears in sub-
section (1)(1) and inserting in lieu thereof
"Archivist of the United States".
Page 30, strike out lines 8 through 10.
Page 33, line 1, insert after "duties" the
following: "and the compensation of persons
employed by the Board".
Page 36, line 9, strike out the close quota-
tion marks and following period and insert
in lieu thereof the following: "Access to
such material, and examination thereof, by
the Archivist shall be in compliance with all
other Federal laws and be subject to the
sanctions provided therein.".
At the end of the bill add the following
new title:
TITLE III-GENERAL PROVISIONS
EFFECTIVE DATE
SEC. 301. The provisions of this Act (in-
cluding the amendments made by this Act)
shall be effective on April 1, 1985.
SPENDING AUTHORITY
SEC. 302. Any new spending authority
(within the meaning of section 401 of the
Congressional Budget Act of 1974) which is
provided under this Act shall be effective
for any fiscal year only to the extent or in
such amounts as provided in appropriations
Acts.
Mr. BROOKS (during the reading).
Mr. Chairman, I ask unanimous con-
sent that the amendments be consid-
ered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas?
There was no objection.
Mr. BROOKS. Mr. Chairman, The
technical amendments which I am of-
fering make the following changes to
H.R. 3987, as reported:
First, add a reference to section 1342
of title 31 in the portion of the bill
dealing with use of volunteers by the
archivist;
Second, correct a reference to sec-
tion 2901(14);
Third, update a reference to the Na-
tional Historical Publications and
Record Commission;
Fourth, provide that the annual
report of the National Historical Pub-
lications and Records Commission
shall be transmitted to the President
and the Congress rather than simply
being made available to the public as
was provided for in the bill as report-
ed;
Fifth, make a conforming change to
the Privacy Act;
Sixth, strike out the current effec-
tive date provision in title I, to be re-
placed by an effective date for the
entire bill of April 1, 1985, in title III.
The technical amendments in title II
will grant the National Archives Trust
Fund Board the authority to compen-
sate trust fund employees from the
trust fund, and will make clear that
the Archivist's access and examination
of agency files in making records de-
terminations shall be in compliance
with all other Federal laws and will be
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subject to the sanctions that are pro-
vided in those laws.
A new title III also is added to the
bill to provide an effective date for the
act of April 1, 1986, and to specify that
any new spending authority within
the meaning of section 401 of the Con-
gressional Budget Act of 1974 provided
under this act shall be effective for
any fiscal year only to the extent or in
such amounts as are provided in ap-
propriations acts. The latter provision
will cure a technical conflict with the
Budget Act.
Mr. Chairman, again, these are tech-
nical amendments, and I think that
there is no objection to ahem by the
minority.
I yield to the gentleman from New
York [Mr. HORTONI.
Mr. HORTON. Mr. Chairman, I cer-
tainly agree with committee chairman,
these are technical amendments, and
they should be adopted.
Mr. BROOKS. Mr. Chairman I ask
for adoption of the amendment8.
The CHAIRMAN. The question Is on
the technical amendments offered by
the gentleman from Texas tMr.
BROOKS].
The amendments were agreed to.
The CHAIRMAN. Are there any fur-
ther amendments to this title or sec-
tion?
if not, are there amendments to any
other part of the bill?
AMENDMENT OFFERED RY M. BROOKS
Mr. BROOKS. Mr. Chairman. I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. BROOKS: Page
9, strike out lines I through S.
Mr. BROOKS. Mr. Chairman, as re-
ported out of the Committee on Gov-
ernment Operations, section 104 - of
H.R. 3987 would transfer the Informa-
tion Security Oversight Office from
GSA to the Independent Archives.
1800 is responsible for overseeing the
information security activities of Fed-
eral agencies. Both 1800 and GSA
contend that the effectiveness of
1500 in administering this program is
enhanced by Its being housed In an ion-
partial agency such as GSA. Both the
Office and GSA have urged that 3800
be retained within GSA, and this
amendment would accomplish that
purpose.
Mr. HORTON. Mr. Chairman, will
the gentleman yield?
Mr. BROOKS. I yield to the gentle-
man from New York.
(Mr. HORTON asked and was given
permission to revise and extend his re-
marks.)
Mr. HORTON. Mr. Chairman, this Is
a good amendment. It does delete the
transfer. I urge support for the
amendment.
This amendment would keep the In-
formation Security Oversight Office,
or ISOO, within the General Services
Administration.
ISOO oversees the activities of all
agencies dealing with classified infor-
mation, to ensure compliance with the
Executive order on the subject. It has
been successful in part- because it is
housed in an agency which is per-
ceived by all agencies to be impartial
between the competing demands of
protection and disclosure of Govern-
ment data.
The bill as reported would move
ISOO to the new National Archives
and Records Administration. Because
the Archives is generally a prodisclo-
sure agency, some concern has been
raised that the transfer would lessen
ISOO's effectiveness in dealing with
other agencies.
The -amendment deletes the trans-
fer, and is therefore responsive to that
concern. I am pleased to support It.
The CHAIRMAN. The question Is on
the amendment offered by the gentle-
man from Texas [Mr. BRooxsl.
The amendment was agreed to.
AMSLTME T OFFERED IT IM MOORS
Mr. BROOKS. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. BROOK& Page
27, after line 23, insert the following new
paragraph:
(4) Section 104 of such Act is amended-
(A) by striking out "Administrator" each
place ft appears and inserting in Sea thereof
"Archivist": and
(B) by striking out subsection (b) and In-
serting in lien thereof the following:
"(b) The regulations proposed by the Ar-
chivist in the report required by subsection
(a) shall not take effect until the expiration
of 60 legislative days after the date of the
submission of such regulations to each
House of the Congress. Far the purposes of
this subsection, the term legislative days'
does not include any day on which both
Houses of the Congress are not in session.".
Mr. BROOKS (during the reading).
Mr. Chairman. I ask unanimous oon-
sent that the amendment be consid-
ered as read and printed In the
RacoRn.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas?
There was no objection.
Mr. BROOKS. Mr. Chairman, this
amendment would make several con-
forming changes and one slightly
more substantive change to the Presi-
dential Recordings and Materials Pres-
ervation Act. That act, which provided
for the safekeeping oL the Nixon
tapes, contained a provision requiring
the Administrator of GSA to submit to
the Congress proposed regulations re-
garding public access to the record-
ings. This provision contained a legis-
lative veto requirement. In order to
avoid any possible conflict between
this requirement and the Supreme
Court's Chadha legislative veto deci-
sion, this amendment would change
the procedure to provide that the reg-
ulations would not take effect until
the expiration of 60 legislative days
after they were submitted. Changing
the requirement to a "report and
wait" provision will ensure effective
congressional oversight while avoiding
a possible constitutional problem.
^ 1800
Mr. HORTON. Mr. Chairman, will
the gentleman yield?
Mr. BROOKS. I yield to my friend,
the gentleman from New York.
Mr. HORTON. I thank the gentle-
man for yielding.
Mr. Chairman, I rise in support of
the amendment.
The law governing the Presidential
papers of President Nixon requires the
issuance of regulations to provide
public access to the materials. The law
permits either House of Congress to
veto the regulations.
Because the Supreme Court, in its
decision entitled fmmfpratton and
Naturaizatfgnn Service v. Chadha 1103
S.Ct. 2764 (1983)], has declared the
legislative veto to be unconstitutional,
the veto provision in this statute Is
now invalid.
The amendment preserves the right
of Congress to review the regulations,
even in the absence of a veto, by stipu-
lating that the regulations could not
take effect for 60 legislative days after
they are submitted to the Congress.
I believe that this is a reasonable
protection of congressional rights
within the constitutional provisions as
declared by the Supreme Court and I
support the amendment and urge its
adoption.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Texas [Mr. BRooKs].
The amendment was agreed to.
Are there any further amendments?
Mr. DORGAN. Mr. Chairman, I
move to strike the last word, and I rise
for the purpose of having a colloquy
with the chairman.
Mr. Chairman. since the enactment
of 26 U.S.C. 6103 in the Tax Reform
Act of 1976, the Congress has consist-
ently reflected the public's concern
that tax returns and tax return infor-
mation are confidential Disclosure of
this Information Is expressly prohibit-
ed except in specific situations delin-
eated in section 6103.
The Committee on Ways and Means,
on which I serve. Is concerned that
certain provisions of H.R. 3987 might
be misconstrued as indicating changed
congressional intent regarding the
confidentiality of tax records. We un-
derstand that basically H .R. 3987 Is a
reorganization bill which Is not intend-
ed to increase or diminish the current
authorities of the Archivist now vested
in the Administrator of the General
Services Administration [GSA]. How-
ever, so that there is no misunder-
standing, we believe that congressional
intent with respect to tax records
should be clearly reaffirmed and that
tax returns and return Information
may not be disclosed except as author-
ized by section 6103.
The Archivist has a mandate to col-
lect and preserve valuable documenta-
ry history of our country, an impor-
tant and often difficult Job. In certain
cases this may include tax records. On
the other hand. Congress, through
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H 8332 CONGRESSIONAL RECORD - HOUSE
section 6103, has balanced this archi-
val need with the high expectations of
privacy Americans have for their tax
records.
In the mid-1970's, Congress took a
number of actions with regard to the
privacy of U.S. citizens which culmi-
nated in the Privacy Act of 1974. Sub-
sequent review concerning the disclo-
sure of tax information by the Privacy
Protection Study Commission conclud-
ed that there was a need for a Federal
statute more stringent than either the
then existing tax disclosure law or the
Privacy Act. Accordingly, section 6103
was enacted in the 1976 Tax Act.
Thus, so that the legislative history
is clear, I would ask the distinguished
chairman of the Committee on Gov-
ernment Operations whether our un-
derstanding that H.R. 3987 is not in-
tended to change existing require-
ments with respect to tax records cov-
ered by section 6103 of the Internal
Revenue Code is correct?
Mr. BROOKS. If the gentleman will
yield, I would say to my distinguished
friend that as I stated Monday during
general debate on H.R. 3987, the bill
as reported by the committee makes
no amendment to current law regard-
ing the treatment of tax returns and
tax return information for archival
purposes. It is not the intent of the
committee to change the status quo of
the law regarding tax records in any
manner.
I also want to point out that we just
adopted an amendment which makes
clear that the Archivist's access and
examination of agency files in order to
make determination of what consti-
tutes a record "shall be in compliance
with all other Federal laws and be sub-
ject to the sanctions provided there-
in." This amendment, I believe, en-
sures the conformity of the Archivist's
actions in this regard to other statutes
already on the books.
Mr. DORGAN. Mr. Chairman, I
thank the Committee chairman for his
response.
The CHAIRMAN. Are there any fur-
ther amendments to the bill?
AMENDMENT OFFERED BY MR. KINDNESS
Mr. KINDNESS. Mr. Chairman, I
offer an amendment in the nature of a
substitute.
The Clerk read as follows:
Amendment in the nature of a substitute
offered by Mr. KINDNESS: Strike out all
after the enacting clause and insert in lieu
thereof the following:
TITLE I-ESTABLISHMENT OF THE NA-
TIONAL ARCHIVES AND RECORDS
SERVICE
ESTABLISHMENT
SEC. 101. Section 2102 of title 44, United
States Code, Is amended to read as follows:
"112102. Establishment
"There shall be an agency within the Gen-
eral Services Administration to be known as
the National Archives and Records Service.
The Service shall be administered under the
supervision and direction of the Archivist.".
ORGANIZATION AND GENERAL AUTHORITY
SEC. 102. (a) Chapter 21 of title 44, United
States Code, is amended-
(1) by redesignating sections 2103 through
2114 as sections 2107 through 2118, respec-
tively; and
(2) by inserting after section 2102 the fol-
lowing new sections:
"l12103. Officers
"(a) The Archivist of the United States
shall be appointed by the President by and
with the advice and consent of the Senate.
The Archivist may be removed from office
by the President. The President shall com-
municate the reasons for any such removal
to each House of the Congress.
"(b) The Archivist shall be compensated
at the rate provided for level III of the Ex-
ecutive Schedule under section 5314 of title
5.
"(e) There shall be In the Service a
Deputy Archivist of the United States, who
shall appointed by and who shall serve at
the pleasure of the Archivist. The Deputy
Archivist shall be established as a career re-
served position in the Senior Executive
Service within the meaning of section
3132(a)(8) of title 5. The Deputy Archivist
shall perform such functions as the Archi-
vist shall designate. During any absence or
disability of the Archivist. In the event of a
vacancy in the office of the Archivist, the
Deputy Archivist shall act as Archivist until
an Archivist is appointed under subsection
(a).
"112104. Administrative provisions
"(a) The Archivist shall prescribe such
policies, standards, criteria, procedures,
rules, and regulations as the Archivist finds
necessary or appropriate to carry out the
functions of the Service. The head of each
Federal agency shall issue such orders and
directives as may be necessary to conform
the activities of the agency with the poli-
cies, standards, criteria, procedures, rules,
and regulations prescribed by the Archivist.
"(b) Except as otherwise expressly provid-
ed by law, the Archivist may delegate func-
tions to designated officers and employees
of the Service, and may authorize such suc-
cessive redelegations of such functions as
the Archivist may deem to be necessary or
appropriate. A delegation of functions by
the Archivist shall not relieve the Archivist
of responsibility for administration of such
functions.
"(c) The Archivist is authorized to estab-
lish, maintain, alter, or discontinue such re-
gional, local, or other field offices as the Ar-
chivist finds necessary or appropriate to
perform the functions of the Archivist or
the Service.
"(d) The Archivist may establish advisory
committees to advise him with respect to
any function of the Archivist or the Service.
Members of any such committee shall serve
without compensation but shall be entitled
to transportation expenses and per diem in
lieu of subsistence in accordance, with sec-
tion 5703 of title 5.
"(e) The Archivist shall advise and consult
with interested Federal agencies with a view
to obtaining their advice and assistance in
carrying out the purposes of this chapter.
"(f) If authorized by the Archivist, offi-
cers and employees of the Administration
having investigatory functions are empow-
ered, while engaged in the performance of
their duties in conducting investigations, to
administer oaths.
"(g) In each annual appropriation request,
the Administrator shall identify the portion
thereof intended for the support of the
Service and include a statement by the Ar-
chivist (1) showing the amount requested by
the Service in its budgetary presentation to
the Administrator and (2) an assessment of
the budgetary needs of the Service.
August 2, .1984
"112105. Personnel and services
"(a) The Archivist is authorized to select,
appoint, employ, and fix the compensation
of such officers and employees, pursuant to
part III of title 5, as are necessary to per-
form the functions of the Archivist and the
Service.
"(b) The Archivist is authorized to obtain
the services of experts and consultants
under section 3109 of title 5.
"(c) Notwithstanding the provisions of
section 973 of title 10 or any other provision
of law, the Archivist, in carrying out the
functions of the Archivist or the Service, is
authorized to utilize in the Service the serv-
ices of officials, officers, and other person-
nel in other Federal agencies, including per-
sonnel of the armed services, with the con-
sent of the head of the agency concerned.
"(d) Notwithstanding section 1342 of title
31, United States Code, the Archivist is au-
thorized to accept and utilize voluntary and
uncompensated services.
"!12106. Reports to Congress
"The Archivist shall submit to the Con-
gress, in January of each year and at such
other times as the Archivist finds appropri-
ate, a report concerning the administration
of functions of the Archivist and the Serv-
ice.".
(b) Section 2101 of title 44, United States
Code, is amended-
(1) by designating the two indented para-
graphs as paragraphs (1) and (2), respective-
ly;
(2) by striking out "sections 2103-2113 of
this title" in the matter preceding the first
such paragraph and inserting in lieu thereof
"this chapter";
(3) by striking out the period at the end
and inserting in lieu thereof a semicolon;
and
(4) by adding at the end thereof the fol-
lowing new paragraphs:
"(3) 'Archivist' means the Archivist of the
United States appointed under section 2103;
"(4) 'Service' means the National Archives
and Records Service of the General Services
Administration established under section
2102; and
"(5) 'Federal agency', notwithstanding sec-
tion 2901(14), means any executive depart-
ment, military department, Government
corporation, Government-controlled corpo-
ration, or other establishment in the execu-
tive branch of the Government (including
the Executive Office of the President), any
independent regulatory agency, or any es-
tablishment in the legislative or Judicial
branch of the Government (except the
Senate and the House of Representatives).".
(c)(1) The table of sections for chapter 21
of title 44, United States Code, is amended
to read as follows:
"CHAPTER 2I-NATIONAL ARCHIVES
AND RECORDS SERVICE
"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, duplica-
tion, 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 record-
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ings.
2115. Reports; correction of violations.
2116. Legal status of reproductions; official
seal, fees for copies and repro-
ductions
"2117. Limitation on liability.
"2118. Records of Congress.".
(2) The item relating to chapter 21 in the
table of chapters for title 44, United States
Code, is amended to read as follows:
"21. National Archives and Records
Service ............................................... 2101".
TRANSFERS
SEC. 103. (a)(1) All functions which were
assigned to the Administrator of General
Services by section 8 of Executive Order No.
10530 of May 11, 1954 (19 Fed. Reg. 2709; re-
lating to documents and the Administrative
Committee of the Federal Register), and by
Executive Order No. 11440 of December 11,
1968 (33 Fed. Reg. 18475; relating to supple-
mental use of Federal exhibits and dis-
plays), shall be exercised by the Archivist of
the United States.
(2) All functions pertaining to the mainte-
nance, operation, and protection of a Presi-
dential archival depository which were as-
signed to the Administrator of General
Services by the Act of September 6, 1965
(Public law 89-169, 79 Stat. 648), relating to
the Lyndon Baines Johnson Presidential Ar-
chival Depository, and by the Act of August
27, 1966 (Public Law 89-547, 80 Stat. 370)
and the Act of May 26, 1977 {Public Law 95-
34, 91 Stat. 174), relating to the John Fitz-
gerald Kennedy Library, shall be exercised
by the Archivist of the United States.
(b) Prior to the appointment and confir-
mation of an individual to serve as Archivist
of the United States under section 2103 of
title 44, United States Code, the Individual
holding the office of Archivist of the United
States on the day before the effective date
of this Act may serve as Archivist under
such section, and while so serving shall be
compensated at the rate provided under
subsection (b) of such section.
SAVINGS PROVISIONS
SEc. 104. (a) All orders, determinations,
rules, regulations, grants, contracts, agree-
ments, permits, licenses, privileges, and
other actions which have been issued, grant-
ed, made, undertaken, or entered into in the
performance of any function transferred by
this Act or the amendments made by this
Act shall continue in effect according to
their terms until modified, terminated, su-
perseded, set aside, or revoked in accordance
with law by any authorized official, a court
of competent jurisdiction, or by operation of
law.
(bXl) The transfer of functions by this
Act and by the amendments made by this
Act shallnot affect any proceedings, includ-
ing notices of proposed rulemaking, or any
application for any license, permit, certifi-
cate, or financial assistance pending on the
effective date of this Act before the General
Services Administration; but such proceed-
ings and applications, to the extent that
they relate to the functions so transferred,
shall be continued. Orders shall be Issued in
such proceedings, appeals shall be taken
therefrom, and payments shall be made pur-
suant to such orders, as if this Act had not
been enacted; and orders issued in any such
proceedings shall continue in effect until
modified, terminated, superseded, or re-
voked by the Archivist, by a court of compe-
tent jurisdiction, or by operation of law.
Nothing in this subsection shall be deemed
to prohibit the discontinuance or modifica-
tion of any such proceeding under the same
terms and conditions and to the same extent
that such proceeding could have been.dis-
continued or modified if this Act had not
been enacted.
(2) The Archivist is authorized to promul-
gate regulations providing for the orderly
transfer of proceedings continued under
paragraph (1) from the General Services
Administration to the Service.
(c) Except as provided in subsection (e)-
(1) the provisions of this Act and of the
amendments made by this Act shall not
affect actions commenced prior to the effec-
tive date of this Act, alyd
(2) in all such actions, proceedings shall be
had, appeals taken, and judgments rendered
in the same manner and effect as if this Act
had not been enacted.
(d) No action or other proceeding lawfully
commenced by or against any officer of the
United States acting in his or her official ca-
pacity shall abate by reason of any transfer
of functions by this Act or by an amend-
ment made by this Act. No cause of action
by or against the General Services Adminis-
tration or by or against any officer thereof
in the official capacity of such officer shall
abate by reason of any such transfer of
functions.
(e) If, before the date on which this Act
takes effect, the General Services Adminis-
tration or any officer thereof in the official
capacity of such officer, is a party to an
action, and under this Act any function in
connection with such action is transferred
to the Archivist or any other official of the
Service, then such action shall be continued
with the Archivist or other appropriate offi-
cial of the Service substituted or added as a
party.
(f) Orders and actions of the Archivist in
the exercise of functions transferred by this
Act or by amendments made by this Act
shall be subject to judicial review to the
same extent and in the same manner as if
such orders and actions had been by the in-
dividual holding the office of Archivist of
the United States on the day before the ef-
fective date of this Act or the Administrator
of General Services in the exercise of such
functions immediately preceding their
transfer. Any statutory requirements relat-
ing to notice, hearings, action upon the
record, or administrative review that apply
to any function transferred by this Act or
by any amendment made by this Act shall
apply to the exercise of such function by
the Archivist.
CONFORMING AMENDMENTS
SEc. 105. (aXl) Section 2107 of title 44,
United States Code, as redesignated by sec-
tion 102(aX1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist";
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist"; and
(C) by striking out "section 2107" in para-
graph (4) and inserting in lieu thereof "sec-
tion 2111".
(2) Section 2108 of such title, as redesig-
nated by section 102(aXl), is amended-
(A) by striking out "the Administrator,
the Archivist of the United States, and to
the employees of the General Services Ad-
ministration" in subsection (a) and inserting
In lieu thereof "the Archivist and to the em-
ployees of the National Archives and
Records Service. ;
(B) by striking out "and in consultation
with the Archivist of the United States" in
such subsection;
(C) by striking out "the Archivist and" in
the fifth sentence of such subsection;
(D) by striking out "Administrator of
General Services" each place it appears and
inserting in lieu therof "Archivist"; and
(E) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
H 8333
(3) Section 2109 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist"; and
(B) by inserting "and Records" immedi-
ately following "Natural Historical Publica-
tions".
(4) Section 2110 of such title, as redesig-
nated by section 102(aXl), is amended by
striking out "Administrator of General
Services" and inserting in lieu thereof "Ar-
chivist".
(5) Section 2111 of such title, as redesig-
nated by section 102(aXl), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist"; and
(B) by striking out "Administrator" and
inserting in lieu thereof "Archivist".
(6) Section 2112 of such title, as redesig-
nated by section 102(aXl), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist";
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist"; and
(C) by striking out "section 2107" each
place it appears and inserting in lieu thereof
"section 2111".
(7) Sections 2113, 2114, and 2117 of such
title, as redesignated by section 102(aXl),
are amended by striking out "Administrator
of General Services" and inserting in lieu
thereof "Archivist".
(8) Section 2115 of such title, as redesig-
nated by section 102(aXl), is amended to
read as follows:
"$ 2115. Reports; correction of violations
"(a) In carrying out their respective duties
and responsibilities under chapters 21, 25,
29, 31, and 33 of this title, the Archivist and
the Administrator may each obtain reports
from Federal agencies on such agency's ac-
tivities under such chapters.
"(b) When either the Archivist or the Ad-
ministrator finds that a provision of any
such chapter has been or is being violated,
the Archivist or the Administrator shall (1)
inform in writing the head of the agency
concerned of the violation and make recom-
mendations for its correction; and (2) unless
satisfactory corrective measures are Inaugu-
rated within a reasonable time, submit a
written report of the matter to the Presi-
dent and the Congress.".
(9) Section 2116 of such title, as redesig-
nated by section 102(aX 1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
.'Archivist"; and
(B) by striking out "Administrator" and
inserting in lieu thereof "Archivist".
(10) Section 2118 of such title, as redesig-
nated by section 102(aXl), is amended by
striking out "General Services Administra-
tion" and inserting in lieu thereof "National
Archives and Records Service".
(b)(1) Sections 710, 711, and 729 of title 44,
United States Code, are amended by strik-
ing out "Administrator of General Services"
each place it appears and inserting In lieu
thereof "Archivist of the United States".
(2) Section 1502 of such title in amended
by striking out "Administrator of General
Services" each place it appears and insert-
ing in lieu thereof "Archivist of the United
States".
(3) Section 1503 of such title is amended-
(A) by striking out "General Services Ad-
ministration" and Inserting in lieu thereof
"National Archives and Records Service";
(B) by striking out "General Services Ad-
ministration" and inserting in lieu thereof
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"National Archives and Records Service";
and
(C) by striking out "Administrator" and
inserting in lieu thereof "Archivist".
(4) Section 1506 of such title is amended-
(A) by inserting "The Administrator of
General Services, the Administrator of the
Office of Information and Regulatory Af-
fairs of the Office of Management and
Budget," after "Attorney General," in the
first sentence; and
(B) by striking out the third sentence.
(5) Section 1714 of such title is amended
by striking out "General Services Adminis-
tration" and inserting in lieu thereof "Na-
tional Archives and Records Service".
(6) Section 2301 of such title is amended
by striking out the second sentence thereof.
(7) Section 2501 of such title is amended
by striking out the last sentence thereof.
(8) Section 2504 is amended-
(A) by striking out "Administrator of Gen-
eral Services" in the third sentence of sub-
section (a) and inserting in lieu thereof "Ar-
chivist of the United States";
(B) by striking out "Administrator" in the
fourth sentence of such subsection and in-
serting in lieu thereof "Archivist";
(C) by inserting "and Records" after "His-
torical Publications" in the fourth sentence
of such subsection;
(D) by striking out "the Administrator" in
the last sentence of such subsection and in-
serting in lieu thereof "the President and
the Congress; and
(E) by striking out "General Services Ad-
ministration" in subsection (b) and inserting
in lieu thereof "National Archives and
Records Service".
(9) Section 2506 of such title is amended-
(A) by striking out "Administrator of Gen-
eral Services" in subsection (a) and inserting
in lieu thereof "Archivist of the United
States"; and
(B) by striking out "Administrator" in
subsection (b) and inserting in lieu thereof
"Archivist".
(10) Section 2507 of such title is amended
by striking out "Administrator of General
Services" and inserting in lieu thereof "Ar-
chivist of the United States".
(11) Section 2901 of such title is amend-
ed-
(A) by striking out "27," in the matter pre-
ceding paragraph (1);
(B) by inserting before the semicolon at
the end of paragraph (2) the following- "to
achieve adequate and proper documentation
of the policies and transactions of the Fed-
eral Government and effective and economi-
cal management of agency operations";
(C) by striking out "Administrator" each
place it appears in paragraphs (6), (9), and
(11) and inserting in lieu thereof "Archi-
vist"; and
(D) by redesignating paragraphs (12) and
(13) as paragraphs (13) and (14). respective-
ly, and by inserting after paragraph (11) the
following new paragraph:
"(12) the term "Archivist" means the Ar-
chivist of the United States;".
(12) Section 2902(7) is amended by insert-
ing "or the Archivist" after "Administra-
tor".
(13)(A) Sections 2903 and 2907 of such
title are amended by striking out "Adminis-
trator" each place it appears and inserting
in lieu thereof "Archivist".
(B) Sections 2905, 2908, and 2909 of such
title are amended by striking out "Adminis-
trator of General Services" each place it ap-
pears and inserting in lieu thereof "Archi-
vist".
(14) Section 2904 is amended to read as
follows:
"112904. General responsibilities for records man-
agement
"(a) The Archivist shall provide guidance
and assistance to Federal agencies with re-
spect to ensuring adequate and proper docu-
mentation of the policies and transactions
of the Federal Government and ensuring
proper records disposition.
"(b) The Administrator shall provide guid-
ance and assistance to Federal agencies to
ensure economical and effective records
management by such agencies.
"(c) In carrying out their responsibilities
under subsection (a) or (b), respectively, the
Archivist and the Administrator shall each
have the responsibility-
"(1) to promulgate standards, procedures,
and guidelines with respect to records man-
agement and the conduct of records man-
agement studies;
"(2) to conduct research with respect to
the improvement of records management
practices and programs;
"(3) to collect and disseminate informa-
tion on training programs, technological de-
velopments, and other activities relating to
records management;
"(4) to establish such interagency commit-
tees and boards as may be necessary to pro-
vide an exchange of information among
Federal agencies with respect to records
management;
"(5) to direct the continuing attention of
Federal agencies and the Congress on the
need for adequate policies governing records
management;
"(6) to conduct records management stud-
ies and, in his discretion, designate the
heads of executive agencies to conduct
records management studies with respect to
establishing systems and techniques de-
signed to save time and effort in records
management;
"(7) to conduct inspections or surveys of
the records and the records management
programs and practices within and between
Federal agencies;
"(8) to report to the appropriate oversight
and appropriations committees of the Con-
gress and to the Director of the Office of
Managment and Budget annually and at
such other times as the Archivist or the Ad-
ministrator (as the case may be)'deems de-
sirable-
"(A) on the results of activities conducted
pursuant to paragraphs (1) through (7) of
this section,
"(B) on evaluations of responses by Feder-
al agencies to any recommendations result-
ing from inspections or studies conducted
under paragraphs (6) and (7) of this section,
and
"(C) to the extent practicable, estimates
of costs to the Federal Government result-
ing from the failure of agencies to imple-
ment such recommendations.
"(d) In addition, the Administrator, in car-
rying out the responsibilities under subsec-
tion (b) shall have the responsibility to pro-
mote economy and efficiency in the selec-
tion and utilization of space, staff, equip-
ment, and supplies for records manage-
ment.".
"(15) Section 2906 of such title is amended
to read as follows:
2906. Inspection of agency records
"(a)(1) In carrying out. their respective
duties and responsibilities under this chap-
ter, the Administrator of General Services
and the Archivist (or the designee of either)
may inspect the records or the records man-
agement practices and programs of any Fed-
eral agency solely for the purpose of render-
ing recommendations for the improvement
of records management practices and pro-
grams. Officers and employees of such agen-
cies shall cooperate fully in such inspec-
tions, subject to the provisions of para-
graphs (2) and (3) of this subsection.
"(2) Records, the use of which is restricted
by law or for reasons of national security or
the public interest, shall be inspected, in ac-
cordance with regulations promulgated by
the Administrator and the Archivist, subject
to the approval of the head of the agency
concerned or of the President. The regula-
tions promulgated by the Administrator and
the Archivist under this paragraph shall, to
the extent practicable, be identical.
"(3) If the Administrator or the Archivist
(or the designee of either) inspects a record,
as provided in this subsection, which is con-
tained in a system of records which is sub-
ject to section 552a of title 5. such record
shall be-
"(A) maintained by the Administrator, the
Archivist, or such designee as a record con-
tained in a system of records; or
"(B) deemed to be a record contained in a
system of records for purposes of subsec-
tions (b), (c), and (i) of section 552a of title
5.
"(b) In conducting the inspection of
agency records provided for in subsection
(a) of this section, the Administrator and
the Archivist (or the designee of either
shall, in addition to complying with the pro-
visions of law cited in subsection (a)(3).
comply with all other Federal laws and be
subject to the sanctions provided therein.".
(16)(A) The heading of chapter 29 of title
44, United States Code, is amended to read
as follows:
"CHAPTER 29-RECORDS MANAGE-
MENT BY THE ARCHIVIST OF THE
UNITED STATES AND BY THE AD-
MINISTRATOR OF GENERAL SERV-
ICES".
(B) The item relating to chapter 29 in the
table of chapters for title 44, United States
Code, is amended to read as follows:
"29. Records Management by the Ar-
chivist of the United States and by
the Administrator of General Serv-
ices ........................................................ 2901".
(17) Section 3102 of such title is amend-
ed-
(A) by inserting "and the Archivist of the
United States" after "Administrator of Gen-
eral Services" in paragraph (2);
(B) by striking out "sections 2101-2113"
and inserting in lieu thereof "sections 2101-
2117"; and
(C) by striking out "2701,".
(18) Section 3103 of such title is amend-
ed-
(A) by striking out "Administrator" the
first place it appears and inserting in lieu
thereof "Archivist of the United States"and
(B) by striking out "Administrator" the
second place it appears and inserting in lieu
thereof "Archivist".
(19) Sections 3104 and 3106 of such title
are amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States"; and
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(20) Section 3105 of such title is amended
by striking out "Administrator of General
Services" and inserting in lieu thereof "Ar-
chivist of the United States".
(21) Sections 3302, 3303, 3308, and 3311 of
such title are amended by striking out "Ad-
ministrator of General Services" and insert-
ing in lieu thereof "Archivist of the United
States".
(22) Sections 3303a and 3310 of such title
are amended-
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(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States"; and
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(23)(A) The heading of section 3303 of
such title is amended to read as follows:
"0 3303. Lists and schedules of records to be sub-
mitted to the Archivist of the United States by
head of each Government agency".
(C) The heading of section 3303a of such
title is amended to read as follows:
"0 3303a. Examination by Archivist of the United
States of lists and schedules of records lacking
preservation value; disposal of records".
(C) The heading of section 3311 of such
title is amended to read as follows:
"93311. Destruction of records outside continen-
tal United States in time of war or when hostile
action seems imminent, written report to Archi-
vist of the United States",
(D) The table of sections for chapter 33 of
such title is amended by striking out "Ad-
ministrator of General Services" in the
items pertaining to sections 3303, 3303a, and
3311 and inserting in lieu thereof "Archivist
of the United States".
(24) Section 3504(3) of such title t$ amend-
ed by inserting "the Archivist of the United
States and" before "the Administrator of
General Services" each place it appears in
paragraphs (1) and (2).
(25) Section 3513 of such title is amended
by inserting "and the Archivist of the
United States" after "Administrator of Gen-
eral Services".
(c)(1) Section 101 of the Presidential Re-
cordings and Materials Preservation Act is
amended-
(A) by striking out "section 2107" each
place it appears and inserting in lieu thereof
"section 2111";
(B) by striking out "Administrator of Gen-
eral Services (hereinafter in this title re-
ferred to as the 'Administrator')" and in-
serting in lieu thereof "Archivist of the
United States (hereinafter referred to as the
'Archivist')"; and
(C) by striking out "Administrator" and
inserting in lieu thereof "Archivist".
(2) Section 102 of such Act is amended-
(A) by striking out "section 2107" and in-
serting in lieu thereof "section 2111", and
(B) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist".
(3) Section 103 of such Act is amended by
striking out "Administrator" and inserting
in lieu thereof "Archivist".
(4) Section 104 of such Act is amended-
(A) by striking out "Administrator" each
place it appears and inserting in lieu thereof
"Archivist"; and
(B) by striking out subsection (b) and in-
serting in lieu thereof the following:
"(b) The regulations proposed by the Ar-
chivist in the report required by subsection
(a) shall not take effect until the expiration
of 60 legislative days after the date of the
submission of such regulations to each
House of the Congress. For the purposes of
this subsection, the term 'legislative days'
does not include any day on which both
Houses of the Congress are not in Session.".
(d) Sections 106a, 106b, 112, 113, and 201
of title 1, United States Code, are amended
by striking out "Administrator of General
Services" and "General Services Administra-
tion" each place they appear and inserting
in lieu thereof "Archivist of the United
States" and "National Archives and Records
Service", respectively.
(e)(1) Sections 6 and 11 through 13 of title
3, United States Code, are amended by strik-
ing out "Administrator of General Services"
and "General Services Administration" each
place they appear and inserting in lieu
thereof "Archivist of the United States,"
and "National Archives and. Records Serv-
ice", respectively.
(2)(A) The heading of Becton 6 of such
title is amended to read as follows:
"16. Credentials of electors; transmission to ar-
chivist of the United States and to Congress;
public inspection".
(B) The heading of section 12 of such title
is amended to read as follows:
"612. Failure of certificates of electors to reach
President of the Senate or Archivist of the
United States; demand on State for certificate".
(3) The table of sections for chapter 1 of
such title is amended by striking out "Ad-
ministrator of General Services" In the
items pertaining to sections 6 and 12 and in-
serting in" lieu thereof "Archivist of the
United States".
(f) Sections 141 through 145 of title 4,
United States Code, are amended by strik-
ing out "Administrator of General Serv-
ices". "Administrator". and "General Serv-
ices Administration" each place they appear
and inserting in lieu thereof "Archivist of
the United States", "Archivist", and "Na-
tional Archives and Records Service", re-
spectively.
(g) Subsections (bX6) and (1X1) of section
552a of title 5, United States Code, are
amended by striking out "Administrator of
General Services" each place it appears and
inserting in lieu thereof "Archivist of the
United States."
(h) Section 5314 of title 5, United States
Code, is amended by adding at the end
thereof the following: "Archivist of the
United States".
(I) Section 4(5) of the Act of October 25,
1951 (25 U.S.C. 199a) is amended by striking
out "Administrator of General Services"
each place it appears and inserting in lieu
thereof "Archivist of the United States".
DarINITIONS
Sac. 106. For purposes of sections 103 and
104-
(1) the term "Archivist" means the Archi-
vist of the United States appointed under
section 2103 of title 44, United States Code,
as added by section 2 of this Act;
(2) the term "Service" means the National
Archives and Records Service of the Gener-
al Services Administration established
under section 2102 of such title (as amended
by section 2 of this Act); and
(3) the term "function" includes any duty,
obligation, power, authority, responsibility,
right, privilege, activity, or program.
TITLE II-ADMINISTRATIVE
PROVISIONS
COPYING AND AUTHENTICATING CHARGES
SEC. 201. Section 2116(c) of title 44, United
States Code (as redesignated by section
102(a)), is amended to read as follows:
"(c) The Archivist may charge a fee set to
recover the oosts for making or authenticat-
ing copies or reproductions of materials
transferred to his custody. Such fee shall be
fixed by the Archivist at a level which will
recover, so far as practicable, all elements of
such costs, and may, in the Archivist's dis-
cretion, include increments for the estimat-
ed replacement cost of equipment. Such fees
shall be paid into, administered, and ex-
pended as a part of the National Archives
Trust Fund. The Archivist may not charge
for making or authenticating, copies or re-
productions of materials for official use by
the United States Government unless ap-
propriations available to the Archivist for
this purpose are insufficient to cover the
cost of performing the work.".
H 8335
NATIONAL ARCHIVES TRUST FUND BOARD
Sac. 202. (a) Chapter 23 of title 44, United
States Code, is amended by striking out sec-
tions 2302 through 2305 and inserting in
lieu thereof the following:
"02302. Authority of the Board; seal; services;
annual report; bylaws; ruler, regulations
"In carrying out the purposes of this
chapter, the Board-
"(1) may adopt an official seal, which
shall be judicially noticed;
"(2) may utilize on a reimbursable basis
the services and personnel of the National
Archives and Records Service necessary (as
determined by the Archivist) to assist the
Board in the administration of the trust
fund, and in the preparation and publica-
tion of special works and collections of
sources and preparation, duplication, edit-
ing, and release of historical photographic
materials and sound recordings, and may
utilize on a reimbursable basis the services
and personnel of other Federal agencies for
such purposes;
"(3) shall submit to the Congress an
annual report, by account, of the moneys,
securities, and other personal property re-
ceived and held by it, and of its operations,
which shall include a listing of the purposes
for which funds are transferred to the Na-
tional Archives and Records Service for ex-
penditure and to other Federal agencies;
"(4) may adopt bylaws, rules, and regula-
tions necessary for the administration of its
functions under this chapter; and
"(5) may, subject to the laws and regula-
tions governing appointments in the com-
petitive service, appoint and fix the compen-
sation of such personnel as may be neces-
sary to carry out its functions.
"02303. Powers and obligation, of the Board; li-
ability of members
"Except as otherwise provided by this
chapter, the Board shall have all the usual
powers and obligations of a trustee with re-
spect to property and funds administered by
it, but the members of the Board are not
personally liable, except for malfeasance.
"12304. Compensation of members; availability of
tryst funds for expenses of the Board
"Compensation may not be paid to the
members of the Board for their services as
members. Costs Incurred by the Board in
carrying out its duties under this chapter,
including the obligations necessarily in-
curred by the members of the Board in the
performance of their duties and the com-
pensation of persons employed by the
Board, shall be paid by the Archivist of the
United States from trust funds available to
the Board for this purpose. The Board, by
resolution, may authorize the transfer of
funds (including the principal or interest of
a gift or bequest) to the National Archives
and Records Service to be expended on an
archival or records activity- approved by the
Board or to accomplish the purpose of a gift
or bequest.
"02306. Acceptance of Sifts
"The Board may solicit and accept gifts or
bequests of money, securities, or other per-
sonal property, for the benefit of or in con-
nection with the national archival and
records activities administered by the Na-
tional Archives and Records Service.
Moneys that are for deposit into the trust
fund shall be deposited within 10 working
days of the receipt thereof.".
(b) Section 2307 of title 44, United States
Code, is amended to read as follows:
"02307. Trust fund account; disbursements, sales
of publications and releases
"The income from trust funds held by the
Board and the proceeds from the sale of se-
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CONGRESSIONAL RECORD - HOUSE August 2, 1984
curities and other personal property, as and
when collected, shall be covered into the
Treasury of the United States in a trust
fund account to be known as the National
Archives Trust Fund, subject to disburse-
ment on the basis of certified vouchers of
the Archivist of the United States (or his
designee) for activities approved by the
Board and in the interest of the national ar-
chival and records activities administered by
the National Archives and Records Service,
including but not restricted to the prepara-
tion and publication of special works, and
collections of sources and the preparation,
duplication, editing, and release of historical
photographic materials and sound record-
ings. The Archivist may sell publications
and releases authorized by this section and
paid for out of the income derived from
trust funds at a price which will cover their
cost, plus 10 percent, and moneys received
from these sales shall be paid into, adminis-
tered, and expended as part of the National
Archives Trust Fund.".
(c) The table of sections for chapter 23 of
title 44, United States Code, is amended by
striking out "employees;" in the item per-
taining to section 2302 and inserting in lieu
thereof "services; annual report;"
AUTHORITY TO LITIGATE
SEC. 203. (a) Section (a) of title 44, United
States Code, is amended by adding at the
end thereof the following new sentence: "In
any case in which the head of the agency
fails to initiate an action for such recovery
or other redress within a reasonable period
of time after being notified of any such un-
lawful action, the Archivist of the United
States shall, through the Attorney General,
initiate such an action; and the Archivist
shall report the circumstances of any such
failure by the head of the agency, or of any
refusal of the Attorney General to initiate
such an action, to the appropriate commit-
tees of the Congress.".
(b) Section 3106 of title 44, United States
Code, is amended by adding at the end
thereof the following new sentence: "In any
case in which the head of the agency fails to
initiate an action for such recovery or other
redress within a reasonable period of time
after being notified of any such unlawful
action, the Archivist of the United States
shall, through the Attorney General, initi-
ate such an action; and the Archivist shall
report the circumstances of any such failure
by the head of the agency, or of any refusal
of the Attorney General to initiate such an
action, to the appropriate committees of the
Congress.".
INSPECTION OF RECORDS
SEC. 204. Section 3301 of title 44, United
States Code, is amended-
(1) by inserting "(a)" before "As used in
this chapter,";
(2) by inserting ", as determined by the
Archivist of the United States," after
"public business and preserved or"; and
(3) by adding at the end thereof the fol-
lowing new subsection:
"(b) The Archivist of the United States
shall, by regulation, establish detailed crite-
ria under which material shall be examined
to determine if it is a record as defined
under subsection (a) and such regulation.
The Archivist may have access, to deter-
mine compliance with such subsection and
such regulations, to any material made or
received by an agency of the United States
Government.".
PUBLIC NOTICE
SEC. 205. Section 3303(a) of title 44, United
States Code, is amended by inserting ", after
publication of notice in the Federal Register
and an opportunity for interested persons to
submit comment thereon" immediately
after "may" in the second sentence thereof.
TITLE III-EFFECTIVE DATE;
CONSTRUCTION
EFFECTIVE DATE
SEC. 301. The provisions of this Act shall
be effective October 1, 1985.
RETURN INFORMATION
SEC. 302. Nothing contained in this Act
shall be construed to authorized the disclo-
sure of any return or return information (as
defined in section 6103 of the Internal Reve-
nue Code of 1954 (26 U.S.C. 6103)) except as
authorized by such Code.
Mr. KINDNESS (during the read-
ing). Mr. Chairman, I ask unanimous
consent that the amendment in the
nature of a substitute be considered as
read and printed in the RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Ohio?
There was no objection.
(Mr. KINDNESS asked and was
given permission to revise and extend
his remarks.)
Mr. KINDNESS. Mr. Chairman, as
we know, in many parts and aspects of
our lives, scheduling is sometimes
almost everything. Here we are on
Thursday afternoon, about to leave
town, with no votes scheduled for to-
morrow or Monday, and perhaps not
Tuesday for all I know, and this meas-
ure has had so little attention by this
House. The general debate was had
during a period of time when no one
was paying any attention, and here is
the task of anyone who feels con-
cerned about the content of the bill of
trying to get some attention somehow
on the part of the Members of this
House to what is going on here. It is
not a very good time to get that to
occur. So we will try to make a record,
at any rate.
I do not like to be in the position 3,
4, or 5 years down the road of being
able to say, "I told you so." That is not
my intent or purpose. My intent and
purpose at this point would be to -try
to get a rational vote on this substi-
tute, which does much of what is done
by the bill before us, but it does not
actually separate the National Ar-
chives and Records Service out from
the General Services Administration.
It does most of the rest functionally
that I think does need to be accom-
plished that would be accomplished by
the bill.
For those of you who are happy
about the vote that you may have cast
to create the Department of Educa-
tion, you will love this one. If those of
you who voted to create the Depart-
ment of Energy are satisfied with that
vote, you may be satisfied with this
one, too. But for those of you who are
concerned about not creating any
more independent agencies than nec-
essary, then I think you ought to
listen, you ought to give some consid-
eration and support to the substitute
that is under consideration of the
Committee of the Whole at this time.
Mr. Chairman, during general
debate on this bill, I said that full in-
dependence for the National Archives
was not necessary in order to solve
problems which have been alleged to
arise out of its structural placement
within GSA. A transfer of the statuto-
ry authority contained in title 44 of
the United States Code from the Ad-
ministrator to the Archivist of the
United States would deprive the Ad-
ministrator of the statutory basis on
which to meddle in the substantive ar-
chival responsibilities contained in
title 44. And, that can be done without
setting up the Archives as an inde-
pendent agency. -
Incidentally, has anyone thought
about how ridiculous it is that the
Federal Register should be controlled
and printed by an independent
agency? Think that about that one.
The' National Archives and Records
Service has that function. Further-
more, it is not unprecedented for Con-
gress to grant a larger measure of au-
tonomy to some components of an
agency as opposed to others, and that
is what is proposed to be done in this
substitute. The Office of Federal Pro-
curement Policy within OMB is one
example and the Federal Energy Reg-
ulatory Commission within the De-
partment of Energy is another. With
respect to the latter, Congress provid-
ed that the budget submission of the
Energy Secretary contain the original
request of the Federal Energy Regula-
tory Commission so that, in effect,
FERC has a direct line to Congress as
to its budget needs. Providing similar
authority to the Archives would give it
the best of both worlds-support from
the larger agency, GSA, when GSA
agrees, for its budget request, and a
direct, official line to the Congress,
.even bypassing OMB, when it doesn't
have the support of GSA.
This bill will politicize the National
Archives of course; and that may be
appropriate. The Archivist will be ap-
pointed by the President. The admin-
istration naturally supports the bill,
presumably for that reason.
The Nation's archivists and histori-
ans are likely to be disappointed if not
horrified by the results if this bill is
enacted into law.
This Nation's documentary heritage
is too important to be dealt with so
lightly. Having served on the subcom-
mittee exercising dversight over the
' NARS through three Congresses. I
have looked at the National Archives
rather closely. I am convinced that it
is not presently ready to deal effective-
ly with its mission. There are many
deep problems in its functioning that
are not solved.
I believe that this bill could also
make the fulfillment of NARS' mis-
sions more difficult. There is no guar-
antee that an idependent National Ar-
chives will have more resources with
which to work. I think it is important
to point out that I have not opposed
more resources for the Archives; I
have despaired at times at how those
resources have been used, but I do not
deny the need for more resources to
fulfill its missions.
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CONGRESSIONAL RECORD - HOUSE H 8337
the Archives be made an independent
Federal agency. I am at a loss to un-
derstand the virtue of this arrange-
ment for the Archives, the GSA, or
the people of this country.
Under this arrangement, the Archi-
vist would remain dependent on GSA
for personnel, budget, legal, and other
support services. One of the main
problems that the Government Oper-
ations Committee found wtth the
present placement of the Archives
within GSA is that support services
are not tailored to meet the needs of
the Archives, and therefore often do
not aid in the performance of the
agency's functions. The substitute
would continue that situation.
The GSA Administrator, on the
other hand, would remain the superior
of the Archivist, In title, but he would
have no real authority over his subor-
dinate. Can you Imagine an organiza-
tion, Mr. Chairman, in which the boas
has no control over his assistants?
How could an organization function
effectively like that?
From the standpoint of the people,
we would have the same old confusing
situation of divided leadership which
has plagued the Archives for 35 years.
As long as the Archives remains part
of GSA. there will always be a tempta-
tion,for the GSA hierarchy to meddle
in Archives affairs and frustrate the
efforts of the Archivist to run his
agency In a professional way.
The occasions on which we have cre-
ated a structure like the one contem-
plated in the substitute by the gentle-
man from Ohio are few and far be-
tween. The only one I can think of at
the moment Is the placement of the
Federal Energy Regulatory Commis-
sion within the Department of Energy.
That situation is substantially differ-
ent from the one before us today, how-
ever. Before FERC was placed in DOE,
it was an independent regulatory com-
mission with legislative and judicial. as
well as executive, powers. We did not
want to make an agency with these au-
thorities subject to the control of an
executive officer. The Archives, how-
ever, performs only executive func-
tions. It should be managed like other
executive branch agencies, with direct
lines of authority leading from the
President to its head.
The gentleman from Ohio has also
stated the organization under his
amendment is similar to the place-
ment of the Office of Federal Procure-
ment Policy within the Office of Man-
agement and Budget. The OFPP ex-
ample is considerably different from
the situation he would prefer. OFPP Is
a very tiny office-only 14 people at
the moment-which would be hard-
pressed to perform its own support
services. It also is vested only with
policy. not administrative, responsibil-
ities. The National Archives, however,
is an organization of more than 2,000
employees which has substantial ad-
ministrative functions. The analogy
just doesn't fit.
Mr. Chairman, this amendment does
not solve, anywhere near as well as the
bill, the problems which the Govern-
ment Operations Committee has
found In the organizational placement
of the National Archives. I urge the
rejection of the amendment.
Mr. ENGLISH. Mr. Chairman, I
move to strike the last word, and I rise
in opposition to the amendment in the
nature of a substitute.
(Mr. ENGLISH asked and was given
permission to revise and extend his re-
marks.)
Mr. ENGLISH. Mr. Chairman, the
gentleman from Ohio argues that in-
dependence for the Archives is neither
wise, nor necessary. He says that inde-
pendence could well be exacerbate,
rather than solve, the problems he has
seen during his 5 years as a member of
the oversight subcommittee I chair.
While stipulating-In his earlier
comments-that the Archives, charged
with preserving our Nation's documen-
tary history, was already over 150
years behind the power curve when es-
tablished 50 years ago, he expresses
disappointment over the lack of
progress by Archives managers in
making up lost ground.
I, too, am disappointed with the
amount of progress dawing.the past 6
years. However, unlike the -gentleman
from Ohio. I do see the lack of man-
agement Improvement as being a
direct casualty of the Archives-GSA
relationship. Given the time and
energy Archives management has been
forced to expend fending off meddle-
some and oftentimes vindictive GSA
officials, I'm surprised that they were
able to make any headway In address-
ing their many problems.
The gentleman agrees we need a
change. The difference between his
bill and the committee proposal is one
of degree only. We should -make the
right change-the one eaiir'far in the
committee bill-you should reject the
amendment.
In any event, as the gentlemen
knows, the management skills of a
particular individual or group of indi-
viduals Is not the Issue here. The gen-
tleman from Ohio knows that there
are major and very bate problems
with the Archives-GSA marriage. That
is why he proposes that, In lieu of In-
dependence, we simply transfer statu-
tory authority for substantive archival
responsibilities from the GSA Admin-
istrator to the Archivist. This, he
notes, would deprive Administrators of
General Services from entering ill-con-
ceived agreements calling for the de-
struction of Presidential records, or
from ordering the dispersal of valua-
ble records to regional centers. The
Archives, he explains, would, then,
still have all the benefits of GSA's ad-
ministrative support.
Well, I am very pleased to see that
he recognizes the need 'to deprive med-
dlesome Administrators of their au-
thority to influence substative archi-
val matters. I'm equally perplexed,
An independent National Archives
will have to provide administrative
support services now provided by GSA.
Those services include: Congressional
Affairs, Office of Ethics, Public Af-
fairs, General Counsel, Inspector Gen-
eral, Personnel, Budget and Finance,
Office of Oversight, and Procurement.
While the bill before us contains a
provision for transfer of appropria-
tions from GSA to NARS for these
services, it is not clear that it will be
enough to provide high enough grade
level for the heads of these new offices
within a newly dependent NARS or
the physical accommodations in which
to situate them. I think we should
expect NABS to come to us next year
seeking more than will be transferred
in this act in order to provide an ade-
quate level of administrative support
services for itself. My amendment In
the nature of a substitute, which I am
now offering, would provide just those
things. It Is very, very similar to the
committee-reported bill. It would
transfer all statutory authority from
the Administrator to the Archivist as
does the committee bill. It provides for
Presidential appointment of the Archi-
vist... If contains the provisions of title
II of the committee bill clarifying the
Archivist's authority to make final de-
terminations as to what is an agency
.record. And, like the Department of
Energy Act, it provides that the Na-
tional Archives' original budget re-
quest must be included In GSA's
budget submission to the Congress.
The one thing my substitute would
not do that the committee bill does is
to sever the National Archives from
GSA and make it an independent
agency.
In sum, I believe that independence
is a drastic step which Is neither wise,
nor necessary. Granting a large degree
of program autonomy would free the
Archives from the meddling of admin-
istrators in the past while sparing it
the trauma and drain on resources
that will necessarily come from the ef-
forts to .establish itself as an independ-
ent agency.
So, I hope that the House will adopt
my alternative which would alleviate
most of the problem inherent in the
relationship between NABS and GSA
while not throwing the Archives out
into the world, unprepared to be out
on Its own.
^ 1810
Mr. HORTON. Mr. Chairman, I rise
in opposition to the amendment in the
nature of a substitute.
Mr. Chairman, I have read the sub-
stitute proposal which the gentleman
from Ohio has made, and frankly, I
am a bit mystified by it. The substi-
tute would apparently give the Archi-
vist of the United States complete au-
thority for the functions of the Na-
tional Archives, but it would leave the
Archives within the General Services
Administration.
This amendment is inconsistent with
the Aeon's preference that
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H 8338 CONGRESSIONAL RECORD - HOUSE
however, that he views the kind of ad-
ministrative support GSA has provid-
ed the Archives as beneficial.
Let me give you just one example of
how the Archives has benefitted from
being a part of GSA. As the gentleman
noted, fire safety at the Archives is
not a problem of recent vintage. So,
after years of neglect by GSA's Public
Building Service-the Government's
landlord-we were pleased in March of
1982 of get the Administrator's per-
sonal assurance, during a public hear-
ing, that PBS would be responsible for
correcting longstanding fire safety and
environmental problems at the Ar-
chives. Then, when faced with a devas-
tating fire safety report last October,
the Administrator and other GSA offi-
cials concocted an illegal, retroactive
delegation of authority, shifting the
burden for fire safety from PBS to the
Archives effective October 1, 1981. So
much for the Administrator's person-
al, public assurance of March 1982.
And, since this is but one of many sad
tales, so much for the benefits of GSA
administrative support.
Mr. Chairman, this is not the time to
try out yet another experiment in
Government management-as , pro-
posed by the gentleman from Ohio-
on the Archives. this is the time to
correct an old mistake, not make a
new one. This is the time to reestab-
lish the Archives as an independent
agency subject to neither the substan-
tive nor administrative whims of GSA.
I urge my colleagues to reject the
gentleman's amendment.
Mr. KINDNESS. Mr. Chairman, will
the gentleman yield for just a
moment?
Mr. ENGLISH. I am happy to yield
to the gentleman from Ohio.
Mr. KINDNESS. Mr. Chairman, I
thank the gentleman for yielding.
I certainly have had lots of interest-
ing times serving with the gentleman
on the subcommittee with the over-
sight jurisdiction concerning the Na-
tional Archives and Records Service.
I would just like to ask if the gentle-
man from Oklahoma would care to
state his intentions with regard to the
oversight that would be exercised over
this new independent agency in the
months and years ahead. If this bill is
enacted into law, I think it is going to
require a great deal of attention, and I
would expect to devote that time and
attention to the matter myself. I see
where the die is cast and what is going
to happen here today, but I certainly
feel that we are going to have to work
harder on oversight as a result of the
passage of this law than really is nec-
essary. I would just like to urge upon
the gentleman from Oklahoma that
this ought to be a very interesting
high-priority item for the exercise of
oversight by the subcommittee, be-
cause it is going to take a lot of it.
Mr. ENGLISH. Mr. Chairman, I
would agree with the gentleman. And
as the gentleman well knows-and he
certainly has served very ably on the
subcommittee as the distinguished
ranking minority -member-we. have
spent a great deal of time on the ar-
chives. We have looked at it up and
down and all around, and I think we
are very familiar with the problems. I
think that is the reason we all agree
that changes need to be made.
I am sure that the gentleman knows
the Archives was independent up to
1948, and if I remember correctly,
many historians, prominent histori-
ans, told us then that we should not
be putting it in with GSA, and it turns
out that they were right.
^ 1820
But I would certainly wholehearted-
ly agree with the gentleman that we
want to make certain that the new in-
dependent Archives gets off to a good
start, that it performs as the legisla-
tion calls for, and that it lives up to
the enthusiastic beginning that we all
expect from it.
Mr. KINDNESS. I thank the gentle-
man.
Mr. BROOKS. Mr. Chairman, I
move to strike the last word. I rise in
opposition to the amendment-most
reluctantly, because I have the highest
regard for my friend, Mr. KINDNESS,
who has been one of the long time
supporters of a strong Archives with
the ability to preserve the historical
records of this country. He has a keen
sense of history and has always been a
constructive force in our overall eval-
uation of the problems of the Ar-
chives.
The amendment of my friend, the
gentleman from Ohio, serves the
worthwhile purpose of vesting statuto.
ry authority for archival functions di-
rectly in the Archivist. But, in retain-
ing the Archives within the bureau-
cratic structure of the GSA, the gen-
tleman's amendment only addresses
half of the problem. The record of the
past 35 years shows numerous exam-
ples of the problems that have arisen
due to the Archives' being subordinate
to GSA. These problems have arisen
in some cases from a lack of under-
standing and appreciation for the Ar-
chives' functions and, in other cases,
through blatant attempts to meddle in
the Archives for political purposes.
Granting direct statutory authority
to the Archivist for these functions
would not solve the problem wholly.
The Archives still would be dependent
on GSA to a large degree for the vital
support functions that make the dif-
ference in any Government agency.
Nor would this amendment address
the problem that there are fundamen-
tal differences in the overall missions
of the Archives and GSA. The former
Archivist of the United States, Dr.
James B. Rhoads, testified before our
subcommittee that the defect in the
structural relationship between these
two agencies is one of simple and stark
incompatibility.
It was the committee's opinion; and
it is my opinion, that the only resolu-
tion of this problem is to remove the
Archives completely from GSA. Doing
August 2, 1984
so will benefit both agencies greatly. I
would ask for a no vote on this amend-
ment and yield back the balance of my
time.
The CHAIRMAN. The question is on
the amendment in the nature of a sub-
stitute offered by the gentleman from
Ohio [Mr. KINDNESS].
The amendment in the nature of a
substitute was rejected.
? Mr. FISH. Mr. Chairman, as a co-
sponsor of H.R. 3987, I would like to
affirm my support for this legislation
to reestablish the National Archives as
an independent agency. The task of
collecting the vital records of our doc-
umentary heritage and creating a
system for the orderly accumulation
of these records over time, is vital to
the preservation of the history of our
Nation. This summer we are celebrat-
ing the 50th anniversary of the found-
ing of the National Archives as an in-
dependent establishment. When the
National Archives and Records Service
[NABS] was created by Franklin D.
Roosevelt in June of 1934, it was a
free-standing agency, reporting direct-
ly to the President. I believe that this
is the proper way to run this agency.
Today, as part of the General Services
Administration [GSA], NARS lacks
the proper authority over budget, pro-
gram priorities, and personnel man-
agement needed to effectively carry
out its important purpose.
Why is an institution dedicated to
the preservation of our historic past
buried within an agency which has a
very different set of priorities? Most of
the Archives' activities do not lend
themselves to the measurable goals of
the GSA. Principles of profit and loss
are difficult to apply to the work of ar-
chivists and records managers who
deal with people and materials of in-
tangible values. As a results, NARS'
budget has suffered and the GSA's de-
mands of the agency have increased
substantially over the years.
As long as NARS is a part of Gener-
al Services Administration, the Office
of Management and Budget [OMB] is,
and should be, preoccupied and orient-
ed toward big dollar issues involving
Federal procurement, building con-
struction and management. As a part
of the GSA, the Archives is unable to
make its case to the Office of Manage-
ment and Budget and Congress for the
skilled personnel and resources it
needs. NARS' budget has suffered
over the years while those of the Li-
brary of Congress and the Smithsoni-
an have prospered in comparison. As
independent institutions, their staffs
have a clear understanding of defina-
ble goals. Their budgets and money
disbursement can be managed within
this framework of established prior-
ities.
We need to have an archival- pro-
gram that will be able to operate pro-
fessionally in the national interest.
The NARS needs to be once again in
charge of its own affairs where it can
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.Independently sustain continuity of its
goals and a singularity of purpose.*
? Mr. BATES. Mr. Chairman, I rise in
support of H.R. 3987, the National Ar-
chives and Records Administration
Act of 1984 that would reestablish the
independence of the National Archives
by separating it from the General
Services Administration.
As we, have heard from the many
voices raised on this floor in support
of this bill, the National Archives was
established 50 years ago as an agency
dedicated to the preservation of the
Nation's official memory. It holds in
trust the records of the Federal Gov-
ernment, beginning with the earliest
jottings of the first secretary of the
Continental Congress in 1774. Born
out of the needs of the Government to
provide evidence of its own actions,
the National Archives has grown to
serve the needs of a vast public whose
lives, or the lives of their predecessors,
have been touched in one way or an-
other by that same Government. We
are a nation of immigrants, from the
Pilgrims to the latest refugees from
today's strife-torn countries. The
records of the National Archives are
outspoken testimony to the diversity
that makes up this land. Through im-
migration and naturalization records
and'those of the decennial census, our
heritage is recorded by agencies of the
National Government, and ultimately
these records are deposited in the Na-
tional Archives.
In the Archives are recorded the mo-
mentous events-the Declaration of
Independence, the Constitution, the
Emancipation Proclamation, the Su-
preme Court case of Brown against
Board of Education-as well as the less
obvious happenings that make up the
structure and meaning of American
life. In the archives are the logs and
diaries of Polar explorers, the con-
tracts and designs of the first air-
planes sold to the Government by the
Wright brothers, the land records that
vividly document the rush to settle the
West, the treaties that were negotiat-
ed to protect trade, copyrights, or the
rights of American citizens abroad.
The records that document military
valor, from the struggle against colo-
nialism in the 18th century to the
southeast Asia conflicts of recent dec-
ades, are kept by the Archives so that
future generations may know not only
who were the individuals that laid
down their lives, but why they did so.
And, in the Archives are' records of de-
bates such as this, Mr. Speaker, be-
cause the Archives houses the records
of Congress and the courts, making it
an institution that serves all branches
of the Government.
I have no argument with the Gener-
al Services Administration, Mr. Speak-
er. As an agency dedicated to perform-
ing the business and maintenance
functions of the Federal Government
it does a commendable job under often
adverse conditions. And I have no ar=gument with the recommendations of
the First and Second Hoover Commis-
sions for improving the efficiency. of
Government by consolidating offices
and functions where it is appropriate
to do so. I do believe, however, that
the experience of the 35 years since
the establishment of GSA and the as-
signment of the National Archives to
that agency, has proven it to be an
error. In my days at San Diego State
University it would have been ludi-
crous to think of placing the library
under the administration of the build-
ings and grounds department. In the
State of California the Placement of
the State Archives is much more logi-
cal than it is here in Washington,
since It reports to the office of the sec-
retary of state, which has legal au-
thority over many of the basic docu-
ments preserved in the Archives. It is
appropriate that we recognize that an
error was made, and it is appropriate
that we rectify that now. Indeed, it is
fitting that such a reversion to the
original plan for an independent Na-
tional Archives take place during its
golden anniversary.
Much of what we .do in these halls
from day to day may seem to be of less
than global importance, and we some-
times move from bill to bill seeing
them only as threads in a pattern that
we cannot easily discern. It is in the
Archives where that pattern will ulti-
mately be revealed, when researchers
study all of the threads and see how
they interweave to form a tapestry of
American civilization. The Archives,
therefore, must be independent of the
pressures normally confronting line
agencies, and the archivists must be
judicious and nonpartisan in their
judgments about retention and. dispos-
al. I would urge, therefore, that if this
legislation passes, the selection of Ar-
chivist of the qualifications and expe-
rience of the candidates, and after a
broad search for candidates with
talent and the proper credentials.
Abraham Lincoln said at Gettysburg
that the world would little note what
was said and done there that day, and
he was wrong. I might repeat his
phrase in relation to this bill, and be
right. But whether our actions are
noted or not, they will have an impact
on the record that we in the Federal
Government create to explain to
future generations what we did, and
why. It is on these grounds that I sup-
port the passage of H.R. 3987, and
urge my colleagues on both sides of
the aisle to contribute their support
also.
Thank you.?
The CHAIRMAN. Are there any fur-
ther amendments to the bill?
If not, the question is on the com-
mittee amendment in' the nature of a
substitute, as amended.
The amendment in the nature of a
substitute, as amended, was agreed to.
The CHAIRMAN. Under the rule,
the Committee rises.
^ 1823
Accordingly the Committee rose;
and the Speaker pro tempore [Mr.
H 8339
BENxrrrl having assumed the chair,
Mr. GONZALEZ, Chairman of the Com-
mittee of the Whole House on the
State of the Union, reported that that
Committee, having had under consid-
eration the bill (H.R. 3987) to improve
the preservation and management of
Federal records, and for other pur-
poses, he reported the bill back to the
House with an amendment adopted by
the Committee on the Whole.
Mr. SPEAKER pro tempore. Under
the rule, the previous question is or-
dered.
Is a separate .vote demanded on any
amendment to the. committee amend-
ment in the nature of a substitute
adopted by the Committee of the
Whole? If not, the question is on the
amendment.
The amendment was agreed to.
The bill was ordered to be engrossed
and read a third time, was read the
third time, and passed, and a motion
to reconsider was laid on the table.
Mr. BROOKS. Mr. Speaker, pursu-
ant to House Resolution 534, I call up
from the Speaker's table the Senate
bill (S. 905) to establish the National
Archives and Records Administration
as an independent agency, and ask for
its immediate consideration.
The Clerk read the title of the
Senate bill.
MOTION OFFERED BY MR BROOKS
Mr. BROOKS. Mr. Speaker, I offer a
motion.
The Clerk read as follows:
Mr. BROOKS moves to strike out all after
the enacting clause of the Senate bill, S.
905, and to insert in lieu thereof the provi-
sions contained in H.R. 3987, as passed by
the House, as follows:
That this Act may be cited as the "National
Archives and Records Administration Act of
1984":
TITLE I-ESTABLISHMENT OF AN INDE-
PENDENT NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
ESTABLISHMENT
Sac. 101. Section 2102 of title 44, United
States Code, is amended to read as follows:
"1210L Establishment
"There shall be an independent establish-
ment in the executive branch of the Govern-
ment to be known as the National Archives
and Records Administration. The Adminis-
tration shall be administered under the su-
pervision and direction of the Archivist. ".
ORGANIZATION AND GENERAL AUTHORITY
SEC. 102. (a) Chapter 21 of title 44, United
States Code, is amended-
(1) by redesignating sections 2103 through
2114 as sections 2107 through 2118, respec-
tively; and
(2) by inserting after section 2102 the fol-
lowing new sections:
12103. Officers
"(a) The Archivist of the United States
shall be appointed by the President by and
with the advice and consent of the Senate.
The Archivist shall be appointed without
regard to political affiliations and solely on
the basis of the professional qualifications
required to perform the duties and responsi-
bilities of the office of Archivist. The Archi-
vist may be removed from office by the
President. The President shall communicate
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the reasons for any such removal to each
House of the Congress.
"(b) The Archivist shall be compensated at
the rate provided for level III of the Execu-
tive Schedule under section 5314 of title 5.
"(c) There shall be in the Administration a
Deputy Archivist of 'the United States, who
shall be appointed by and who shall serve at
the pleasure of the Archivist. The Deputy Ar-
chivist shall be established as a career re-
served position in the Senior Executive
Service within the meaning of section
3132(a)(8) of title 5. The Deputy Archivist
shall perform such functions as the Archi-
vist shall designate. During any absence or
disability of the Archivist, the Deputy Archi-
vist shall act as Archivist. In the event of a
vacancy in the office of the Archivist, the
Deputy Archivist shall act as Archivist until
an Archivist is appointed under subsection
(a).
" 0 2104. Administrative provisions
"(a) The Archivist shall prescribe such
policies, standards, criteria, procedures,
rules, and regulations as the Archivist finds
necessary or appropriate to carry out the
functions of the Administration. The head of
each Federal agency shall issue such orders
and directives as may be necessary to con-
form the activities of the agency with the
policies, standards, criteria, procedures,
rules, and regulations prescribed by the Ar-
chivist.
"(b) Except as otherwise expressly provid-
ed by law, the Archivist may delegate func-
tions to designated officers and employees of
the Administration, and may authorize such
successive redelegations of such functions as
the Archivist may deem to be necessary or
appropriate. A delegation of functions by
the Archivist shall not relieve the Archivist
of responsibility for the administration of
such functions.
"(c) The Archivist is authorized to estab-
lish, maintain, alter, or discontinue such re-
gional, local, or other field offices as the Ar-
chivist finds necessary or appropriate to
perform the functions of the Archivist or the
Administration.
"(d) The Archivist may establish advisory
committees to advise him with respect to
any function of the Archivist or the Admin-
istration. Members of any such committee
shall serve without compensation but shall
be entitled to transportation expenses and
per diem in lieu of subsistence in accord-
ance with section 5703 of title 5.
"(e) The Archivist shall advise and consult
with interested Federal agencies with a view
to obtaining their advice and assistance in
carrying out the purposes of this chapter.
"(f) Each Federal agency is required to
furnish to the Archivist, upon request, any
information or other data which the Archi-
vist finds necessary to carry out the duties
of the Archivist.
"(g) If authorized by the Archivist, officers
and employees of the Administration having
investigatory functions are empowered,
while engaged in the performance of their
duties in conducting investigations, to ad-
minister oaths.
" g 2105. Personnel and services
tration the services of officials, officers, and
other personnel in other Federal agencies,
including personnel of the armed services,
with the consent of the head of the agency
concerned
"(d) Notwithstanding section 1342 of title
31, United States Code the Archivist is au-
thorized to accept and utilize voluntary and
uncompensated services.
"#2106. Reports to Congress
"The Archivist shall submit to the Con-
gress, in January of each year and at such
other times as the Archivist finds appropri-
ate, a report concerning the administration
of functions of the Archivist and the Admin-
istration.
(b) Section 2101 of title 44, United States
Code, is amended-
(1) by designating the two indented para-
graphs as paragraphs (1) and (2), respective-
ly; -
(2) by striking out "sections 2103-2113 of
this title" in the matter preceding the first
such paragraph and inserting in lieu thereof
"this chapter';-
(3) by striking out the period at the end
and inserting in lieu thereof a semicolon;
and
(4) by adding at the end thereof the follow-
ing new paragraphs:
"(3) 'Archivist' means the Archivist of the
United States appointed under section 2103;
"(4) 'Administration' means the National
Archives and Records Administration estab-
lished under section 2102; and
"(5) 'Federal agency, notwithstanding sec-
tion 2901(14), means any executive depart-
ment, military department, Government
corporation, Government-controlled corpo-
ration, or other establishment in the execu-
tive branch of the Government (including
the. Executive Office of the President), any
independent regulatory agency, or any es-
tablishment in the legislative or judicial
branch of the Government (except the
Senate and the House of Representatives). ".
(c)('1) The table of sections for chapter 21
of title 44, United States Code, is amended
to read as follows:
"CHAPTER 21-NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
'Sec.
"2101. 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, duplica-
tion, 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 re-
cordings.
"2115. Reports; correction of violations
.
"(a) The Archivist is authorized to select, "2116. Legal status of reproductions; official
appoint, employ, and fix the compensation seal, fees for copies and repro-
of such officers and employees, pursuant to ductions.
part III of title 5, as are necessary to per- "2117. Limitation on liability.
form the functions of the Archivist and the "2118. Records of Congress.".
Administration. (2) The item relating to chapter 21 in the
"(b) The Archivist is authorized to obtain table of chapters for title 44, United States
the services of experts and consultants Code, is amended to read as follows:
under section 3109 of title 5.
"(c) Notwithstanding the provisions of
section 973 of title 10 or any other provision
of law, the Archivist, in carrying out the
functions of the Archivist or the Administra. SEC. 103. (a) The National Archives and
tion, is authorized to utilize in the Adminis- Records Service of the General Services Ad-
ministration is transferred to the National
Archives and Records Administration.
(b)(1) All functions which were assigned to
the Administrator of General Services by
section 6 of Executive Order No. 10530 of
May 11, 1954 (19 Fed. Reg. 2709; relating to
documents and the Administrative Commit-
tee of the Federal Register), and by Execu-
tive Order No. 11440 of December 11, 1968
(33 Fed. Reg. 18475; relating to supplemental
use of Federal exhibits and displays), shall
be exercised by the Archivist of the United
States.
(2) All functions pertaining to the mainte-
nance, operation, and protection of a Presi-
dential archival depository which were as-
signed to the Administrator of General Serv-
ices by the Act of September 6, 1965 (Public
Law 89-169, 79 Stat. 648), relating to the
Lyndon Baines Johnson Presidential Archi-
val Depository, and by the Act of August 27,
1966 (Public Law 89-547, 80 Stat. 370) and
the Act of May 26, 1977 (Public Law 95-34,
91 Stat. 174), relating to the John Fitzgerald
Kennedy Library, shall be exercised by the
Archivist of the United States.
(c) Prior to the appointment and confir-
mation of an individual to serve as Archi-
vist of the United States under section 2103
of title 44, United States Code, the individ-
ual holding the office of Archivist of the
United States on the day before the effective
date of this Act may serve as Archivist under
such section, and while so serving shall be
compensated at the rate provided under sub-
section (b) of such section.
TRANSFER OF PERSONNEL
SEC. 104. (a) Except as otherwise provided
in this Act, the personnel employed in con-
nection with, and the assets, liabilities, con-
tracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed, held,
used, arising from, available to or to be
made available in connection, with the func-
tions and agencies transferred by this Act or
the amendments made by this Act, subject to
section 1531 of title 31, United States Code.
are transferred to the Archivist for appropri-
ate allocation. A percentage of the funds and
associated positions in the General Manage-
ment and Administration appropriation for
the General Services Administration, pro-
portionate to the percentage of National Ar-
chives and Records Service employees in the
General Services Administration, is trans-
ferred to the Archivist for appropriate allo-
cation. Unexpended funds transferred pur-
suant to this subsection shall be used only
for the purposes for which the funds were
originally authorized and appropriated
(b) The transfer pursuant to this title of
full-time personnel (except special Govern-
ment employees) and part-time personnel
holding permanent positions shall not cause
any such employees to be separatad or re-
duced in grade or compensation for one year
after such transfer or after the effective date
of this Act, whichever is later.
SAVINGS PROVISIONS
SEC. 105. (a) All orders, determinations,
rules, regulations, grants, contracts, agree-
ments, permits, licenses, privileges, and
other actions which have been issued, grant-
ed, made, undertaken, or entered into in the
performance of any function transferred by
this Act or the amendments made by this Act
shall continue in effect according to their
terms until modified, terminated, supersed-
ed, set aside, or revoked in accordance with
law by any authorized official, a court of
competent jurisdiction, or by operation of
law.
(b)(1) The transfer of functions by this Act
and by the amendments made by this Act
shall not affect any proceedings, including
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CONGRESSIONAL RECORD -- HOUSE H 8341
notices of proposed rulemaking, or any ap-
plication for any license, permit, certificate,
or financial assistance pending on the effec-
tive date of this Act before the General Serv-
ices Administration; but such proceedings
and applications, to the extent that they
relate to the functions so transferred, shall
be continued. Orders shall be issued in such
proceedings, appeals shall be taken there-
from, and payments shall be made pursuant
to such orders, as if this Act had not been
enacted; and orders issued in any such pro-
ceedings shall continue in effect until modi-
fied, terminated, superseded, or revoked by
the Archivist, by a court of competent Juris-
diction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit
the discontinuance or modification of any
such proceeding under the same teens and
conditions and to the same extent that such
proceeding could have been discontinued or
modified if this Act had not been enacted
(21 The Archivist is authorized to promul-
gate regulations providing for the orderly
transfer of proceedings continued under
paragraph (1) from the General Services Ad-
ministration to the Administration.
(c) Except as provided in subsection (e)-
(1) the provisions of this Act and of the
amendments made by this Act shall not
affect actions commenced prior to the effec-
tive date of this Act, and
(2) in all such actions, proceedings shall
be had, appeals taken, and Judgments ren-
dered in the same manner and effect as if
this Act had not been enacted
(d) No action or other proceeding lawfully
commenced by or against any officer of the
United States acting in his or her official
capacity shall abate by reason of any trans-
fer of functions by this Act or by an amend-
ment made by this Act. No cause of action
by or against the General Services Adminis-
tration or by or against any officer thereof
in the official capacity of such officer shall
abate by reason of any such transfer of func-
tions.
(el If, before the date on which this Act
takes effect, the General Services Adminis-
tration or any officer thereof in the official
capacity of such officer, is a party to an
action, and under this Act any function in
connection with such action is transferred
to the Archivist or any other official of the
Administration, then such action shall be
continued with the Archivist or other appro-
priate official of the Administration substi-
tuted or added as a party.
(/) Orders and actions of the Archivist in
the exercise of functions transferred by this
Act or by amendments made by this Act
shall be subJect to Judicial review to the
same extent and in he same manner as if
such orders and actions had been by the in-
dividual holding the office of Archivist of
the United States on the day before the effec-
tive date of this Act or the Administrator of
General Services in the exercise of such
functions immediately preceding their
transfer. Any statutory requirements relat-
ing to notice, hearings, action upon the
record or administrative review that apply
to any function transferred by this Act or by
any amendment made by this Act shall
apply to the exercise of such function by the
Archivist
REFERENCE
SEC 106. With respect to any junctions
transferred by this Act or by an amendment
made by this Act and exercised after the ef-
fective date of this Act reference in any
other Federal law to the office of the Archi-
vist of the United States as in existence on
the date before the effective date of this Act,
or the National Archives and Records Serv-
ice of the General Services Administration,
or any office or officer thereof, shall be
deemed to refer to the Archivist or the Ad-
ministration.
CONFORMING AMENDMENrv
SEC. 107. (a)(1) Section 2107 of title 44,
United States Code, as redesignated by sec-
tion 102(a)(1); is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
'Archivist".,
(B) by striking out "Administrator" each
place it appears and inserting in lieu there-
of 'Archivist', and
(C) by striking out "section 2107" in para-
graph (4) and inserting in lieu thereof "sec-
tion 2111':
(2) Section 2108 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "the Administrator, the
Archivist of the United States, and to the
employees of the General Services Adminis-
tration" in subsection (a) and inserting in
lieu thereof "the Archivist and to the em-
ployees of the National Archives and
Records Administration"
;
(B) by striking out "and in consultation
with the Archivist of the United States" in
such subsection;
(C/ by striking out "the Archivist and" in
the fifth sentence Qf such subsection;
(D) by striking out "Administrator of Gen-
eral Services" each place it appears and in-
serting in lieu thereof ' Archivist'- and
(E) by striking out "Administrator" each
place it appears and inserting in lieu there-
of 'Archivist':
(3) Section 1109 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
'Archivist';- and
(B) by inserting "and Records" immedi-
ately following "National Historical Publi-
cations".
(4) Section 2110 of such title, as redesig-
nated by section 102(a)(1), is amended by
striking out "Administrator of General Serv-
ices" and inserting in lieu thereof 'Archi-
vist'.
(5) Section 2111 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
'Archivist",, and
(B) by striking out "Administrator" and
inserting in lieu thereof "Archivist".
(6) Section 2112 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
'Archivist';
(B) by striking out 'Administrator" each
place it appears and inserting in lieu there-
of 'Archivist"' and
(C) by striking out "section 2107" each
place it appears and inserting in lieu there-
of "section 2111'.
(7) Sections 2113, 2114, and 2117 of such
title, as redesignated by section 102(a)(1),
are amended by striking out "Administrator
of General Services" and inserting in lieu
thereof 'Archivist'.
(8), Section 2115 of such title, as redesig-
nated by section 102(a)(1), is amended to
read as follows:
12115. Report; correction of violations
"(a) In carrying out their respective duties
and responsibilities under chapters 21, 25,
29, 31, and 33 of this title, the Archivist and
the Administrator may each obtain reports
from Federal agencies on such agency's ac-
tivities under such chapters.
"(b) When either the Archivist or the Ad-
ministrator finds that a provision of any
such chapter has been or is being violated,
the Archivist or the Administrator shall (1)
inform in writing the head of the agency
concerned of the violation and make recom-
mendations for its correction; and (2) unless
satisfactory corrective measures are inaugu-
rated within a reasonable time, submit a
written report of the matter to the President
and the Congress.":
(9) Section 2116 of such title, as redesig-
nated by section 102(a)(1), is amended-
(A/ by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
'Archivist'; and
(B) by striking out "Administrator" and
inserting in lieu thereof `Archivist':
(10) Section 2118 of such title, as redesig-
nated by section 102(a)(1), is amended by
striking out "General Services Administra-
tion" and inserting in lieu thereof "Nation-
al Archives and Records Administration":
(b)(1) Sections 710, 711, and 729 of title 44,
United States Code, are amended by striking
out "Administrator of General Services"
each place it appears and inserting in lieu
thereof "Archivist of the United States":
(2) Section 1502 of such title is amended
by striking out "Administrator of General
Services" each place it appears and insert-
ing in lieu thereof "Archivist of the United
States';
(3) Section 1503 of such title is amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States';-
(B) by striking out "General Services Ad-
ministration" and inserting in lieu thereof
"National Archives and Records Adminis-
tration';- and
(C) by striking out "Administrator" and
inserting in lieu thereof 'Archivist';
(4) Section 1506 of such title is amended is
amended by striking out the third sentence.
(5) Section 1714 of such title is amended
by striking out "General Services Adminis-
tration" and inserting in lieu thereof "Na-
tional Archives and Records Administra-
tion".
(6) Sections 2204(0(1) and 2205 of such
title are amended by striking out "National
Archives and Records Service of the General
Services Administration" and inserting in
lieu thereof "National Archives and Records
Administration".
(7) Section 2301 of such title is amended
by striking out the second sentence thereof.
(8) Section 2501 of such title is amended
by striking out the last sentence thereof.
(9/ Section 2504 is amended-
(A) by striking out "Administrator of Gen-
eral Services" in the third sentence of sub-
section (a) and inserting in lieu thereof "Ar-
chivist of the United States';
(B) by inserting "and Records" after "His-
torical Publications" in the fourth sentence
of such subsection;
(C) by striking out "Administrator" in the
fourth sentence of such subsection and in-
serting in lieu thereof "Archivist",*
(D) by striking out "transmit to the Ad-
ministrator" in the last sentence of such
subsection and inserting in lieu thereof
"transmit to the President and the Con-
gress"; and
(E) by striking out "General Services Ad-
ministration" in subsection (b) and insert-
ing in lieu thereof "National Archives and
Records Administration".
(10) Section 2506 of such title is amend-
ed-
(A) by striking out 'Administrator of Gen-
eral Services" in subsection (a) and insert-
ing in lieu thereof 'Archivist of the United
States", and
(B) by striking out "Administrator" in
subsection (b) and inserting in lieu thereof
'Archivist'.
(11) Section 2507 0/ such title is amended
by striking out "Administrator of General
Services" and inserting in lieu thereof `Ar-
chivist of the United States'.
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H 8342 CONGRESSIONAL RECORD - HOUSE August 2, 1984
(12) Section 2901 of such title is amend-
ed-
(A) by striking out "27," in the matter pre-
ceding paragraph (1);
(B) by inserting before the semicolon at
the end of paragraph (2) the following: "to
achieve adequate and proper documentation
of the policies and transactions of the Feder-
al Government and effective and economi-
cal management of agency operations",*
(C) by striking out "Administrator" each
place it appears in paragraphs (6), (9), and
(11) and inserting in lieu thereof 'Archi-
vist';? and
(D) by redesignating paragraphs (12) and
(13) as paragraphs (13) and (14), respective-
ly, and by inserting after paragraph (11) the
following new paragraph:
1712) the term 'Archivist' means the Archi-
vist of the United States;".
(13) Section 2902(7) is amended by insert-
ing "or the Archivist" after `Administra-
tor".
(14)(A) Sections 2903 and 2907 of such
title are amended by striking out "Adminis-
trator" each place it appears and inserting
in lieu thereof "Archivist':
(B) Sections 2905, 2908, and 2909 of such
title are amended by striking out "Adminis-
trator of General Services" each place it ap-
pears and inserting in lieu thereof `Archi-
vist':
(15) Section 2904 is amended to read as
follows:
"k2504. General responsibilities for records man-
agement
"(a) The Archivist shall provide guidance
and assistance to Federal agencies with re-
spect to ensuring adequate and proper docu-
mentation of the policies and transactions
of the Federal Government and ensuring
proper records disposition.
"(b) The Administrator shall provide guid-
ance and assistance to Federal agencies to
ensure economical and effective records
management by such agencies.
`?(c) In carrying out their responsibilities
under subsection (a) or (b), respectively, the
Archivist and the Administrator shall each
have the responsibility-
"(1) to promulgate standards, procedures,
and guidelines with respect to records man-
agement and the conduct of records manage-
ment studies;
"(2) to conduct research with respect to
the improvement of records management
practices and programs;
"(3) to collect and disseminate informa-
tion on training programs, technological de-
velopments, and other activities relating to
records management;
"(4) to establish such interagency commit-
tees and boards as may be necessary to pro-
vide an exchange of information among
Federal agencies with respect to records
management;
"(5) to direct the continuing attention of
Federal agencies and the Congress on the
need for adequate policies governing records
management;
"(6) to conduct records management stud-
ies and, in his discretion, designate the
heads of executive agencies to conduct
records management studies with respect to
"(A) on the results of activities conducted
pursuant to paragraphs (1) through (7) of
this section,
"(B) on evaluations of responses by Feder-
al agencies to any recommendations result-
ing from inspections or studies conducted
under paragraphs (6) and (7) of this section,
and
"(C) to the extent practicable, estimates of
costs to the Federal Government resulting
from the failure of agencies to implement
such recommendations.
"(d) In addition, the Administrator, in
carrying out the responsibilities under sub-
section (b) shall have the responsibility to
promote economy and efficiency in the se-
lection and utilization of space, staff, equip-
ment, and supplies for records manage-
ment.":
(16) Section 2906 of such title is amended
to read as follows:
"12906 Inspection of agency records
"(a)(1) In carrying out their respective
duties and responsibilities under this chap-
ter, the Administrator of General Services
and the Archivist (or the designee of either)
may inspect the records or the records man-
agement practices and programs of any Fed-
eral agency solely for the purpose of render-
ing recommendations for the improvement
of records management practices and pro-
gram& Officers and employees of such agen-
cies shall cooperate fully in such inspec-
tions, subject to the provisions of para-
graphs (2) and (3) of this subsection.
"(2) Records, the use of which is restricted
by law or for reasons of national security or
the public interest, shall be inspected, in ac-
cordance with regulations promulgated by
the Administrator and the Archivist, subject
to the approval of the head of the agency
concerned or of the President. The regula-
tions promulgated by the Administrator and
the Archivist under this paragraph shall, to
the extent practicable, be identical.
"(3) If the Administrator or the Archivist
(or the designee of either) inspects a record,
as provided in this subsection, which is con-
tained in a system of records which is sub-
ject to section 552a of title 5, such record
shall be-
"(A) maintained by the Administrator, the
Archivist, or such designee as a record con-
tained in a system of records; or
"(B) deemed to be a record contained in a
system of records for purposes of subsections
(b), (c), and (i) of section 552a of title 5.
"(b) In conducting the inspection of
agency records provided for in subsection
(a) of this section, the Administrator and
the Archivist (or the designee of either) shall,
in addition to complying with the provi-
sions of law cited in subsection (a)(3),
comply with all other Federal laws and be
subject to the sanctions provided therein.":
(17)(A) The heading of chapter 29 of title
44, United States Code, is amended to read
as follows:
"CHAPTER 29-RECORDS MANAGEMENT BY
THE ARCHIVIST OF THE UNITED STATES
AND BY THE ADMINISTRATOR OF GENERAL
SERVICES"
:
(C) by striking out "2701,":
(19) Section 3103 of such title is amend-
ed-
(A) by striking out "Administrator" the
first place it appears and inserting in lieu
thereof `Archivist of the United States'; and
(B) by striking out "Administrator" the
second place it appears and inserting in lieu
thereof `Archivist':
(20) Sections 3104 and 3106 of such title
are amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
"Archivist of the United States", and
(B) by striking out "Administrator" each
place it appears and inserting in lieu there-
of "Archivist':
(21) Section 3105 of such title is amended
by striking out "Administrator of General
Services" and inserting in lieu thereof "Ar-
chivist of the United States':
(22) Sections 3302, 3303, 3308, and 3311 of
such title are amended by striking out "Ad-
ministrator of General Services" and insert-
ing in lieu thereof "Archivist of the United
States'
(23) Sections 3303a and 3310 of such title
are amended-
(A) by striking out "Administrator of Gen-
eral Services" and inserting in lieu thereof
`Archivist of the United States'' and
(B) by striking out "Administrator" each
place it appears and inserting in lieu there-
of `Archivist':
(24)(A) The heading of section 3303 of such
title is amended to read as follows:
`13393. Lists and schedules of records to be sub-
mitted to the Archivist of the United States by
head of each Government agency':
(B) The heading of section 3303a of such
title is amended to read as follows:
"13303a. Examination by Archivist of the United
States of lists and schedules of records lacking
preservation value, disposal of records':
(C) The heading of section 3311 of such
title is amended to read as follows:
"13311. Destruction of records outside continental
United States in time of war or when hostile
action seems imminent; written report to Archi-
vist of the United States
(D) The table of sections for chapter 33 of
such title is amended by striking out "Ad-
ministrator of General Services" in the
items pertaining to sections 3303, 3303a,
and 3311 and inserting in lieu thereof `Ar-
chivist of the United States':
(25) Section 3504(e) of such title is amend-
ed by inserting "the Archivist of the United
States and" before "the Administrator of
General Services" each place it appears in
paragraphs (1) and (2).
(26) Section 3513 of such title is amended
by inserting "and the Archivist of the United
States" after "Administrator of General
Services':
(c)(1) Section 101 of the Presidential Re-
cordings and Materials Preservation Act is
amended-
(A) by striking out "section 2107" each
place it appears and inserting in lieu there-
of "section 2111';?
(B) by striking out "Administrator of Gen-
eral Services (hereinafter in this title re-
ferred to as the Administrator')" and insert-
ing in lieu thereof `Archivist of the United
States (hereinafter referred to as the Archi-
vist')",? and
(C) by striking out "Administrator" and
inserting in lieu thereof "Archivist':
(2) Section 102 of such Act is amended-
(A) by striking out "section 2107" and in-
serting in lieu thereof "section 2111"; and
(B) by striking out "Administrator" each
place it appears and inserting in lieu there-
of `Archivist':
-
mutiny co cnapcer cmi in me
establishing systems and techniques de- -table '?' l "c acorn 7
sinned to save time and off rt in .a of chapters for title 44, United States
management;
"(7) to conduct inspections or surveys of
the records and the records management
programs and practices within and between
Federal agencies;
"(8) to report to the appropriate oversight
and appropriations committees of the Con-
gress and to the Director of the Office of
Management and Budget annually and at
such other times as the Archivist or the Ad-
ministrator (as the case may be) deems de-
sirable-
Code, is amended to read as follows:
"29. Records Management by the Archivist
of the United States and by the Ad-
ministrator of General Services ........... 2901":
(18) Section 3102 of such title is amend-
ed-
(A) by inserting "and the Archivist of the
United States" after "Administrator of Gen-
eral Services" in paragraph (2);
(B) by striking out "sections 2101-2113"
and inserting in lieu thereof "sections 2101-
2117", and
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H 8344
CONGRESSIONAL RECORD - HOUSE August 2, 1984
initiate an action for such recovery or other
redress within a reasonable period of time
after being notified of any such unlawful
action, the Archivist of the United States
shalt, through the Attorney General, initiate
such an action; and the Archivist shall
report the circumstances of any such failure
by the head of the agency, or of any refusal
of the Attorney General to initiate such an
action, to the appropriate committees of the
Congress.':
INSPECTION OF RECORDS
SEC. 204. Section 3301 of title 44, United
States Code, is amended-
(1) by inserting "(a)" before "As used in
this chapter, ';
(2) by inserting "; as determined by the Ar-
chivist of the United States," after "public
business and preserved or".- and
(3) by adding at the end thereof the follow-
ing new subsection:
"(b) The Archivist of the United States
shall, by regulation, establish detailed crite-
ria under which material shall be examined
to determine if it is a record as defined
under subsection (a) and such regulation.
The Archivist may have access, to determine
compliance with such subsection and such
regulations, to any material made or re-
ceived by an agency of the United States
Government. Access to such material, and
the examination thereof, by the Archivist
shall be in compliance with all other Federal
laws and be subject to the sanctions provid-
ed therein.
PUBLIC NOTICE
SEC. 205. Section 3303a(a) of title 44,
United States Code, is amended by inserting
", after publication of notice in the Federal
Register and an opportunity for interested
persons to submit comment thereon" imme-
diately after "may" in the second sentence
thereof.
TITLE III-GENERAL PROVISIONS
EFFECTIVE DATE
SEC. 301. The provisions of this Act (in-
cluding the amendments made by this Act)
shall be effective on April 1, 1985.
SPENDING AUTHORITY
SEC. 302. Any new spending authority
(within the meaning of section 401 of the
Congressional Budget Act of 1974) which is
provided under this Act shall be effective for
any fiscal year only to the extent or in such
amounts as provided in appropriations
Acts.
The SPEAKER pro tempore. The
question is on the motion offered by
the gentleman from Texas [Mr.
BROOKS].
The motion was agreed to.
The Senate bill was ordered to be
read a third time, was read the third
time, and passed.
The title of the Senate bill was
amended so as to read: "An Act to im-
prove the preservation and manage-
ment of Federal records, and for other
purposes."
A motion to reconsider was laid on
the table.
A similar House bill (H.R. 3987) was
laid on the table.
GENERAL LEAVE
Mr. BROOKS. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 legislative days in which to
revise and extend their remarks on the
bill just passed.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Texas?
There was no objection.
AUTHORIZING EXCHANGE OF
CERTAIN LANDS FOR SANTA
MONICA MOUNTAINS NATION-
AL RECREATION AREA
Mr. SEIBERLING. Mr. Speaker, I
ask unanimous consent for the imme-
diate consideration of the bill (H.R.
3331) to authorize the exchange of
certain lands between the Bureau of
Land Management and the city of Los
Angeles for' purposes of the Santa
Monica Mountains National Recrea-
tion Area.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Ohio?
There was no objection.
The Clerk read the bill, as follows:
H.R. 3331
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That sec-
tion 507(c)(2) of the National Parks and
Recreation Act of 1978 (92 Stat. 3501; 16
U.S.C. 460kk) is amended by
COMMITTEE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
The SPEAKER pro tempore. The
clerk will report the committee
amendment.
The Clerk read as follows:
Committee amendment in the nature of a
substitute:
Strike all after the enacting clause and
insert:
That section 507(c)(2) of the National Parks
and Recreation Act of 1978 (92 Stat. 3501) is
amended by-
(1) inserting "(A) after "(2)";
(2) striking out "Any" in the third sen-
tence thereof and substituting "Except as
provided in subparagraph (B), any"; and
(3) adding the following new subpara-
graph at the end thereof:
"(B) The Secretary (acting through the
Bureau of Land Management) shall negoti-
ate, and carry out, and exchange with the
city of Los Angeles (acting through its de-
partment of water and power) of certain
federally owned lands managed by the
Bureau of Land Management in the vicinity
of the Haiwee Reservoir in Inyo County for
certain lands owned by the city of Los Ange-
les which are associated with the Upper
Franklin Reservoir in the city of Los Ange-
les. Lands acquired by the Secretary pursu-
ant to such exchange shall be transferred
without cost to the administrative jurisdic-
tion of the National Park Service for inclu-
sion within the recreation area. The Secre-
tary shall include in such exchange a provi-
sion for an easement to be granted to the
city of Los Angeles for the existing water
pipeline associated with the Upper Franklin
Reservoir and for the city of Los Angeles to
provide for replacement water to maintain
the water elevations of the Franklin Reser-
voir to the current levels. The values of
lands exchanged under this provision shall
be equal, or shall be equalized, in the same
manner as provided in section 206 of the
Federal Land Policy and Management Act
of 1976.".
The SPEAKER pro tempore. The
question is on the committee amend-
ment in the nature of a substitute.
The committee amendment in the
nature of a substitute was agreed to.
Mr. SEIBERLING. Mr. Speaker,
H.R. 3331, introduced by our colleague
Howard Berman, would provide for an
equal value land exchange between
the Department of the Interior and
the city of Fos Angeles.
The Santa Monica Mountains Na-
tional Recreation Area [SMMNRAI,
established in 1978 (Public Law 95-
625) has within its boundary lands
owned by the city of Los Angeles. The
act provides for donation of such lands
to the National Park Service, at the
discretion of the city, but does not
permit exchange for other Federal
land. The city land contains a small
reservoir-Upper Franklin Reservoir-
which is no longer used as a part of
the water supply system and the pota-
ble water is now diverted into a pipe-
line that passes under the reservoir.
Upper Franklin Reservoir is now par-
tially filled with nonpotable water and
is the focal point of an area of geologi-
cal diversity including over 100 plant
species, which is heavily used as a
nature center by the William O. Doug-
las outdoor classroom.
The city of Los Angeles constructed
the Haiwee Reservoir-located in Inyo
County, CA-as part of the city water
system in the early 1900's. A portion
of the reservoir is on Federal lands ad-
ministered by the Bureau of Land
Management. The land area around
the Haiwee Reservoir is an alkaline
desert typical of this region of Califor-
nia. While plant and animal life is lim-
ited there are several bald eagles that
winter in the reservoir area.
The city of Los Angeles desires to
obtain ownership of the lands around
Haiwee Reservoir and favors an equal
value exchange for those lands within
the boundary of the SMMNRA owned
by the city, including the Upper
Franklin Reservoir.
I know of no controversy regarding
this bill and since it requires a land ex-
change of equal value there will be no
cost to the Federal Government.
The bill was ordered to be engrossed
and read a third time, was read the
third time and passed, and a motion to
reconsider was laid on the table.
GENERAL LEAVE
Mr. SEIBERLING. Mr. Speaker, I
ask unanimous consent that all Mem-
bers may have 5 days in which to
revise and extend their remarks on the
bill just passed.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Ohio?
There was no objection.
WILD AND SCENIC RIVERS ACT
AMENDMENTS
Mr. SEIBERLING. Mr. Speaker, I
ask unanimous consideration for im-
mediate consideration of the bill (H.R.
5851) to amend the Wild and Scenic
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