HOUSE PASSAGE OF NATIONAL ARCHIVES LEGISLATION

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• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 23, 2016
• Document Release Date: July 30, 2013
• Sequence Number: 2
• Publication Date: August 6, 1984
• Content Type: MEMO

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MEMORANDUM FOR:
FROM:
84-2824
6 August 1984
RMD/OIS/DDA
L&LD/OGC
Deputy Chief
Legislation Division
Office of Legislative Liaison
SUBJECT: House Passage of National Archives Legislation
1. Attached for your information is the Congressional
Record Daily Digest summary of the House passage of the
National Archives legislation on 2 August and the proceedings
and statements made on the floor. I have underlined all
portions relating to our amendment.
2. As the Record indicates, the Committee of the Whole of
the House first considered H.R. 3987 as amended by the House
Government Operations Committee (see page H8326). The bill
being considered under an open rule, which allows amendments
from the floor, Chairman Brooks offered a bloc of technical
amendments which included our amendment (see page H8330). The
only statement made concerning this amendment is at the bottom
of page H8330 to the top of H8331. These amendments were
agreed to (see page H8331). After consideration of other
amendments, one of which retains the Information,a4rd-Security
Oversight Office (IS00) within GSA (see page H8331), the
Committee of the Whole agreed to H.R. 3987 as amended. The
House then passed H.R. 3987 as so amended (see page H8339).
3. The final procedural motion, made by Chairman Brooks,
was to consider S. 905, the Senate version of the bill, and to
substitute the House language in H.R. 3987 as just passed (see
page H8339). This motion was adopted (see page H8344) and the
language of S. 905, as passed by the House, is set forth on
pages H8339 - H8344. Our amendment is on the last page.
4. Mr. John Parisi, Minority Counsel to the Government
Operations Subcommittee on Government Information, Justice, and
Agriculture, informed me last week that House staff concerned
with this legislation will be meeting with their Senate
counterparts this week to see whether a conference on the bill
nrom
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STAT
STAT
STAT
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can be avoided. Staff of the SSCI are being notified of this
and of the amendment made on our behalf. I also informed NSA
and DIA last week of the House passage with our amendment.
They had concurred in the amendment as sufficient to also meet
their concerns.
At
cc:
KAD:ngm (6 August 1984)
STAT
C/IPD/OIS STAT
2
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August 2, 1984
CONGRESSIONAL RECOMRD DAILY DIGEST
Subsequently, this passage was vacated and S. 905,
a similar Senate-passed bill, was passed in lieu after
being amended to contain the language of the
House bill as passed. Agreed to amend the title of
the Senate bill.
???
Page H8325
Santa Monica Mountains Recreation Area: House
passed H.R. 3331, to authorize the exchange of cer-
tain lands between the Bureau of Land Management
and the city of Los Angeles for purposes of the
Santa Monica Mountains National Recreation Area.
Agreed to the committee amendment.
Page H8344
Cache la Poudre River: House passed H.R. 5851, to
amend the Wild and Scenic Rivers Act to designate
a segment of the Cache la Poudre River in Colora-
do for potential addition to the National Wild and
Scenic River System.
Agreed-to a technical amendment.
Agreed to amend the title.
Page H8344
Legislative Program: The Majority Whip announced
the legislative program for the week of August 6.
Agreed to adjourn from Thursday to Monday.
Page H8345
Calendar Wednesday: Agreed to dispense with Calen-
dar Wednesday business of -August 8.
Page H8346
Quorum Calls?Votes: One quorum call, one yea-and-
nay vote, and five recorded votes developed during
the ,proceedings of the House today and appear on
pages H8284, H8301, H8302, H8306, H8318, H8324.
Adjournment: Met at 10 a.m. and adjourned at 11:45
p.m.
Committee Meetings
August 2, .1984
An amendment that provides that no project or
activity could be reduced by more than 3 percent.
Rejected a motion that the Committee of the
Whole rise and report the bill back to the House
with the recommendation that the enacting clause
be stricken.
Peg* H8284
_
Child :Abuse: House disagreed to the Senate
amendment to H.R. 1904, to extend and improve
the provisions of the Child Abuse and Prevention
and Treatment Act and the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978;
and agreed to a conference. Appointed as conferees:
Representatives Perkins, Gaydos, Biaggi, Simon,
Miller of California, Murphy, Corrada, Williams of
Montana, Eckart, Erlenborn, Goodling, Coleman of
Missouri, Bartlett, and McCain.
Page H8324
Commerce-Justice-State-Judiciary Appropria-
tions: Conferees received permission to have until
midnight Friday, August 3, to file a conference
report on H.R. 5712, making appropriations for the
Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year
ending September 30, 1985.
' Subsequently, it was made in order to consider
the conference report and any amendments in dis-
agreement on Tuesday, August 7, or any day there-
after.
Page H8324
Late Report: Objection was heard to a unanimous-
consent request that the Committee on Ways and
Means be permitted to have until midnight Monday,
August 6, to file a report on H.R. 5640, Superfund
Expansion and Protection Act of 1984.
FOREIGN OPERATIONS APPROPRIATIONS
Committee on Appropriations: Subcommittee on For-
eign Operations continued markup of the Foreign
Operations appropriations bill for fiscal year 1985.
INTELLIGENCE BRIEFING
Committee on Armed Services: Met in executive session ' ?
to receive a classified intelligence briefing. The
committee was briefed by representatives of the De- 1
fense Intelligence Agency.
RENEGOTIATION ACT AMENDMENTS
Committee on Banking, Finahce and Urban Affairs: Or-
dered reported H.R. 639, Renegotiation Act
Amendments of 1983.
Page H8324
Federal Records Preservation: House passed H.R.
3987, to improve the preservation and management
of Federal records.
Agreed to the committee amendment in the
nature of a substitute.
Agreed To:
A technical amendment;
An amendment that strikes language transferring
certain functions relating to national security infor-
mation from the Administrator of GSA to the Archi-
vist; and
An amendment that provides that regulations re-
lating to public access to certain tapes cannot take
effect until the expiration of 60 legislative days after
their submission to Congress.
Rejected an amendment in the nature of a substi-
tute that sought to retain the National Archives and
Records Administration in GSA, but give the statu-
tory authorities for its operations to the Archivist.
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Augiist 2, 1984 CONGRESSIONAL RECORD ? HOUSE H 8325
the age of 66 at
Center in Mad'
? Arnold Li
W
ce
devot
l
e Regional Medical
nville, KY.
will be remembered in
estern
tucky for his business suc-
sses i
he trucking industry an his
n to religious causes, p ticu-
arl
church-related televisio e was
cribed by Madisonvill journalist
usan Simmons in an ob uary appear-
ing in the M.adisonvi Messenger on
July 31 as "a go-ge er in the business
world who achi ed prosperity and
success in the aterial world as well as
a close co union with his spiritual
world." e of Arnold Ligon's t-
standi achievements was th con-
stru ion of a Christian telev on_sta-
-ti - in western Kentucky projeet, on
-hich he spent hundre of thousands
of dollars ,and co as hours of his
time. - -
I am proud ave represented this
outstandin ?usinessman and philan-
thropist his Congressman in t
U.S. ?use of Representatives,
amA oud to have called Arno). 'gon
friend.
Survivors include
Mrs. Carol Ligon,
three sons, Herb Li
Ligon, and Jam
ter, Deborah
Bonnie Wo
and six ndchildren.
al services for Arnold
are eing held today at Lif
, home church M Madis
I extend my sympath
'ors and friends of
Kentuckian who w
those of us who
ovely wife,
Madisonville;
, Jr., Tommy G.
Ligon; one daugh-
on; and a sister, Mrs.
an, all of Madisonvill ;
gon
enter,
vine, KY.
o the survi-
s outstanding
an inspiration to
ew and loved him.
NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION
ACI OF 1984
The SPEAKER. Pursuant to House
Resolution 534 and rule =II, 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. 39871
IN THE COMMITTEE OF TI-EE 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 (HR. 3987) to improve the
preservation and management of Fed-
eral records, and for other purposes,
with Mr. GoNzat.Es 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 us 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 corrznemo-
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 less 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. HR. 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 corn-
munites strongly support H.R. 3987.
The purpose of the bill is to restore
the independence of the National Ar-
chives q.nd 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 mis-allied 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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II 8326
CONGRESSIONAL RECORD?HO
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 conarriittee 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-
, .
This -is not'the time to try out -yet
one further experiment of manage-
ment :upon the National -Archives.
This is the -time to cornPlete 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. CisNom 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 RECORD and
open to amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas? .
There v;a_s_no:objection::t .,
The text of H.R._3987,...follovling sec-
tion 1, is as follows: '
TITLE I?ESTABLISHMENT OFAN INDE-
PENDENT NATIONAL ARCHIVES ,AND
RECORDS ADMINISTRATION
ESTABLISHMENT
SEC. 101, Section 2102 of title 44, United
States Code, is amended to read as follozas:
"4.2101 Establishment
"There shall be an independent -establish-
ment in the executive branch of the G-overn-
ment to be known as the National Archives
and Records .4dmznistration. The Adminis-
tration shall be administered -under -the su
pervision and direction of the Archivist..".
? ORGANIZATION AND GENERAL A uneoRrri
SEC. 102. (a) Chapter 21 of title 44, Unite
States Code, is amended?
' (1) by Tedesignating sections 2103 .throug
2114 as sections 2107 through 2118, re-spec
lively; and -
-(2) by insening after section 2102 the fol
lowing new sections:
"42103. Officers ,
"(a) The Archivist- of :th-e United States
shall be appointed by the President by and
with' the advice and consent of the Senate.
The Archivist shall be appointed without
recant to political affiliations and solely on
the basis of the professional qualifications
required to perform-the duties and responsi
bilities of lhe _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 Sch.edulerunder section 5314 of -
"(c) There-shall be in the Administration
Deputy Archivist-of Ihe United States, :who
shall-be ap,pOinted 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 /he 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 a-ct as Archivist-until
an Archivist.is -.appointed under subsection
(a).
.
-
"4.2104. Administrative provisions
USE 'August 2, 1984
- "(g) If authorized by the Archivist, 'officers
7 and employees of the Administration having
_ investigatory functions :a-re ?enzpowered,
d while engaged in the performance .of
duties in conducting investiga(ions, to ad-
h minister oaths.
"sc 2105. Personnel and services
"(a) The Archivist is authorized to select,
appoint, emPloy, and fix the compensation
of such officer's and employees, pursuant to
part III of title 3,--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 -
"(e) Notwithstanding the provisions --of
- section 973 of title 10 or any other provision
of law; the Archivist, in carrying old the
fzinctions.o_f -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-penanne/ of the armed services,with the consent-of.the head of the agency
"(d) The Archivist is authorized .to -accept
and -utilize voluntary and yincoraperysated
services., ? ?
"(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 .nece.sary 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, arid may-authorize such
successive red.elegations: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 -wi respett to -
any function of the Archivist or the
istration Members of any -such committee'
shall -serve without compensation but. shall
be entitled to transportation expenses arid -
per diem in lieu of subsistence in accord-
ance with section 5703 of title 5.
"(el The Archivist shall a.dvise and consult
with interested Federal agencies with a view
to obtaining their advice and assistance' in
c? arrying out Vie 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
f the Archivist.
"42106. 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 7101 of title 44, United States
Code,-is amended?
(1) by designating the two indented para-
graphs as paragraphs (1) and (2), respective-
ly;
(21 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;
(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) 'Admin.istration' 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 e:xecu-
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, 1.984 CONGRESSIONAL RECORD ? HOUSE bi 1
' "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".
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. 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 Ge-neral- 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. 6481, relating to the-
Lyndon Baines Johnson Presidential Archi-
val Depository, and by the Act of August 27,
1566 (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) end 5.2(a) of Executive Order
No. 12356 of April 2, 1982 (relating to na-
tional sec-uritY information and the Infor-
mation Security Oversight Office), 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 ho/ding 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-
faired to the Archivist for appropriate alto-
?
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
----
(b)(1) The transfer of functions by this Act
and by the amendments mmie 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) front the General Service_s 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 cations 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. . .
(e) If, before the date on which this Act
takes effect, the General Services Admi-nr-
tration or any officer thereof in the o ?
capacity of such officer, ir
action, and under this - ...nction in
connection with sur'- __ton is transferred
to the Archivist other official of the
Administrc,- , then such action shall be
con tin t - with the Archivist or other appro
pr ? _ official of the Administration substi
? .,ed 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 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 rl-afe of this Act, reference in. any
other Federn1 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 Architsig- Or the'Ad--
ministration_ ?T. "
.
CONFORMING AMENDMENTS:
SEC. 107 (a)(1) Section 2107 of title 44,
United States Code, as redesignated by sec-
tion 102(a)1.1), 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 (41 and inserting in lieu thereof "sec-
tion 2111".
(2) Section 21_08 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 ill:-
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(0(1), is amended?
(A) by striking out "Administrator of Gen-
era/ Sari-ices" 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
- ?
(5) Section 2111 of such title, as redesig-
nated by section 102(a)(1), is o mended? .
(A) by striking out "Admintstre tor of Gert
crai " and inserting in lieu thereof
:'Architnst-; 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-
eral Services" and inserting in lieu thereof chivist of the United States";
"Archivist"; (B) by striking out "Administrator" in the
(B) by striking out "Administrator" each fourth sentence of such subsection and in-
place-it appears and inserting in lieu there- serting in lieu thereof "Archivist.;
of "Archivist"; and (C) by striking out "trans-mit to the Ad.
(C) by striking out "section 2107" each ministrator" in the last sentence of such
place it appears and inserting in lieu there- subsection and inserting in lieu thereof
of "section 2111". ? "make available to the public"; and
(7) Sections 2113, 2114, and 2117 of such (D) by striking out "General Services Ad.
title, az redesignated by _section 102(a)(1), ministration"-in subsection (b) and insert-
are amended by striking out "Administrator ing in lieu thereof "National Archives and
of General -Services" and inserting in lieu Records Administration".
thereof "Archivist". (10),Section 2506 of _such title is amend-
(8) Section 2115 of such title, as redesig- ed? -
noted by section 102(a)(1), is amended :to -(A) by striking out "'Administrator of Gen-
read a.s follows: - era) Services" in -subsection -(a) and insert-
"2 ll.. Reports; correction of violations-- ing in -lieuthereof. "Archivist of the United
"(a) /n carrying out their respective duties States"; and
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 undersuch 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.!)all .(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 reclesig--
noted 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 ?Meru:Led by
striking out "General Services Administra-
tion" and inserting in lieu thereof "Nation-
al Archives and Records Administration".
(b)(/) Secticms 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 Slates':
(2) Section 1502 of such title is amended
by striking out ".Administrator of Genera/
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;
era) 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 _Admini-s-
tration"; and . _
?
(C) -by -striking out "Administrator" and
inserting in lieu thereof 'Archivist".
(4) Section 1506 of-such title is or-nen-tied 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- ?
tiona/ Archives and Records Administra--
tion". ? ? ? *- '
(6) Sections '2204(c)(1) _and .2205 ..:of such:
title are.arnended by striking out ''.'National
es ane JLecords5ervice 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 ?sentenoc thereof.
? (8) Section 2501 of such title is _amended
by striking out the last sentence thereof. .
(9) Section 2504 is amended? ? ? _ ? .
(Al-by striking out "Administrator of Gen-
era) Services" in the third -sentence of sub-
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USE August 2,1984
"(4) to establish such interagency commit-
tees and boards as may be necessary to pro-
vide an exchange of informati on among
Federal agencies with respect to records
management;
(B) -by--striking -out 'Adniinistrator" in
subsection (b) and inserting in lieu -thereof
? , .
? ( 11) _Section .250.7 of VIC11. title .is -amended
-by striking out "Administrator -o.f.Generat
Services" - and _inserting inlieu --2.hereof !Ar-
chivist of the United States". -
(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--
p ace it appears in paragraphs (E), (5), and
(11) and inserting in _lieu thereof "Archi-
vist"; an.d - ?
(D) -by .redeSignating paragraphs (12) and
(13) as paragraphs (13) and (14), respective-
ly, and by inserting after paragraph-(1-1)the
following new paragraph:
"(12) 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 suchtitle are amended by striking -out "Adminis-
trator of General Services" each-place it ap-
pears and inserting in . lieu thereof "Archi-
vist". : - --
..(15) See . -Section 2904 :amended to -read as
follows: ?
. ? - . ? .
"? 2904. 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 resPonsibUities
under subsection. (a) or (b), respectively, the
Archivist and the Administrators-hall each
have the responsibility? -
'"(1) to promulgate standards, -procedures,
and guidelines-with respect to man-
agement and-the conduct of records manage-
ment-studies; .
_
-(z) to -con-ductresearch. researc
-respect to
the improvement of records m.,-,agerne-nt
practices and programs; - ? ' -
"(3) to collect and disseminate informa-
tion on training programs, technological de-
velopments, and other activities relating 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
Management -and Budget annually -and at
such othentimes a.s -the Archivist-or -the Ad-
ininistrator ?fas :the case-may .bel deems de-
sirable?
.
. "(A) on the_results .of activities ;conducted
pursuant to:paragraphs (1) -through T,7,: of
this section, , . ? ' ? ";:--
.
"(B) on evaluations of responses:bW.Feder-
al agencies LO -any :recomrnendations resuit-
ing from :inspections or studies -conducted
under paragraphs (5) and (7) of this section,
and . . ? ?
"(C) to the?extent practicable-estimates of
costs to the :Federal Government -resulting
from tne failure -of- agencies -to implement
such recommendations. ?? , ? , -
"(d) In addition, the Administrator, in
carrying out the resPonsibiIities -under -sub-
section (b) shall have ?the responsibility -to
promote economy and- efficiency in -.the se-
lection and utilization of space, stalf,,equip-
ment, and ? supplies for records -manage-
ment.". ?
" -
(16) Section 2906 of such title is amended
to read as follows: - ?
"? 2906. Inipection of agency r'eco?rda.
,.,. . . _
"(a)(1) In:earry.,ing out their respective-
duties and responsibilities under-this chap-
ter, the Administrator of Genera/ 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 cagey-L.4.y 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-13) of this subsection.
"(2) Records, the u-se of which is restricted
by law or-for reasons of national security or
the public interest, shall be inspected, in ac-
ordan.ce with regulations promulgated _by
the Administrator a.nd the Archivist, subject
to the approval of the head -of the agency
oncerned or of the President, The regula:
ions promulgated by the Administrator -and
the Archivist-under this paragraph Sha//,--to
the extent practicable,?be identicaL
-"(3) If-the Administrator or the.Ardh.ivist
or the designee-of either) inspects a-record,
as provided-in this-subsection, which is con--
tatned 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 containedin a
system of records for purposes of. subsections
(Lk (c), and(i) of section 552a-of tine-5.' ? -
ag"eYnbciy In conducting the inspection or ?
rc?r-rcis provided for in subsection
?
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A ugu.?t 2, 198.4 CONGRESSIONAL RECORD ?HOUSE H 8329
(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 m&(3),
comply with all other Federal laws and be
subject to the sanctions provided Therein.".
(171(A) The heading of chapter 29 of title
44, United States Code, is amended to read
as follows:
-CHAFTER 29-RECORDS MANAGEMENT Ili
THE ARCHIVIST OF THE UNITED STATES
AND BY THE A HVINISTRATOR OF GENERAL
SERVICES". - - - - - ? - - -
(B) The-item relating to chapter 29 in the
table of chapters for title 44, United States
Code, is amended to read as follows:
".2k ReCords Management-by the Archivist -
of the- United States and by the Ad- -
ministrator of General Services 21+01".
(18) Section 3102 of such title is aniend-
ed-
(A) by inserting "and the Archivist of the
- United States" after "Administrator of Gen-
eral Services" in paragraph (21;- ,-
(B) by strildng. out "sections 2101-2113"
and inserting in lieu thereof "sections 211)1-
2117": and .
(C) by striking out "2701,".
T19) 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) try striking out."Administrrztor" the
second place it appears and inserting in lieu
Caereof "A rchivist".
120) Sections 2104 and 3106 of such title
are amended-
(A) by striking out "Administrator of Gen-
eral Seri-ices" and inserting -in Herz thereof
"Archivist of the United States"; and
(B) by striking out "Administrator" each
place it appears and inserting in Licu 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" a.nd 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-
era Services" and inserting -in lieu thereof
"Archivist of the United Stater"; and
(B) by striking out "Administrator" each
place it appears and inserting in lieu there-
of "Archivist". ?
f241(A) The heading of section 3303 of such
title is amended to read as follows:
'WIWI Lists and schedules -of records to he sub-
.mitted to the Archivist of the United States by
head of each Government agency; -
- (13) The heading of section 3303a of such
title is amended to read as folio= -
"k 3303a Examination by Archivist of the United
States of lists and schedules of records. lacking
preservation value; disposal of records": :
(CI The heading of section 3311 -of such
title is amended to read as follows:, .
"a 2.2IL.Destraction of records outside continental
Vnited States in lime of war or when hostile
action seems imminent. written report to Archi-
vist of the United States': - ?
ID) 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 ghereof_'..Ar-
chivist of the United S(ates".
125) Section 3504(e) of such title. is amend-
ed by inserting "the Archivist of the United
Strifes and" before "the Administrator of
General Services" each place U appears in
paragraphs (1) and (2). .
126) Section 3513 of such title is amended
by inserting "and the Archivist of the United
States" after 'Administrator of Genera
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 a.s 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". ?
/3) Section 103 of such ACI is amended by
striking out 'Administrator" and inserting
in lieu thereof "Archivist".
(d) Sections 106a, 106b, 112, 113, and 201
of title I, United States -Code, are amended
by striking out "Administrator of Genera
Services" and "General Services Adminis-
tration" each place they appear and insert-
ing in lieu thereof "Archivist of the United
States" and "National Archives and Records
Administration"; respectively.
(e)(1) Sections 6 and 11 through 13 of title
3, United States Code, are amer-ded by strik-
ing out "AdMinistnator 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 Adminis-
tration", respectively. ?
(21(A) The heading of section 6 of such
? title is amended to read as follows:
"?redentials of elector-4 transmission to .archi-
Cis' of the. United States and to Congress; public
_inspection". ? , . _
(B) The heading of Seetion. 12 of stSiCh title
is amended to read asfollouis:
- .
"i 12. Failure of certificates of electorsto 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 Genera/ Services" in the
items pertaining to sections 6 and 12 and
inserting in lieu Thereof 'Archivist of the
United States". ?
(1) Sect-ions 141 through 145 of title 4,
United_States Code, are amended by striking
out 'Administrator of General Services':
"Administrator"; and "General Services Ad-
ministration" each place they appear and
inserting in lieu thereof "Archivist of the
United States", "Archivist': and "National
Archives and Records Administration", re-
spectivelY. ?.
Ig) Subsections (b)(6) and (1).(1) of section
552a of title 5, United States Code, are
a.mended by striking out ':Administrator of
Genera/ Services" each place it appears and
inserting in lieu thereof 'Archivist of the
United Ste tec "
1h) Section 5314 of title 5, United States
Code, is amended by adding at the end
thereof the following:
.
"Archivist of The United States.'
Ii) Section 415) of the Act of October 25,
1951 125 U.S.C. 199a) is amended by striking
out ,"Administrator of Genera/ Services"
each place it appears and inserting in lieu
thereof 'Archivist of the United States':
_
DEF7A'FI7ONS
SEC. 108. For purposes of sections 103
through 106-
(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 "Administration" means the
National Archives and Records Administra-
tion established under section 2102 of such
title (as amended by section 2 of this Act):
and
(3) the _term 'Yur..ction" includes any duty,
obligation, power, authority, responsibility,
right, privilege, activity, or program. ?
ETY'ECTIVE DATE
SEG 109. The provisions of this title shall
7.re effective 120 days after the date of enact-
ment of this Act. - - ?
? TITLE II-ADMINISTRATIVE ?
_ - ? PROVISIONS
COPYING AND AUTHEA77CATING CHARGES
SEC. 201: Section 2116(c) of title 44, United
States Code las redesignated by section
102(a)). is amended to read (1.2 follows:- . ? .
"(c) The Archivist may charge a fee set to
recover the costs for making or izuth.enticat-
ing copies or reproductions *of materials.
transferred to his custody. Such fee shall be
fixed by the Archivist at a level which:will
recoves. 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 equipm-ent. Such fees
shall be paid into, administered, and ex-
pended as a part of 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 appro-
priations available to the Archivist for this
purpose are insufficient to cover the cost of
performing the work.":
NATIONAL ARCHIVES TRUST FUND BOARD
SEC. 202. (a) Chapter 23 of title 44, United
States Code, is amended by striking out sec-
tions 2302 through 2305 arid inserting in.
lieu thereof the following:
"123(11. Authorityy, of the Board; seal; sereiceic
annual report- bylair4 rules; regulations
"In carrying out the purposes of this
chapter, the Board-'
"(1) may adopt an officio? seal, which
shalt be judicially noticed,'
"(2) may utilize on a reimbursable basis
the services and personnel of the National
Archives and Records Administration neces-
sary (as determined try the Archivist) to
assist the Board in the administration of
(he trust fund, and in the preparation and
publication of special works and collections
of sources and preparation, duplicationeed-
iting, 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, se-
curities, end other person-a/ 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 Archive-s and Records Administration
for expenditure and to other Federal agen-
"(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 repute-
- 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 Us functions.
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H 8330 CONGRESSIONAL RECORD ? HOUSE
"p2303. Powers and obligations of the Board,-
ability of members
"Except as otherwise provided by this
chapter, the Board shall have all the usual
powers and obligation.s of a trustee with re-
spect to property and funds administered by
it, but the members of the Board are not per-
sonally liable, =cept for malfeascznce.
2304. 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, m.a.yaUthor-
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.
"? 2305. Acptance 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:
"? 2307. Trait fund aceount 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 Trmst 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 Lf77047E "-? ?-?
SEC. 203. (a) Section 2905(a) of title 44,
United States Code, is amended by adding
at the end thereof the following new sen-
- fence: "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
United States shall, through the Attorney
General, initiate such an tion,' and the Ar-
chivist shall report the circumstances of any
sucit 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 4.4, United
States Code, is amended?
(1) by inserting "(a)" before "As used in
this chapter,"; ....?
(2) by inserting 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 NO77CE
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 Whidhl 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" after "His-
toncal 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-
Page 29, strike out lines 8 througlit 11 and
Insert in lieu thereof the following: s
(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 Arch!-
August 2, 1,984
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 lihes 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 follov.ing period and insert
in lieu thereof the following: "Access to
such material, and exarnination 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 ?
, LaCTIVE. DATE _
SEC. 301. The provisions of this Act (in-
cluding the amendments made by this Act)
shall be effective on April 1, 1985. ?
_
? SFMDING ADTHORITY ?
.
,
SEC. 302. Any new spending authority
(within the meaning of section 401-of the
Congressional Budget Act of 1974).which js
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
4-
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.Subiect 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, 1985, and to specify that
any new spending authority within
the meaning of section 401 of the Con-
gressional Budget Act of 19'74 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.
MraChairman, again, these are tech-
nical amendments, and I think that
there is no objection to them by the
- minority.
.yield to the gentleman from New
York (Mr. Iloaroad. -
Mr. HORTON. Mr. Chairman, I cer-
tainly agree with committee chairman,
these are technical amendments, and
they should be adopted.. ?
Mr. BROOKS. Mr. Chair-Man; I ask
for adoption of the amendments. ?
The CHAIRMAN. The ouestion is on
the technical amendments offered by
the gentleman from Texas [Mr.
BaooKsl.
. The aTnend_ments 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?
KI.11:511Y.7.-ST OrrrP., MD BY WK. BROOKS
Mr. BROOKS. Mr. Chairman,. I
offer an p*nendment-
. ? The Clerk read as follows:
Ameneirne.nt offered by Mr. BBC>OKS: Page
f.,4 strike out lines 1 through 6.
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.
ISOO is responsible for overseeing the
information security activities of Fed-
er-al agencies. Both ISOO and GSA
contend that, the effectiveness of
ISOO in administering this program is
enhanced by its being housed In an im-
? partial agency such as GSA. Both the
Office and GSA have urged that ISOO
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 ISO?, within the General Services
? Administration.
I800 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 ? 0 1800
housed in an agency which is per- Mr. HORTON. Mr. Chairman, will
ceived by all agencies to be impartial the gentleman yield?
between the competing demands of Mr. BROOKS. I yield to my friend,
protection and disclosure of Govern- - the gentleman from New York. .
ment data. . Mr. HORTON. 'I thank the gentle-
The bill as reported would move man for yielding.
ISOO to the new National Archives Mr. Chairman, I rise in support of
and Records Administration. Because -the amendment.
the Archives is generally a prodisclo- The law governing the Presidential
sure -agency, some concern has been papers of President Nixon requires the
raised that the trp-nsfer would lessen issuance of regulations to provide
ISOO's effectiveness in dealing with public access to the materials. The law
other agencies, permits either House of Congress to
The amendment deletes the trans- veto the regulations.
fer, and is therefore responsive to that Because the Supreme Court, in its
concern. I am pleased to support it. decision' entitled rrnmigraticrn and
The CHAIRMAN. The question -is on .Naturalization Service v. Chadka [103
the aMendment offered by the gentle- S.Ct. 2764 (1983)3, has declared the
man from Texas IMr.Baoorns). legislative veto to be unconstitutional,
The amendment -was agreed to. , the veto provision in this statute is
ANEENDIV=Z OTTER= 13Y MR. 'BROOKS -now invalid.
The amendment preserves the -right
Mr. BROOKS. Mr.: Chairman, I T
of -Congress to review the -regulations,
offer an amendment.. . even in the absence of a veto, by stipu-
The Clerk read as follows: aating that the regulations-could not
take effect for 60 legislative days -after'
they are submitted to the Congres. -
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 IMr. Baooasl.
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 rniunder-
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
Amendment offered by Mr. EROOKS: 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 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?'.-
Mr.
BROOKS