FEDERAL RECORDS MANAGEMENT AMENDMENTS OF 1976

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100060001-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 44
• Document Creation Date: December 12, 2016
• Document Release Date: January 28, 2002
• Sequence Number: 1
• Publication Date: September 28, 1976
• Content Type: OPEN

Anoffivgsk,E25Relpase 2002/RAIRTS1A-RDP86(-00895ROOM00001:7
2d Session f No. 94-1326
FEDERAL RECORDS MANAGEMENT AMENDMENTS OF
1976
SEPTEMBIqi 2S k legislative day. SEPTEMBER 24), 1976.?Ordered to be printed
Mr. RiexcoFF, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany MR. 13828]
The Committee on Government Operations, to which was referred
the bill (H.R.. 13828) to amend title 44, United States Code, to
strengthen the authority of the Administrator of General Services
with respect to records management by Federal agencies, and for other
purposes, having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
The amendments are as follows:
Beginning on page 8, line 19, strike all through "agencies" on line
22. On page S, line 19, insert:
The Administrator of General Services or his designee
may inspect or use the, records of any Federal agency for the
sole. purpose of determining the records management prac-
tices and programs in such agencies, and upon completion of
such purpose, any information obtained from such inspection
shall, where practicable, be destroyed or returned to such
agency or to the person from whom such records were
obtained. .
On page 9, between lines 3 and 4, insert the following new subsec-
tion :
(b) If the Administrator of General Services or his desig-
nee knowingly and willfully publishes, communicates or uses
any information coming into the possession of such Admin-
istrator or designee by reason of any inspection or use con-
ducted as provided in subsection ( a )?
(1) in such a manner as to disclose information of a
personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy; or
89-010
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(2) ?for any purpose other than for the inspection of
records management practices or programs,
he shall be guilty of a misdemeanor and fined not more than
$5,000.
I. 'STATEMENT OF PURPOSE
H.R. 13828, the Federal Records Management Amendments of 1076,
is designed to strengthen the ability of the General Services Admin-
istration to make records management in the Federal Government more
efficient. Its purpose is to clarify, update, consolidate, and supplement
the authority and responsibility for records management delegated to
' the Administrator of General Services and to Federal agency heads
under the Federal Records Act of 1950 (title V of the Federal Property
and Administrative Services Act of 1949, as amended). Those provi-
sions appear as part of title 44 of the United States Code.
Major Provision8
1. To insure a common understanding among agencies, the bill pro-
vides for a clear definition of all concepts involved in records manage-
ment from the initial creation of the records through final disposition.
2. The bill establishes a clear set of objectives for the Records Man-
agement Program to ensure that a balance is struck between develop-
ing efficient and effective records management, and the substantive
need for Federal records.
3. The legislation specifies the responsibilities of the Administrator
in records management in a manner which will eliminate misunder-
standing. Of particular significance are responsibilities to:
a. direct the continuing attention of Federal agencies and Con-
gress to the burden placed on the Federal government by unneces-
sary paperwork and the need for Adequate policies.
b. designate heads of agencies to conduct records manao.ement
studies, rather than GSA independently conducting all studies.
c. conduct inspections involving programs and practices of more
than one agency, and the interaction among and relationships be-
tween Federal agencies.
d. keep Congress and OMB informed as to progress being made
in records management.
II BACKGROUND
H.R. 13828 amends the Federal Records Act of 1950. Under this
law, the Administrator of General Services has central staff responsi-
bilities for the records management program. The Administrator, un-
der Chapter 29, Title 44, may make surveys of government records and
records management and disposal practices and obtain reports on them
from Federal agencies. The Administrator may also promote, in co-
operation with the executive agencies, improved records management
practices and controls in agencies including the central storage or
disposition of records not needed by agencies for their current use.
Because of the new utilization by government since 1950 of' advanced
technologies, including the vast use of computers,, the records' produc-
tion process has been speeded up and the emphasis and approach used
in records management policies has vastly changed.
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During hearings held in October 1975, by, the Subcommittees on
'Reports, Accounting and Management and Oversight Procedures of
?the Senate Committee on Government Operations, Senator Nunn testi-
fied that the .amount of paper flowing into the government each year
fills four and a half million cubic -feet of space and that the costs to
?the taxpayer of handling and managing such a mountain of paper
.exceed $8 billion a year.
On July 11, 1975, the House Government Operations Subcommittee
on Government. Activities and, Transportation held hearings on the
Federal Records Management Program. Testimony was received from
the General Accounting Office.
Major witnesses from the General Services Administration included
Dr. James B. Rhoads, Archivist of the -United States and Nortnan S.
Peterson, Director Program Implementation Division, Me of Rec-
ords Management. Dr. Rhoads stated that:
A new Records Management Act is needed so that internal
? paperwork processing within Federal departments and agen-
cies will be carried out more effectively and more efficiently.
The Congress, in reporting on the government's paperwork
burden. in connection with the bill establishing the Federal
Paperwork Commission (93rd Cong., 2d session, S. Rept.
93-1.323,-Dec. 11, 1974) estimates internal government paper-
work proce.ssing costs at $18 billion a year.
Also that the legislation Would provide a clear expresSion
of Congressional intent to the heads of Federal departments.
and acrenCies on the necessity to place more emphasis on
record; management programs aimed at 'providing essential, ?
accurate recorded information in the needed format and time
frame to enable agencies to perform their functions effectively
and efficiently. Also, he stated, "it would strengthen the Na-
tional Archives and Records Service (NARS) in furnishing
records management leadership and guidance to Federal agen-
cies in obtaining greater agency compliance with its regula-
tions, standards, and guidelines directed at improving internal
government paperwork.
The GAO, in its testimony before the House Subcommittee recalled
before the Stbcommittee, its August 1973 report in which it concluded
that NARS must assume a stronger role in bringing out satisfactory
records management in the Federal government..
On September 13, 1976, Mr. jack Eckerd, Administrator of the Gen-
eral Services Administration, testified before the Senate Government
Operations Committee on H.R. 13828. During his testimony, strong
support by GSA was given for the legislation. Mr. Eckerd cited:
"Just the 1-percent increase in? the efficiency in the Federal records
management could result in a yearly savings of $150 million in the
handling of Federal paperwork." GAO has estimated that there is
$15 billion a year spent by the Federal government in the management
of records: .
On June 4, 1976, the Government Operations Subcommittee on
Government Activities and Transpbrtation of the House Unanimously
approved H.R. 13828 for full Committee action. On August 3, 1976,
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the :frill House Government Operations Committee reported the bill
favorably by vdice Vote. On August 2+, 1976, the legislation passed the
House by a vote of .394-0: On, September 22, 1976; the Senate Com-
mittee' on Government Operations by a voice vote ordered the legisla-
tion reported.?
III. DISCUSSION
Since 'nowhere in the present law is the coverage or Scope of the
Federal Records Managetrient program fully delineated, four basic
areas were studied to achieVe the needed consolidation and moderniza-
tion. They are definitions, records management objectives, general re-
sponsibilities of the Administrator of General Services (Administra-
tor), and amendments. Each is discussed below.
A. DEFINITIONS ?
In the, present, 1950 Act only the definitions of "records", "records
center" ,and "servicing" were established. Nowhere in the present law
is the coverage. or scope of a records Management program defined.
H.R. 13828 provides for a series of definitions which pinpoint the
scope of a records management program and focuses on the complete
life cycle of records from records creation, to records maintenance and
use? to records disposition.. ..
"Records creation" means the .production or reproduction of any
record. "Records management" is defined to mean the planning, con-
trolling, directing, organizing, training, promoting and other man-
agerial activities. involved with respect to records creation, records
maintenance and use, and records disposition. It include.s the storage,
retrieval and handling of records by or for a Federal agency. "Records
disposition" includes the .disposal by destruction Or donation of tem-
porary records no longer necessary for the conduct of business and
the transfer of records to Federal storage facilities, to the National
Archives or from one Federal agency to another.
B. OBJECTIVES OF RECORDS MANAGEMENT
The need to set forth the objectives of the. Federal Records Man-
agement program has resulted from the accelerated growth of the
records cycle in the Federal government. One purpose of R . 13828
is to require the establishment of standards and procedures to assure
efficient and effective record.s management. The following goals should
be implemented accordingly:
(1) Accurate and complete documentation of the policies and trans-
actions of the Federal Government.
(2) Control of the quantity and quality of records produced by the
Federal Government.
(3) Establishment and maintenance of mechanisms of control with
respect to records creation in order to prevent the .creation of un-
necessary records and with respect to the effective and economical
operations of the agency.
(4) Simplification of the activities, systems, and' processes of rec-
ords creation. and of records maintenance and use.
(5) Judicious preservation and disposal of records.
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(6) Direction of continuing attention on records from their initial
creation to their final disposition, with particular emphasis on the
prevention of unnecessary Federal paperwork.
(7) Establishment and maintenance of such other systems or tech-
niques as the Administrator considers necessary to carry out the pur-
pose of (the program). ?
C. GENERAL RESPONSIBILITIES OF THE ADMINISTRATOR
Mr. Rhoads' testimony stated that as a result of the present law not
clearly stating agency responsibilities, some agency programs are
limited to only certain areas, such as records maintenance and dispo- ?
sition. They do not cover the management of the full life cycle of
recorded information from its creation to its ultimate disposition, nor
reflect adequately the new records production techniques. H.R. 13828
more aptly expands and further clarifies the role of the Administrator
with respect to records creation, maintenance and use., and. records
disposition. The Administrator has the responsibility to: . ?
(1) promote economy and efficiency in the selection and utiliza-
tion of space, staff, equipment, and supplies for records manage-
ment;
(2) promulgate standards, procedures, and guidelines With re-
spect to records management and .records management. studies;
(3) conduct research with respect to the improvement ? of rec-
ords management practices and programs; ?
(4) serve as .a clearinghouse for information with respect to
records management and as a central source. for reference and
training materials with respect to records management;
(5) establish such interagency committees .and boards as may
be necessary to provide an exchange of information among Fed-
eral agencies with respect to records management;
(6) disseminate information with respect to technological de-
velopment in records management; .
? (7) direct the continuing attention of Federal agencies and the
? Congress on the burden placed on the Federal Government by
unnecessary paperwork; and on the need for adequate policies
governing records creation, maintenance and use, and disposition;
(8) conduct records management ?studies and, in his discretion,
? designate the heads of executive agencies to conduct records man-
agement studies with respect to establishing systems and tech-
niques designed to save time and effort in records management,
with particular .attention.
(9) conduct -inspections of records management- and studies
which involve a review of the programs and practices of more
than one. Federal: agency and which examine interaction among
and relationships between Federal agencies with respect to rec-
ords and records?management ; and. ? . ? .
.(10) report to th.e Congress and to the Director .of the Office
of Management and Budget each year and at other ? appropriate
times-, on the results of the? foregoing activities, including evalu-
ations of. responses: by Federal acrencies, to any recommendations
resulting from" studiesor inspections conducted by him.. ?
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? D. AMENDMENTS
Section 2906 of H.R. 13828, -as passed by the House, would permit
the Administrator of General Services or his designee to inspect the
records of any Federal agency and make inspections of the records man-
agement practices and programs in such agencies. Agency officials and
employees of such agencies are required to give the GSA Administra-
tor or designee full cooperation. Records which are restricted by law
or for reasons of national security or the public interest would be in-
spected in accordance with 'GSA regulations subject to the particular
agency head's approval or of the President. Section 2.906 of H.R. 13828
amended Section 2906 of Title 44 in a slight manner. Aside from some
technical changes, the only stibstantive change in the House-passed
bill, was to permit the President, as well as the agency head,.to allow
for the inspection of an agency's .records when the use of such record is
restricted by la W or for reasons of national security or the public in-
terest. Neither the 1950 Act nor section 2906 as amended, contained
provisions for the prevention of misuse of information maintained in
a, record by an agency and subject to inspection by GSA or for the pre-
vention of misuse of personal information which would be an invasion
of an individual's privacy.
. Although the new Section 2906 was not changed in sUbstance from
the earlier 1950 Act, the Senate Committee felt it 'important to look
at such a provision in light of changing views regarding the protection
of personal information maintained ? by government agencies. The
amendment, approved by the Committee by voice vote, would clarify
that the GSA's purpose in inspecting agencies' records is for -the sole
determination of records maangeMent practices and programs. Infor-
mation obtained from' any such inspection shall, where practicable, be
destroyed or returned to such agency or to the person from whom such
records were obtained. Any knowing and willful disclosure of personal
information which would constitute a clearly unwarranted invasion of
personal privacy or the use of any. information obtained pursuant to
Section 2906 by a -GSA official for any purpose other than for the in-
spectiOn of records management practices or programs would consti-
tute a misdemeanor or a 'fine of not more. than $5,000. .
The committee desired to reiterate its position that the GSA Admin-
istrator or his designee would have the authority-to- inspect records in
order to make recommendations for improving records .management
practices and programs. At the same time, the Committee intended to
make it clear that .protections contained in the Privacy Act of 1974 re-
garding the disclosure of personal informationapply to Such activities
of GSA.. . ? ?
Due to the large .and broad mandate given to the GSA to inspect the
records of other .Federal agencies and the requirement that such agen-
cies give the: GSA full cooperation' in such inspections, it was felt that
strong protection be provided for the protection' of the personal infor-
mation maintained about ,citizens which 'might be kept in certain gov-
ernment files. ? .
? ? Usually, GSANARS inspections are directed? to the "program-
ming."' efficiencies (or lack, Of it) in Managing records. Thus, their
scanning of files as'Stich, is confined to arrangement, 'response efficiency
and disposition when the active life of a record is complete. The Com-
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,mittee, however, felt that in those few. instances, when records might
be more thoroughly inspected,.the protection of confidentiality of per-
sonal information should be especially safeguarded.
Although it was not considered necessary to rewrite the records
management law completely, there was need for a variety of technical
and conforming amendments in order to assure the legislation would
represent a fully accurate and integral whole. These minor changes
are covered in the section-by-section analysis..
COST ESTIMAT:E
There is no anticipated cost for this legislation. In fact, the bill is
intended to. result in significant savings. If the total annual cost of
Federal paperwork were reduced by only 1 percent, as the legislation
projects, savings of $150 million could be achieved, based on GAO's
estimate of costs of $15 billion a year.
IV. SECTION-Br-SECTION ANALYSTS
Section 1?Short title
This act is cited as the "Federal Records Management Amendments
of 1976."
Section 0?Amendment of chapter 29, title 44, United States Code
(a) This subsection amends chapter 29 of title 44 of the 'United .
States Code to .clarify, update, and supplement present law with re-
gard to program coverage, scope, and responsibilities, and to provide
necessary statutory authority for administrative changes in the opera-
tion of the Federal records management program.
(1) Definitions and objectives of records management
This paragraph strike's section 2901, "Definitions;" and 2902, "Rec-
ords management, surveys, and reports," and inserts new sections 2901,
"Definitions," and 2902, "Objectives of records management." The
new definitions ? section amends existing definitions and adds new defi-
nitions as detailed to provide a clear statement of the scope of the
records management program and provide the necessary flexibility to
accommodate rapid advances in records management .technology and
administration..
, (a) "Records management" means the activities necessary to create,
maintain and use, and dispose of Federal records.. This. new definition
is structured to encompass new records. managementtechnologies that
may develop. Currently, it includes manao-ement of correspondence,
forms, directives, reports, machine-readable records, microforms, in-
formation retrieval, files, mail, vital records, records equipment and
supplies office copiers, word 'processing and other source data automa-
tion techniques, 'records preservation, records disposal, and records
centers or other storage facilities.
(b) "Records creation" is the production or reproduction of any
record which is defined in section 3301 of Title 44.
(c) "Records maintenance and use" means any activity involving
the location of records; the storage, retrieval, and handling of records
filed in offices; the processing of mail; and the selection and utilize-
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tion of equipment and supplies associated with records and copying.
Emphasis is placed on records and Copies because copy management
has become increasingly important, mainly because of the prolifera-
tion of equipment, and must be carefully addressed in a successful
records management program.
(d) "Records disposition" is defined to include any activity with
respect to disposal of temporary records by dstruction or donation;
transfer of records to records centers; transfer to the National Ar-
chives of the United States of records determined to have sufficient
historical or other value to warrant continued preservation; or trans-
fer of records between Federalagencies.
(e) "Records management study" is an investigation and analysis
of any Federal agency's records, or records management practices,
usually at their request, for the purpose of developing findings and
recommendations for improved agency records management programs.
(f) "Inspection" is the review by the Administrator or his designee
of any Federal agency's records or records management practices or
programs for effectiveness and compliance with records management
laws and includes the necessary recommendations for correcting and
improving their records management .practices.
(0.) The definitions of "records", "records center". "servicing", "un-
authenticated copies", "National Archives of the United States", "Ad-
ministrator", "executive agency", and "Federal agency" are either the
same or virtually the same as existing law.
The new section 2902, "Objectives of Records Managethent", is a
concise statement of the goals of the Federal records management pro-
gram, and declares as its purpose the requirement to establish stand-
ards and procedures to assure efficient and effective records manage-
ment. These seven specific goals include accurate and complete docu-
mentation of the policies and transactions of the Federal Government;
control of quanity and quality of records; control with respect to rec-
.ords creation; simplification of records creation, maintenance and use
activities, systems, and processes; judicious preservation and disposal
of records; direction of attention to records from initial creation to
final disposition; and establishment of other systems as required.
The present law does not clearly state the results expected from the
records management program. Consequently, some agency programs
are limited to records maintenance and disposition and do not cover
the full life cycle of recorded information from its creation to ultimate
disposition. The records creation area, where 80. percent of total costs
are incurred, often receives little attention, and the benefits of new
record-producing. techniques are not achieved. The emphasis on spe-
cific, objectives in the new section 2902 is designed to correct this de-
ficiency. The former section 2902 (dealing with records management,
surveys,, and reports) has been -revised, clarified, and included as part
of the responsibilities of the Administrator in the new section 290),
(2) General Responsibilities of the AdminiStrator
This paragraph strikes out sectioh 2904, "Records management by
'Administrator ; duties general," and inserts in lieu thereof a new sec-
tion 2904, "General Responsibilities of the Administrator"; Which
provides a dearer statement of the Administrator's responsibilities
and, when combined with the new definitions in section 2901 and new
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objectives in section 2902, helps clarify program coverage, scope, and
responsibilities. It directs the Administrator to provide guidance and
assistance to Federal agencies with respect to records creation, records
maintenance and use, and records disposition. Specific responsibilities
include promoting economy and efficiency in the selection and utiliza-
tion of space, staff, equipment, and supplies for records management;
promulgating standards, procedures, and guidelines; Conducting re-
search to improve records management practices and programs; serv-
ing as a clearinghouse for records management information; establish-
ing interagency committees as may be necessary; and disseminating
information with respect to technological developments.
Of particular significance are the new responsibilities. The Admin-
istrator is to direct the continuing attention of Federal agencies and
the Congress to the burden placed on the Federal Government by un-
necessary paperwork, and to the need for adequate policies governing
records creation, maintenance and use, and disposition. The emphasis
is on continuing attention. While one-time or special paperwork reduc-
tion campaigns are effective, there is a definite need for a systematic
approach. The Administrator is also responsible for conducting records
management studies in agencies, and may at his discretion designate
the heads of executive agencies to conduct records management studies
with respect to establishing systems and techniques designed to save
time and effort in records management. This ability to involve other
agencies rather than independently conducting all studies will be, of
great benefit because some records manacr '''ement problems are better
addressed by the specific agency concerned. Another new responsibility
involves the conduct of inspections or records management studies
which concern the review of the programs and praotices of more than
one Federal agency. Such inspections are of increasing importance
because of the proliferation of Government-wide programs and pro-
vide the only means to examine the interactions and relationships
among Federal agencies with respect to records and records manage--
ment. Finally, the Administrator's responsibility to report to Con-
gress and the Director of the Office of Management and Budget is
more clearly defined. His reports each year on records management
activities are to include evaluations of responses by Federal agencies
to any .recommendations resulting from inspections or studies con-
ducted. This will permit the Congress and OMB to check on the status
of records management activities on a continuing basis as well as evalu-
ate the effectiveness of the total program.
(3) Inspection of Agency Records and Records Centers and Central-
ized Microfilming Services.
This paragraph strikes out sections 2906, "Personal inspeetion and
survey of records", and 2907, "Records centers for storage, process, and
servicing of records", and inserts new sections 2906, "Inspection of
agency records", and 2907, "Records centers and centralized micro-
filming services."
The new section 2906 "Inspection of Agency Records", as amended
by the Committee, provides that the Administrator of General Serv-
ices or his designee may inspect or use the records of any Federal
agency for the sole purpose of determining the records management
practices and programs in such agencies, and upon completion of
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such purpose, any information obtained from such inspection shall,
where practicable, be destroyed or returned to such agency or to the
person from whom such records were obtained. In cases where the use
of records is restricted by law, or for reasons of national security or
the public interest, records are to be inspected in accordance with
regulations promulgated by the Administrator, subject to the approval
of the head of the agency concerned or the President. By adding the
phrase "or by the President", the statute provides for a clearly defined
_process in those instances where the Administrator and the agency
head cannot agree on inspection procedures.
The section, as amended by the Committee, would provide for a
civil penalty of a misdemeanor and a fine of not more than $5,000 if
the Administrator or his ,design.ee knowingly and willfully publishes,
communicates or uses any information coming into the possession of
the Administrator or designee because of an inspection in such a
manner which would disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal
privacy; or if any information is used for a purpose other than for
the inspection of records management practices or programs.
The new section 2907, "Records centers and centralized microfilm-
ing services", provides the authority to establish, maintain, and
operate records centers and centralized microfilming services for
Federal agencies.
(4) Deletion of 44 ,U.S.C. 2910
This paragraph strikes out sections 2910, "Final Authority of Ad-
ministrator in records practices", which provided specific authority
for the Administrator in matters involving the conduct of surveys of
Government records, and records creation, maintenance, management
and disposal practices in Federal agencies, and the implementation of
recommendations resulting from the surveys. This section can now be
deleted because the authority of the Administrator is stated clearly in
the new section 2904, "General responsibilities of the Administrator."
Section 2(b)
This subsection amends the table of sections in Chapter 29, title 44,
United States Code, to provide for the new section titles.
Section 3?Amendment of Chapter 31, Ttitle 44, United States Code
Section 3(a)
This subsection, in addition to providing for several technical and
conforming amendments in Chapter 31 regarding references to other
sections and 1 the proper use of terms as defined in the new section 2910,
strikes out section 3103, "Storage, processing and servicing of records",
and inserts a new section 3103, "Transfer of records to records centers."
The new section simply states that when the head of a Federal agency
determines that such action may effect substantial economies or in-
creased operating efficiency, he shall provide for the transfer of rec-
ords to a records center.
Section 3 (b)
This subsection amends the table of sections in Chapter 31 of Tit] e
11, United States Code, to provide for a new section title for section
3103.
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Section 4?Technical and Conforming Amendments
This section corrects references in section 2103(4), 2108(b) and (c),
2111(b), and 2112; amends the item in the table of sections which re-
lates to section 3302 and reads "Regulations covering list of records
for disposal, procedure for disposal, and standards for reproduction;
approval by President" by striking "approval by President", since
the Administrator now fins full authority in this respect; and amends
section 3301, "Definition of records", by inserting the phrase "ma-
chine-readable materials" in the definition.
Section 5?Effect on Other Laws
Section 5 makes it clear that the provisions of the Act do not limit
or repeal additional authorities provided by statute or otherwise recog-
riied by law; nor do they limit or repeal the authority or responsi-
bilities of the Joint Committee on Printing or the Government Print-
ing Office under Chapters 1 through 19 of title 44, United States Code.
This was included to insure that records management responsibilities
pertaining to reproduction and? copying of records shall pertain only
to improving records management practices and not to the reproduc-
tion, copying, and related responsibilities of the Joint Committee on
Printing or ihe Government Printing Office.
V. STATEMENT PURSUANT TO CLAUSE 3 OF R17LE XIII
Changes in existing law made by the bill, as reported, are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in which no
change is proposed is shown in roman) :
TITLE 44, UNITED STATES CODE
Chapter 21.?ARCHIVAL ADMINISTRATION
?2103. Acceptance of records for historical preservation.
When it appears to the Administrator of General Services to be in
the public interest,. he may?
(1) accept for deposit with the National Archives of the United
States the records of a Federal agency or of the Congress deter-
mined by the Archivist of the United States to have sufficient his-
torical or other value to warrant their continued preservation by
the United States Government;
(2) direct and effect the transfer to the National Archives of
the United States of records of a Federal agency that have been
in existence for more than fifty years and determined by the
Archivist of the United States to have sufficient historical or other
value to warrant their continued preservation by the United
States Government, unless the head of the agency which has cus-
tody of them certifies in writing to the Administrator that they
must be retained in his custody for use in the conduct of the regu-
lar current business of the agency;
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(3) direct and effect, with the approval of the head of the origi-
nating agency, or if the existence of the agency has been termi-
nated, then with the approval of his successor in function, if any,
the transfer, of records deposited or approved for deposit with the
National Archives of the United States to public or educational
institutions or associations; title to the records to remain vested
in the United States unless otherwise authorized by Congress; and
(4) transfer materials from private sources authorized to be
received by the Administrator by section [3106] 2107 of this title.
? 2108. Presidential archival depository.
(a) * * *
(b) When the Administrator considers it to be in the public interest,
he may deposit in a Presidential archival depository papers, docu-
ments, or other historical materials accepted under section [31063 2107
of this title, or Federal records appropiate for preservation.
'(c) When the Administrator considers it to be in the public interest;
he may exercise, with respect to papers, documents, or other historical
materials deposited under this section, or otherwise, in a Presidential
archival depository, all the functions and responsibilities otherwise
vested in him pertaining to Federal records or other documentary ma-
terials in his custody or under his control. The Administrator, in ne-
gotiating for the deposit of Presidential historical materials, shall take
4eps to secure to the Government, as far as possible, the right to have
continuous and permanent possession of the materials. Papers, docu-
ments, or other historical materials accepted and deposited' under
section (3106] 2107 of this title and this section are subject to restric-
tions as to their availability and use stated in writing by the donors or
depositors, including the restriction that they shall be kept in Presi-
dential archival depository. The restrictions shall be respected for the
period stated, or until revoked or terminated by the donors or de-
positors or by persons legally qualified to act on their behalf. Subject
to the restrictions, the Ammistrator may dispose by sale, exchange,
or otherwise, of papers' documents, or other materials which the Is
vist determines to haveave no permanent value or historical interest
or to be surplus to the needs of a Presidential archival depository.
* * * * *.
? 2111. Reports; correction of violations.
(a) When the Administrator of General Services considers it nec-
essary, he may obtain reports from Federal agencies on their activities
under chapters 21,25, 27,29, 31, and 33 of this title.
(b) When the Administrator finds that a provision of chapter 21,
25, 27, 29, [or] 31, or 33 of this title has been or is being violated, he
shall inform in writing the head of the agency concerned of the viola-
tion and make recommendations for its correction. Unless corrective
measures satisfactory to the Administrator are inaugurated within
a reasonable time, the Administrator shall submit a written report
of the matter to the President and the Congress.
? 2112. Legal status of reproductions; 'official seal; ,fees for
copies and reproductions. . .
(a) When records that are required by statute to be retained indefi-
nitely have been reproduced by photographic, inicrophotographic, or
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other processes, in accordance with standards established: by the Ad-
ministrator of General Services the indefinite retention by the photo-
graphic, microphotographic, or other reproductions constitutes com-
pliance with the statutory requirement for the indefinite retention of
the original records. The reproductions, as well as reproductions made
under regulations to carry out chapters21,29, (and] 31, and $3 of this
title, shall have the same legal status as the originals.
(b) There shall be an official seal for the National Archives of the
United States which shall be judicially noticed. When a copy or repro-
duction, furnished under this section, is authenticated by the official
seal and certified by the Administrator, the copy or reproduction shall
be admitted in evidence equally with the original from which it was
made.
(c) The Administrator may charge a fee not in excess of 10 percent
above the costs or expenses for making or authenticating copies or re
productions of materials, transferred to his custody. Fees shall be paid
into, administered, and expended as a part of the National Archives
Trust Fund. He may not charge for making or authenticating copies
or reproductions of materials., for official use by the United States
Government. Reimbursement may be accepted to cover the- cost
of furnishing copies or reproductions that could not otherwise be
furnished.
Chapter 29.?RECORDS MANAGEMENT BY ADMINIS-
TRATOR OF GENERAL SERVICES
Sec.
2901. Definitions.
[2902. Records management, surveys, and reports.]
2902. Objectives of records management.
2903. Custody and control of property.
[2904. Records management by Administrator; duties generally.]
2904. General respon,sibilities of Administrator.
2905. Establishment of standards for selective retention of records; security
measures.
[2900. Personal inspection and survey of records.]
2906. Inspection of agency records.
2907. Records centers [for storage, process, and servicing of records] and
centralized microfilming services.
2908. Regulations.
2909. [Retentions] Retention ,cf records.
[2910. Final authority of Administrator in records practices.]
[? 2901. Definitions.
[As used in chapters 25 and 27, sections 2901,2903-2910, chapter 31,
and sections 2101-2115 of this title?
['records" has the meaning given, by section 3301 of this title;
["records center". mean's an establishment maintained by the
Administrator of General Services- or by a Federal agency pri-
marily for the storage, servicing, security, and processsing of
records that .must be preServed for varying periods of time and
need not be retained in Office equipment and space;
["servicing" meanS making available for use information in
records-and other materialsin the custody of the Administrator?.
[ (1) by furnishing the reCords or other materials, or in-
formation from them, or copies or reproductions thereof, to
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'agencies:Of stlie.-sGovernment for official use, and to the public;
and . . .
. . .
[ (2) by making and furnishing, authenticated or tinautben-
ticated copies or reproductions of the records and other
materials;
. ("National Archives of the United States" means those official
records that have been determined by the Archivist to have 'suffi-
cient historical or other value to warrant their continued presei-
vation by the United States Government, and have been accepted
? by the Administrator for deposit in his custody;
runautlenticated copies" means exact copies or reproductions
of. recOrds or other materials that are not certified as such under
seal and that need not be legally accepted as evidence.]
[2902. Records management, surveys, and reports.
The Administrator of General. Services may?
( (1) make surveys of .Government records-and records manage-
ment and disposal practices and obtain reports on them from Fed-
eral 'agencies; .
[ (2) promote, in cooperation -with the executive agencies, im-
proved records management practices. and controls in agencies,
including the central storage or disposition of records not needed
by agencies for their current use; and
(3) report to the Congress and the Director of the Bureau of
the Budget from time to time the results of these activities.]
?2901. Definitions.
As used in this, chapter, and chapters 21, 25, 27, 31, and 33 of this
title?
(1) the term "records" has the meaning given, it by section
3301 of this title;
(2) the term "records management" means the planning, con-
trolling, directing, organizing, training, promoting, and other
managerial activities involved with respect to records creation,
records maintenance and use, and records disposition;
(3) the term "records creation".means the production or repro-
duction of any record;
(4) the term "records maintenance and use" means any activity
involving?
(A) location of records of a Federal agency;
(B) storage, retrieval, and handling, of records kept at
office file locations by or for a Federal agency;.
(0) processing of mail by a Federal agency; or
(D) selection and utilization of equipment and supplies
associated with, records and copying;
(5) the, term "records disposition" means any, activity with
respect to?
(A) disposal of temporary records no longer necessary for
the conduct of business by destruction or donation;
(B) transfer of records to Federal agency storage facilities
or records centers;
? (C) transfer to the National Archives of the United States'
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of records determined to have '8U cient historical or other
value to warrant continued preservation; or
(D) transfer of records from one Federal agency. to any
other Federal agency;
(6) the term "records center" means an establishment main-
tained and operated by the Administrator or by another Federal
agency primarily for the storage, servicing, security, and process-
ing of ? records which need to be preserved for Varying periods of
time and need not be retained in office equipment or space;
(7) the term "records management study" means an znvestiga-
.tion and analysis of any Federal agency records, or records Man-
agement practices or programs (whether manual or automated),
with a view toward rendering findings and recommendations with
respect thereto;
(8) the term "inspection" means reviewing any Federal agency's
records or records management practices or programs (whether
manual or automated) with respect to effectiveness and compli-
ance with records management laws and making necessary recom-
? mendations for correction or improvement of records manage-
ment; ?
. (9) the term "servicing" means making available for use in-
formation in records and other materials in the custody of the
? Administrator, or in a- records center?
(A) by furnishing _the' records or other 'materials, or in-
formation from them, or copies or reproductions thereof, to
any Federal agency for official use, or to the public; or
(B) by making and furnishing authenticated or unauthen-
ticated copies or reproductions of the records or other
materials;?
(10) the term "unauthenticated copies" means exact copies or
reproductions of records or .other materials that are not certified
evidence; . . ?
(11) the term "National Archives of the United States" means
those official records which have been determined by the Archivist
? o/ the United. States to have sufficient historical or other value to
warrant their continued preservation by the Federal Government,
and 'which have been accepted by the Administrator for deposit in
his custody; .
(12) the term."Administrator" ?neaps ,. the Administrator of
? General Services ; .
(13) the terms "executive agency and 'Federal agency" shall
? have the meanings given Such. terms by, subsection's (a) and (b),
respectively, of section. 3 of the Federal Property. .and Adminis-
trative Services Act of 1949 (40 U.S.C. 472(a) .and .(b))..
2902. Objectives of records management.
It is the purpose of this chapter, and..chapters.21; _31, and 33 of this
title, to require the establishment of standards and procedures to as-
-SW( effeient and effective records management. Such records manage-
ment standards and procedures shall seek to implement the following
goals.;
? (1) Accurate and ? complete docUmentation of the policies and
transactions of the Federal Government.
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(2) Control of the quantity and quality of records produced
by the Federal Government.
(3) Establishment and maintenance of mechanisms of control
with respect to records creation in order to prevent the creation
of unnecessary records and with respect to the effective and eco-
nomical operations of an agency.
(4) Simplification of the activities, systems, and processes of
records creation and of records maintenance and use.
(5) Judicious preservation and disposal of records.
(6) Direction of continuing attention on records from their ini-
tial creation to their final disposition, with particular emphasis
on the: prevention of unnecessary Federal paperwork.
(7) Establishment and maintenance of such other systems or
techniques as the Administrator considers necessary to carry out
the purposes of this chapter, and the chapters 21, 31; and 33 of this
title. ? ?
[? 2904. Records management by Administrator; duties generally.
[The Administrator of General Services .shall provide for the
economical and efficient management of records of Federal. agencies
by?
? L(1) analyzing, developing, promoting, and Coordinating
standards, procedures, ..and techniques designed to improve the
. management of records, to insure the mainteriairce, and security
of records deemed appropriate for preservation, and to facilitate
the segregation and dispoSal of records of .temporary value, and
[(2) promoting the efficient and economical utilization of
? space, equipment, arid supplies needed to create, maintain, store,
and service records.]
? 2901. General responsibilities of Administrator.
The Administrator shall provide guidance and assistance to Fed-
eral agencies with respect to records creation, records maintenance and
use,, and records disposition. In providing such guidance and assist-
ance, ,the Administrator shall have responsibility to? '
(1) promote economy and ? efficiency in the selection and utiliza-
tion of .space, staff, equipment, and supplies for records manage-
ment,
(2) promulgate standards, procedures, and guidelines with re-
spect to records management and records Management studies;
? (3) conduct research with respect to the inzproveMent of rec-
ords management practices and pro gram.;
?(4) .serve ,as a? clearinghouse for information with respeet to
rea ords management and .as a? central source for reference' and
training materials wit/i respect' tO records management,
(5) establish such interagency committees and boards as 'may
,be necessary to provide ,an exchange of .information among ,Fed-
? .,eral agencies with respect to.recordsmanagement; . . . ? ,
(4.. disseminate information wit/i respect to teclinaogical de-,
veiopment in records management ; . ,
(7) direct the continuing attention of Federal agencies and the,
C ongress on the burden placed on.. the Federal Government by un-
necessary paperwork, and on .the need for adequate policies gov-
erning records creation, maintenance acid use, and disposition;
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(8) conduct records management studies and, in his. discretion,
designate the heads of executive agencies to conduct .records man-
agement studies with respect to establishing systems and tech-
niques designed to save time and effort in records management,
with particular attention given to standards and procedures gov-
erning records creation.;
(9) conduct inspections or records management studies which
involve a review of the programs and practices of more than one
Federal agency and which examine interaction among and rela-
tionships between Federal. agencies with respect to records and
records managen2,ent; and
(10) report to the Congress and to the Director of the Office of
Manage-ment and Budget each year, at such time or times as he
may deem desirable, on the results of the foregoing activities, in-
eluding evaluations of responses by Federal agencies to any rec7
ommendations resulting from studies Or inspections conducted by
him.
* .
E?2906. Personal inspection and survey of records.
[The Administrator of General Services may inspect or survey per-
sonally or by deputy the records of any Federal agency, and make sur-
veys of records management and records disposal practices in agen-
cies. Officials and employees of agencies shall give him full cooperation
in inspections and surveys. Records, the use of which is restricted by
law or for reasons of national -security Or the public interest, shall be
inspected or surveyed in accordance with regulation promulgated by
the Administrator, subject to the approval of the head of the custodial
agency.
E? 2907. Records centers for storage, process, and servicing of
records.
[The Administrator. of General Services may establish, maintain,
and operate?
( (1) records centers for the storage, processing, and servicing
of records for Federal agencies pending their deposit with the
National Archives of the 'United States or their disposition in any
other manner authorized by law; and
[ (2) centralized microAlming services for Federal agencies.]
? 2906. Inspection of agency records.
(a) The Administrator of General Services or his designee may
inspect or use the records of any Federal agency for the sole purpose
of determining the records management practices and programs in
such agencies, and Upon completion of such purpose, any information
obtained from such inspection shall, where practicable, be destroyed
or returned to such agency or to the person from whom such records
were' obtained. Officials and employees of such. agencies shall give
him full cooperation in such inspections. Records, the use of which
is restricted by law or for reasons of national secUrity or the public
interest, shall be inspected in accordance ?with regulations promul-
gated by the Administrator, subject to the approval of the head of the
agency concerned or of the President.
S. Rept. 94-1326-7,6 3
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(b) If the Administrator of Genel'al Services or his designee know-
ingly and willfully- publishes, communicates or uses any inforination
coming into, the possession of such Adniinistrator or designee by reason
of any inspection or use conducted as provided in subsection (a),
(1) in ?such a manner as to disclose information of a personal
nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; or
(2) for any purpose otAer than for the iropection of records
management practices or programs, he shall be guilty of a mis-
demeanor and fined not more than $5,000.
? 2907. Records centers and centralized microfilming services.
The. Administrator may establish, maintain, and operate records cen-
ters and centralized microfilming- services for Federal agencies.
E?2910. Final authority of Administrator in records practices.
[The Administrator of General Services shall have final authority
in matters involving the conduct of surveys of Government records,
and records creation, maintenance, Management and disposal practices
in Federal agencies, 'under. sections 2904-2909 and 3101-3107 of this
title, and the implementation of recommendation based on surveys.]
'Chapter 31.RECORDS.'MANAGEMENT ? By FEDERAL
. AGENCIES .
Sec.
3101. Records management by agency heads; general duties.
3102. Establishment of program of management.
[3103. Storage, processing, and servicing of records.]
3103. Transfer of records to records centers.
3104. Certifications and determinations on transferred records.
3105. Safeguards.
3106. Unlawful removal, destruction of records.
3107. Authority of Comptroller General.
? 3102. Establishment of program of management.
The head of each Federal agency shall establish and maintain an
active, continuing program for the economical and efficient manage-
ment of the records of the agency. The program, among other things,
shall provide for
(1) effective controls over the creation [maintenance] and over
the maintenance and use of records in the conduct of current
business;
(2). cooperation with the Administrator of General Services in
applying standards, procedures, and techniques designed to im-
prove the management of records, promote the maintenance, and
security of records deemed appropriate for preservation, and fa-
cilitate the segregation and disposal of records of temporary
value; and
(3) compliance with sections 2101-2113,2501-2507,2701, [2901,
2903-2909] 2901-2909, and 3101-3107, of this title and the regula-
tions issued under them.
? 3103. [Storage, processing, and servicing of records.] Trans-
- fer of records to records centers.
When the head of a Federal agency determines that [it] such action
may effect substantial economies or increased operating efficiency, he
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19
shall provide for [appropriate storage, processing, and servicing of
records in a] the transfer of records to a records center maintained
and operated by the Administrator [or General Services or], or, when
approved by [him, in] the Administrator, to a center maintained and
operated by the head of the Federal agency.
? 3107. Authority of Comptroller General.
[Sections 2101-2113, 2501-2507, 2701, 2901, 2904-2910, and 3101-
3107, of this] Chapters 21,35,27, 29, and 31 of this title do not limit
the authority of the Comptroller General of the United States with
respect to prescribing accounting systems, forms, and procedures, or
lessen the responsibility of collecting and disbursing officers for rendi-
tion of their accounts for settlement by the General Accounting Office.
Chapter 33.?DISPOSAL OF RECORDS
Sec.
3301. Definition of records.
3302. Regulations covering lists of records for disposal, procedure for disposal,
and standards for reproduction ; approval by President].
? 3301. Definition of records.
As used in this chapter, "records" includes all books, paper, maps,
photographs machine readable materials, or other documentary ma-
terials, regardless of physical form or characteristics made or received
by an agency of the United States Government under Federal law or
in connection with the transaction of public business and preserved
or appropriate for preservation by that agency or its legitimate suc-
cessor as evidence of the organization, functions, policies, decisions,
procedures, operations, or other activities of the Government or be-
cause of the informational value of data in them. Library and museum
material made or acquired and preserved solely for reference or exhi-
bition purposes, extra copies of documents preserved only for con-
venience of reference, and stocks of publications and of processed docu-
ments are not included.
? 3302. Regulations covering lists of records for disposal, pro-
cedure for disposal, and standards for reproduction ID
approval by President].
The Administrator of General Services shall promulgate regula-
tions, not inconsistent with this chapter, establishing?
(1) procedures for the compiling and submitting to him of lists
and schedules of records proposed for disposal,
(2) procedures for the disposal of records authorized for dis-
posal, and
(3) standards for the reproduction of records by photographic
or microphotographic processes with a view to the disposal of the
original records.
0
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[PT.TBLIC LAW 754-81ST CONGRESS]
[CHAPTER 849-2D SESSION]
[S. 39591
AN ACT
To amend the Federal Property and Administrative Services Act of 1949, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the paren-
thetical expression appearing in clause (1) of the final sentence of
subsection (a) of section 109 of the Federal Property and Administra-
tive Services Act of 1949 (Public Law 152, Eighty-first Congress) is
amended to read as follows:
"(including the purchase from or through the Public Printer, for
warehouse issue, of standard forms, blankbook work, standard speci-
fications, and other printed material in common use by Federal agen-
cies not available through the Superintendent of Documents)."
SEC. 2. (a) Clause (2) of the final sentence of subsection (a) of
section 109 of the Federal Property and Administrative Services Act
of 1949, as hereinbefore amended, is amended to read as follows: "(2)
for paying the purchase price, transportation to first storage point of
supplies and services, and the cost of personal services employed
directly in the repair, rehabilitation, and conversion of personal
property."
(b) The third sentence of subsection (b) of section 109 of such Act
is amended to read as follows: "On and after such date, such prices
shall be fixed at le-Vas so as to recover so far as practicable the
applicable purchase price, the transportation cost to first storage point,
inventory losses, the cost of personal services employed directly in the
repair, rehabilitation, and conversion of personal property, and the
cost of amortization and repair of equipment utilized for lease- or rent
to executive agencies."
(c) The amendments made by this section shall be effective on the
date, not earlier than July 1, 1950, on which the Administrator of
General Services shall determine that appropriated funds adequate
to effectuate the purposes of such amendments have been made
available.
SEC. 3. (a) The final sentence of subsection (b) of . section 109 of
the Federal Property and Administrative Services Act of 1949 is
amended to read as follows: "Where an advance of funds is not
made, the General Services Administration shall be reimbursed
promptly out of funds of the requisitioning agency in accordance
with accounting .procedures approved by the Comptroller General:
Provided, That in any case where payment shall not have been made
by the requisitioning agency within forty-five days after the date of
billing by the Administrator or the date on which an actual liability
for supplies or services is incurred by the Administrator, whichever
is the later, reimbursement may be obtained by the Administrator by
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IPITB. LAW 7544
the issuance of transfer and counterwarrants, or other lawful transfer
documents, supported by itemized invoices.'7
(b) Section 109 of the Federal Property and Administrative Serv-
ices Act of.1949 is amended by adding at the end thereof the following
new subsection
(g) Whenever any producer or vendor shall tender any article or
commodity for sale to the General Services Administration or to any
procurement authority acting under the direction and control of the
Administrator pursuant to this Act, the Administrator ia authorized
in his discretion, with the consent of such producer or vendor, to
cause to be conducted, in such manner as the Administrator shall
specify, such tests as he shall prescribe to determine whether such
article or commodity conforms to prescribed specifications and stand-
ards. When the Administrator determines that the making of such
tests will serve predominantly the interest of such producer or vendor,
he shall charge such producer or vendor a fee which shall be fixed
by the Administrator in such amount as will recover the cost of con-
ducting such tests, including all components of such cost, determined
in accordance with accepted accounting principles. When the Admin-
istrator determines that the making of such, tests will not serve pre-
dominantly the interest of such producer or vendor, he shall charge
such producer or vendor such fee as he shall determine to be reason-
able for the furnishing of such testing service. All such fees' collected
by the Administrator may be deposited in the General Supply Fund
to be used for any purpose authorized by subsection 109 (a) of this
Act."
SEC. 4. Paragraphs (1) and (2) of section 203 (j) of the Federal
Prc.17!erty and Administrative Services Act of 1949 are 'amended to
read as -'1';'11.ov7s :
"(1) IThdee sic.h' regulations as he may prescribe, the Adminis-
trator is authorized in his discretion to donate for educational pur-
poses or public health purposes, including research, in the States,
Territories, and possessions without cost (except for costs of care and
handling) such equipment, materials, books, or other supplies under
the control of any executive agency as shall have been determined to
be surplus property and which shall have been determined under
paragraph (2 or paragraph (3) of this subsection to be usable and
necessary for educational purposes or public health purposes, includ-
ing research.
"(2) Determination whether such surplus property (except surplus
property donated in conformity with paragraph (3) of this subsec-
tion) is usable and necessary for educational purposes or public health
purposes, inCludinff research, shall be made by the Federal Security
Administrator, who shall allocate such property on the basis of needs
and utilization for transfer by the Administrator of General Services
to tax-supported medical institutions, hospitals, clinics, health centers,
school systems, schools, colleges, and universities, and to other non-
profit medical institutions, hospitals, clinics, health centers, schools,
colleges, and universities .which have been held exempt from taxa-
tion under section 101 (6) of the Internal Revenue Code, or to State
departments of education or health for distribution to such tax-
supported and nonprofit medical institutions, hospitals, clinics, health
centers, school systems, schools, colleges, and universities; except that
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in any State where another agency is designated by State law for
such purpose such transfer shall be made to said agency for such
distribution within the State."
SEC. 5. The Federal Property and Administrative Services Act of
1949 is amended by?
(a) redesignating section 210 thereof as section 212, and wher-
ever such section number appears in such Act as originally
enacted, it is amended to conform to the redesignation prescribed
by this subsection;
(b) inserting in the table of contents appearing in the first
section of such Act, immediately after the line in which "Sec. 209."
appears, the following
"Sec. 210. Operation of buildings and related activities.
"Sec. 211. Motor vehicle identification."
(c) inserting, immediately after section 209 thereof, the follow-
ing new sections:
"OPERATION OF BUILDINGS AND RELATED ACTIVILLLS
"SEc. 210. (a) Whenever and to the extent that the Administrator
has been or hereafter may be authorized by any provision of law other
than this subsection to maintain, operate, and protect any building,
property, or grounds situated in or outside the District of Columbia,
including the construction, repair, preservation, demolition, furnish-
ing, and equipment thereof, he is authorized in the discharge of the
duties so conferred upon him?
"(1) to purchase, repair, and clean uniforms for civilian
employees of the General Services Administration who are
required by law or regulation to wear uniform clothing;
(2) to furnish arms and ammunition for the protection force
maintained by the General Services Administration;
"(3) to pay ground rent for buildings owned by the United
States or occupied by Federal agencies, and to pay such rent in
advance when required by law or when the Administrator shall
determine such action to be in the public interest; -
"(4) to employ and pay personnel employed in connection with
the functions of operation, maintenance, and protection of prop-
erty at such per diem rates as may be approved by the Admin-
istrator, not exceeding rates currently paid by private industry
for similar services in the place where such services are performed;
"(5) without regard to the provisions of section 322 of the Act
of June 30, 1932 (41 Stat. 412), as amended, to pay rental, and
to make repairs, alterations, and improvements under the terms
of any lease entered into by, or transferred to, the General Serv-
ices Administration for the housing of any Federal agency which
on June 30, 1950, wa specifically exemP'ted by law from the
requirements of said section;
(6) to obtain payments, through advances or otherwise, for
services, space, quarters, maintenance, repair, or other facilities
furnished on a reimbursable basis, to any other Federal agency,
or any mixed-ownership corporation (as defined in the Govern-
ment Corporation Control Act), or the District of Columbia, and
to credit such payments to the applicable appropriation of the
General Services Administration;
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"(7) to make changes in, maintain, and repair the pneumatic
tube system connecting buildings owned by the United States or
occupied by Federal agencies in New York City installed under
franchise of the city of New York, approved June 29, 1909, and
June 11, 1928, and to make payments of any obligations arising
thereunder in accordance with the provisions of the Acts approved
August 5, 1909 (36 Stat. 120), and May 15, 1928 (45 Stat. 533) ;
"(8) to repair, alter, and improve rented premises, without
regard to the 25 per centum limitation of section 322 of the Act
of June 30, 1932 (47 Stat. 412), as amended, upon a determination
by the Administrator that by reason of circumstances set forth
in such determination the execution of such work, without refer-
ence to such limitation, is advantageous to the Government in
terms of economy, efficiency, or national security: Provided, That
such determination shall show that the total cost (rentals, repairs,
alterations, and improvements) to the Government for the
expected life of the lease shall be less than the cost of alternative
space which needs no such repairs, alterations, or improvements.
? A copy of every such determination so made shall be furnished
to the General Accounting Office;
? "(9) to pay sums in lieu of taxes on real property declared
surplus by Government corporations, pursuant to the Surplus
Property Act of 1944, where legal title to such property remains
in any such Government corporation;
"(10) to furnish utilities and other services where such utilities
and other services are not provided from other sources to persons,
firms, or corporations occupying or utilizing plants or portions of
plants which constitute (A) a part of the National Industrial
Reserve pursuant to the National Industrial Reserve. Act of 1948,
or (B) surplus real property, and to credit the amounts received
therefrom to the applicable appropriation of the General Services
Administration;
"(11) at the direction of the Secretary of Defense, to use pro-
ceeds received from insurance against damage to properties of the
National Industrial Reserve for repair or restoration of the dam-
aged properties; and
"(12) to acquire, by purchase, condemnation, or otherwise, real
estate and interests therein.
"(b) At the request of any Federal agency or any mixed-ownership
corporation ( as defined in the Government corporation Control Act),
or the District of Columbia, the Administrator is hereby authorized
? to operate, maintain, and protect any building owned by the United
States (or, in the case of any wholly owned or mixed-ownership Gov-
ernment corporation, by such corporation) and occupied by the agency
or instrumentality making such request.
"(c) At the request of any Federal agency or any mixed-ownership
corporation (as defined in the Government Corporation Control Act),
or the District of Columbia, the Administrator is hereby authorized
(1) to acquire land for buildings and projects authorized by the
Congress; (2) to make or cause to be made, under contract or other-
wise, surveys and test borings and to prepare plans and specifications
for such buildings and projects prior to the approval by the Attorney.
General of the title to the sites thereof; and (3) to contract for, and
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to supervise, the construction and development and the equipping
of such buildings or projects. Any sum available to any such Fed-
eral agency or instrumentality for any such building or project may
be transferred by such agency to the General Services Administration
in advance for such purposes as the Administrator shall determine
to be necessary, including the payment of salaries and expenses of
personnel engaged in the preparation of plans and specifications or
in field supervision, and for general office expenses to be incurred
in the rendition of any such service.
"(d) Whenever the Director of the Bureau of the Budget shall
determine such action to be in the interest of economy or efficiency, he
shall transfer to the Administrator all functions then vested in any
other Federal agency with respect to the operation, maintenance, and
? custody of any office building owned by the United States or any
wholly owned Government corporation, or any office building or part
thereof occupied by any Federal agency under any lease, except that
no transfer shall be made under this subsection?
"(1) of any post-office building unless the Director shall first
determine that such building is not used predominantly for post-
office purposes, and functions which are transferred hereunder to
the Administrator with respect to any post-office building may be
delegated by him only to another officer or employee of the General
Services Administration or to the Postmaster General;
"(2) of any building located in any foreign country;
"(3) of any building located on the grounds of any fort, camp,
post., arsenal, navy yard, naval training station, airfield, proving
ground, military supply depot, or school, or of any similar facility
of the Department of Defense, unless and to such extent as a permit
for its use by another agency or agencies shall have been issued by
the Secretary of Defense or his duly authorized representative;
"(4) of any building which the Director of the Bureau of the
Budget finds to be a part of a group of buildings which are (A)
located in the same vicinity, (B) utilized wholly or predominantly
for the special purposes of the agency having custody thereof, and
(C) not generally suitable for the use of other agencies; or
"(5) of the Treasury Building, the Bureau of Engraving and
Printing Building, the buildings occupied by the National Bureau
of Standards, and the buildings under the jurisdiction of the
regents of the Smithsonian Institution.
"(e) Notwithstanding any other provision of law, the Adminis-
trator is authorized, in accordance with policies and directives pre-
scribed by the President under section 205 (a) and after consultation
with the heads of the executive agencies affected, to assign and reassign
space of all executive agencies in Government-owned and leased build-
ings in and outside thDistrict of Columbia upon a determination by
the Administrator that such assignment or reassignment is advan-
tageous to the Government in terms of economy, efficiency, or national
security.
"MOTOR VEHICLE IDENTIFICATION
"SEC. 211. Under regulations prescribed by the Administrator,
every motor vehicle acquired and used for official purposes within the
United States, its Territories, or possessions, by any Federal agency
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or the District of Columbia shall be conspicuously identified by
showing thereon either (a) the full name of the department, establish-
ment, corporation, or agency by which it is used and the service in
which it is used, or (b) a title descriptive of the service in which it is
used if such title. readily identifies the department, establishment,
corporation, or agency concerned, and the legend 'For official use
only': Provided, That the regulations issued pursuant to this section
may provide for exemptions from the requirement of this section when
conspicuous identification would interfere with the purpose for which
a vehicle is acquired and used."
SEC. 6. The Federal Property and Administrative Services Act of
1949 is amended by?
( a) reclesignating "title V" of such Act as "title VI" thereof,
and "title V", wherever it appears therein, is amended to read
"title VI";
(b) reclesignating sections 501-505, inclusive, of such Act,
respectively, as sections 601-605, inclusive, thereof, and wherever '
any such section number appears in such Act as originally enacted,
it is amended to conform in numbering to the redesignation pre-
scribed by this subsection;
(c) inserting at the proper place in the table of contents to such
Act the following:
"TITLE V-FEDERAL RECORDS
"Sec. 501. Short title.
"Sec. 502. Custody and control of property.
"Sec. 508. National Ilistorical Publications Commission.
"Sec. 504. Federal Records Council.
"See. 505. Records management; the Administrator.
"Sec. 500. Records managenient; agency heads.
"Sec. 507. Archival administration.
"Sec. 508. Reports.
"Sec. 509. Legal status of reproductions.
"See. 510. Limitation on liability.
"Sec. 511. Definitions."
(d) inserting, immediately following title IV thereof, the
following new title:
"TITLE V?FEDERAL RECORDS
"SHORT TITLE
"SEC. 501. This title may be cited as the 'Federal Records Act of
1950'.
"CUSTODY AND CONTROL OF PROPERTY
"SEC. 502. The Administrator shall have immediate custody and
control of the National Archives Building and its contents, and shall
have authority to design, construct, purchase, lease, maintain, operate,
protect, and improve buildings used by him f Or the storage of records
of Federal agencies in the District of Columbia and elsewhere.
"NATIONAL HISTORICAL PUBLICATIONS COMMISSION
"SEC. 503. (a) There is hereby created a National Historical Publi-
cations Commission consisting of the Archivist (or an alternate desig-
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7 tr. Lew 7544
nated by him), who shall. be Chairman; the Librarian of Congress
(or an alternate designated by him) ; one Member of the United States
Senate to be appointed, for a term of four years, by the President of
the Senate; one Member of the House of Representatives to be
appointed, for a term of two years, by the Speaker of the House of
Representatives; one representative of the judicial branch of the Gov-
ernment to be appointed, for a term of four years, by the Chief Justice
of the United States; one representative of the Department of State
to be appointed, for a term of four years, by the Secretary of State;
one representative of the Department of Defense to be appointed, for
a term of four years, by the Secretary of Defense; two members of the
American Historical Association to be appointed by the council of
the said association, one of whom shall serve an initial term of two.
years and the other an initial term of three years, but their successors
shall be appointed for terms of four years; and two other members
outstanding' in the fields of the social or physical sciences to be.
appointedby the President of the United States, one of whom shall
serve an initial term of one year and the other an initial term of three.
years, but their successors shall be appointed for terms' of four years.
The Commission shall meet annually and on call of the Chairman.
"(b). Any person appointed to fill a vacancy in the membership of
the Commission shall be appointed only for the unexpired term of the
member whom he shall succeed, and his appointment' shall be made in
the same manner in which the appointment of his predecessor was
made.
"(e) The Commission is authorized to appoint, without reference to,
the Classification Act of 1949 (Public Law 429, 81st Congress; approved
October 28, 1949),, an executive director and such editorial and clerical
staff as the Commission may determine to be necessary. Members of
the Commission who represent any branch or agency of the Govern-
ment shall serve as members of the Commission without additional
compensation. All members of the Commission shall be reimbursed
for transportation expenses incurred in attending meetings of the
Commission, and all such members other than those who represent any
branch or agency of the Government of the -United States shall receive
in lieu of subsistence en route to or from or at the place of such service,
for each day actually spent in connection with the performance of their
duties as members of such Commission, such sum, not to exceed $25, as
the Commission shall prescribe.
"(d) The Commission shall make plans, estimates, and recommenda-
tions for such historical works and collections of sources as it deems
appropriate for printing or otherwise recording at the public expense.
The Commission shall also cooperate with and encourage appropriate
Federal, State, and local agencies and nongovernmental institutions,
societies, and individuals in collecting and preserving and, when it
deems such action to be desirable, in editing and publishing the papers
of outstanding citizens of the United States and such other documents
as may be important for an understanding and appreciation of the
history of the United States. The Chairman of the Commission shall
transmi.t to the Administrator from time to time, and at least once
annually, such plans, estimates, and recommendations as have been
'approved by the Commission.
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g4FEDERAL RECORDS COUNCIL
"SEC. 504. The Administrator shall establish a Federal Records
Council, and shall advise and consult with the Council with a view
to obtaining its advice and assistance in carrying out the purposes
of this title. The Council shall include representatives of the legisla-
tive, judicial, and executive branches of the Government in such num-
ber, as the Administrator shall determine, but such Council shall
include at least four representatives of the legislative branch, at least
two representatives of the judicial branch, and at least six representa-
tives of the executive branch. Members of the Council representing
the legislative branch shall be designated, in equal number, by the
President of the Senate and the Speaker of the House of Representa-
tives, respectively.. Members of the Council representing the judicial
branch shall be designated by the Chief Justice of the United States.
The Administrator is authorized to designate from persons named
by the head of any executive agency concerned, not more than one
representative from such agency to serve as a member of the Council.
Members of the Council shall serve without compensation, but shall
be reimbursed for all necessary expenses actually incurred in the
performance of their duties as members of the Council. The Council
shall elect a chairman from among its own membership, and shall
meet at least once annually.
"RECORDS MANAGEMENT; TICE ADMINISTRATOR
"Svc. 505. (a) The Administrator shall make provisions for the
'economical and efficient management of records of Federal agencies
(1) by analyzing, developing, promoting, and coordinating standards,
procedures, and techniques designed to improve the management of
records, to insure the maintenance and security of records deemed
appropriate for preservation, and to facilitate the segregation and
disposal of records of temporary value, and (2) by promoting the
efficient and economical utilization of space, equipment, and supplies
needed for the purpose of creating maintaining, storing, and servicing
records.
"(b) The Administrator shall establish standards for the selective
retention of records of continuing value, and assist Federal agencies in
applying such standards to records in their custody; and he shall notify
the head of any Federal agency of ally actual, impending, or threat-
ened unlawful removal, defacing, alteration; or destruction of records
in the custody of such agency that shall come to his attention, and
assist the head of such agency in initiating action thrOugh the Attorney
General for the recovery of such records as shall have been unlawfully
removed and for such other redress as may be provided by law.
"(c) The Administrator is authorized to inspect or survey person-
ally or by deputy the records of any Fede-ral agency, as well as to make
surveys of records management and records disposal practices in such
agencies, and shall be given the full cooperation of officials and
employees of agencies in such inspections and surveys: Provided,
That records, the use of which is restricted by or pursuant to law or
for reasons of national security or the public interest, shall be inspected
or surveyed in accordance with regulations promulgated by the Admin-
istrator, subject to the approval of the head of the custodial agency.
"(d) The Administrator is authorized to establish, maintain, and
operate records centers for the storage, processing, and servicing of
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records for Federal agencies pending their deposit with the National
Archives of the United States or their disposition in any other manner
authorized by law; and to establish, maintain, and operate centralized
microfilming services for Federal agencies.
"(e) Subject to applicable provisions of law, the Administrator
shall promulgate regulations governing the transfer of records from
the custody of one executive agency to that of another.
" (f) The Administrator may empower any Federal agency, upon
the submission of evidence of need therefor, to retain records for a
longer period than that specified in disposal schedules approved by
Congress, and, in accordance with regulations promulgated by him,
may withdraw disposal authorizations covering records listed in dis-
posal schedules approved by Congress.
"RECORDS MANAGEMENT; AGENCY HEADS
"SEC. Ea (a) The head of each Federal agency shall cause to be
made and preserved records containing adequate and proper docu-
mentation of the organization, functions, policies, decisions, pro-
cedures, and essential transactions of the agency and designed to
furnish the information necessary to protect the legal and financial
rights of the Government and of persons directly affected by the
agency's activities.
(b) The head of each Federal agency shall establish and maintain
an active, continuing program for the economical and efficient manage-
ment of the records of the agency. Such program shall, among other
things, provide for (1) effective controls over the creation, mainte-
nance, and use of records in the conduct of current business; (2)
cooperation with the Administrator in applying standards, procedures,
and techniques designed to improve the management of records, pro-
mote the maintenance and security of records deemed appropriate for
preservation, and facilitate the segregation and disposal of records of
temporary value; and (3) compliance with the provisions of this
title and the regulations issued thereunder.
"(c) Whenever the head of a Federal agency determines that sub-
stantial economies or increased operating efficiency can be effected
thereby, he shall provide for the storage, processing, and servicing of
records that are appropriate therefor in a records center maintained
and operated by the Administrator or, when approved by the Admin-
istrator, in such a center maintained and operated by the head of such
Federal agency.
?"(d) Any official of the Government who is authorized to certify
to facts on the basis of records in his custody, is hereby authorized to
certify to facts on the basis of records that have been transferred by
him or his predecessors to the Administrator.
"(e) The head of each Federal agency shall establish such safe-
guards against the removal or loss of records as he shall determine
to be necessary and as may be required by regulations of the Admin-
istrator. Such safeguards shall include making it known to all offi-
cials and employees of the agency (1) that no records in the custody
of the agency are to be alienated or destroyed except in accordance
with the provisions of the Act approved July 7, 1943 (57 Stat. 380-
383), as amended July 6, 1945 (59 Stat. 434), and (2) the penalties
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Rm. LAW 7b4.I 10
provided by law for the Unlawful removal or destruction of records.
"(f) The head of each Federal agency shall notify the Administra-
tor of any actual, impending, or threatened unlawful removal, defac-
ing, alteration, or destruction of records in the custody of the agency
of which he is the head that shall come to his attention, and with
the assistance of the Administrator shall initiate action through the
Attorney General for the recovery of records he knows or has reason
to believe have been unlawfully removed from his agency, or from
any other Federal agency whose records have been transferred to his
legal custody.
. "(g) Nothing in this title shall be construed as limiting the author-
ity of the Comptroller General of the United States with respect to
prescribing accounting systems, forms, and procedures, or lessening
the responsibility of collecting and disbursing officers for rendition
of their accounts for settlement by the General Accounting Office.
"ARCHIVAL ADMINISTRATION
"SEc. 507. (a) The Administrator, whenever it appears to him to be
in the public interest, is hereby authorized?
"(1) to accept for deposit with the National Archives of the
United States the records of any Federal agency or of the Congress
of the United States that are determined by the Archivist to have
? sufficient historical or other value to warrant their continued
preservation by the United States Government;
"(2) to direct and effect, with the approval of the head of the
originating agency (or if the existence of such agency shall have
been terminated, then with the approval of his successor in func-
tion, if any), the transfer of records deposited (or approved for?
? deposit) with the National Archives of the United States to public
or educational institutions or associations : Provided, That the title
to such records shall remain vested in the United States unless
otherwise authorized by Congress; and
"(3) to direct and effect the transfer of materials from private
sources authorized to be received by the Administrator by the
provisions of subsection (e) of this section.
"(b) The Administrator shall be responsible for the custody, use,
and withdrawal of records transferred to him: Provided, That when-
ever any records the use of which is subject to statutory limitations
and restrictions are so transferred, permissive and restrictive statutory
provisions with respect to the examination and use of such records
applicable to the head of the agency from whieh the records were
transferred or to employees of that agency shall thereafter likewise
be applicable to the Administrator, the Archivist, and to the employees
of the General Services Administration, respectively: Provided fur-
ther, That whenever the head of any agency shall specify in writing
restrictions that appear to him to be necessary or desirable in the public
interest, on the use or examination of records beim). considered for
transfer from his custody to the Administrator, the Administrator
shall impose such restrictions on the records so transferred, and shall
not remove or relax such restrictions without the concurrence in writ-
ing of the head of the agency from which the material shall have been
transferred (or if the existence of such agency shall have been ter-
minated, then he shall not remove or relax such restrictions without
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11 [Pus. Lew 7544
the concurrence of the successor in function, if any, of such agency
head) : Provided, however, That statutory and other restrictions
referred to in the provisos of this subsection shall not remain in force
or effect after the records have been in existence for fifty years unless
the Administrator by order shall determine with respect to specific
bodies of records that such restrictions shall remain in force and
effect for a longer period: And provided further, That restrictions on
the use or examination of records deposited with the National Archives
of the United States heretofore imposed and now in force and effect
under the terms of section 3 of the National Archives Act, approved
June 19, 1934, shall continue in force and effect regardless of the
expiration of the tenure of office of the official who imposed them but
may be removed or relaxed by the Administrator with the concurrence
in writing; of the head of the agency from which material has been
transferred (or if the existence of such agency shall have been ter-
minated, then with the concurrence in writing of his successor in
function, if any).
"(c) The Administrator shall make provisions for the preservation,
arrangement, repair and rehabilitation., duplication and reproduction
(including microcopy publications), description, and exhibition of
records transferred to him as may be needful or appropriate, includ-
ing the preparation and publication of inventories, indexes, catalogs,
and other finding aids or guides facilitating their use; and, when
approved by the National Historical Publications Commission, he may
also publish such historical works and collections of sources as seem
appropriate for printing or otherwise recording at the public.
expense.
"(d) The Administrator shall make such provisions and maintain
such facilities as he deems necessary or desirable for servicing records
in his custody that are not exempt from examination by statutory
provisions or other restrictions.
"(e) The Administrator may accept for deposit?
"(1) the personal papers and other personal historical clocu-
mentary,materials of the present President of the United States,
his successors heads of executive departments, and such other
officials of the Government as the President may designate, offered
for deposit under restrictions respecting their use specified in
writing by the prospective depositors: Provided, That restric-
tions so specified on such materials, or any portions thereof,
accepted by the Administrator for such deposit shall have force
and effect during the lifetime of the depositor or for a period
not to exceed twenty-five years, whichever is longer, unless sooner
terminated in writing by the depositor or his legal heirs: And
provided further, That the Archivist determines that the mate-
rials accepted for such deposit will have continuing historical or
other values;
"(2) motion-picture films, still pictures, and sound recordings
from private sources that are appropriate for preservation by
the Government as evidence of its organization, functions, poli-
cies, decisions, procedures_, and transactions.
' Title to materials so deposited under this subsection shall pass to and
vest, in the United. States.
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"(f) The Administrator is hereby authorized to make and preserve
motion-picture films, still pictures, and sound recordings pertaining to
and illustrative of the. historical development of the United States
Government and its activities, and to make provisions for preparing,
editing, titling, scoring, processing, duplicating, reproducing, exhibit-
ing, and releasing for nonprofit educational purposes, motion-picture
films, still pictures, and sound recordings in his custody.
"REPORTS
"SEC. 508. (a) The Administrator is hereby authorized, whenever
he deems it necessary, to obtain reports from Federal agencies on their
activities under the provisions of this title and the Act approved July
7, 1943 (57 Stat. 380-383), as amended July 6, 1945 (59 Stat. 434).
"(b) The Administrator shall, whenever he finds that any provi-
sions of this title have been or are being violated, inform in writing
the head of the agency concerned of such violations and make recom-
mendations regarding means of correcting them. Unless corrective
measures satisfactory to the Administrator are inaugurated within a
reasonable time, the Administrator shall submit a written report
thereon to the President and the Congress.
"LEGAL STATUS OF REPRODUCTIONS
"SEC- 509. (a) Whenever any records that are required by statute to
be retained indefinitely have been reproduced by photographic micro-
photographic, or other processes, in accordance with standard's estab-
lished by the Administrator, the indefinite retention of such photo-
graphic, microphotographic, or other reproductions will be deemed to
constitute compliance with the statutory requirement for the indefinite
retention of such original records. Such reproductions, as well as
reproductions made in compliance with regulations promulgated to
carry out this title, shall have the same legal status as the originals
thereof.
"(b) There shall be an official seal for the National Archives of the
United States which shall be judicially noticed. When any copy or
reproduction, furnished under the terms hereof, is authenticated by
such official seal and certified by the Administrator, such copy or repro-
duction shall be admitted in evidence equally with the original from
which it was made.
"(c) The Administrator may charge a fee not in excess of 10 per
centum above the costs or expenses for making or authenticating copies
or reproductions of materials transferred to his custody. All such fees
shall be paid into, administered, and expended as a part of the National
Archives Trust Fund provided for in section 5 of the Act approved
July 9, 1941. There shall be no charge for making or authenticating
copies or reproductions of such materials for official use by the United
States Government: Provided, That reimbursement may be accepted
to cover the cost of furnishing such copies or reproductions that could
not otherwise be furnished.
"LIMITATION ON LIABILITY
"SEC. 510. With respect to letters and other intellectual productions
(exclusive of material copyrighted or patented) after they come into
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[Pcts. Lew 7541
3
the custody or possession of the Administrator, neither the United
States nor its agents shall be liable for any infringement of literary
property rights or analogous rights arising thereafter out of use of
such materials for display, inspection, research, reproduction, or other
purposes.
"DEFINITIONS
"SEC. 511. When used in this title?
"(a) The term 'records' shall have the meaning given to such term
by section 1 of the Act entitled 'An Act to provide for the disposal of
certain records of the United States Government', approved July 7,
1943 (57 Stat. 380, as amended; 44 U. S. C. 366) ;
"(b) The term 'records center' means an establishment maintained
by the Administrator or by a Federal agency primarily for the stor-
age, servicing, security, and processing of records that must be pre-
served for varying periods of time and need not be retained in .office
equipment and space;
"(c) The term 'servicing' means making available for use infor-
mation in records and other materials in the custody of the
Administrator?
"(1) by furnishing such records or other materials, or infor-
mation from such records or other materials, or copies or repro-
ductions thereof to agencies of the Government for official use
and to the public; and
"(2) by making and furnishing authenticated or unauthenti-
cated copies or reproductions of such records and other materials;
"(d) The term 'National Archives of the United States' means
those official records that have been determined by the Archivist to
have sufficient historical or other value to warrant their continued
preservation by the United States Government, and have been accepted
by the Administrator for deposit in his custody;
(e) The term 'unauthenticated copies' means exact copies or repro-
? ductions of records or other materials that are not certified as such
? under seal and that need not be legally accepted as evidence; and
" (f ) The term 'Archivist' means the Archivist of the United
States."
SEc. 7. The Federal Property and Administrative Services Act of
1949 is further amended by?
(a) striking out the word "and" preceding " (2) " in subsection
(d) of section 3 thereof; substituting a semicolon for the period
?at the end of said subsection; and adding at the end of such
subsection the following: "and (3) records of the Federal
Government.";
(b) striking out, in section 208 (a) thereof, the expression "and
V", and inserting in lieu thereof the expression "V, and VI";
(c) striking out, in section 208 (b) thereof, the expression
"and V", and inserting in lieu thereof the expression "V, and
VI";
(d) striking out the word "and" at the end of paragraph (30)
of section 602 a) ; striking out the period at the end of paragraph
(31) of section 602 (a) and inserting in lieu thereof a semicolon;
and adding at the end of section 602 (a) the following new
paragraphs
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"(32) the Act entitled 'An Act to establish a National Archives
of the United States Government, and for other purposes',
approved June 19, 1934 (48 Stat. 1122-1124, as amended; 44
U. S. C. 300, 300a, 300c?k); and
"(33) section 4 of the Act of February 2, 1905 (33 Stat. 687,
as amended; S U. S. C. 77)."
( e) amending subsection 602 (b) and (c) thereof to read as
follows:
"(b) There are hereby superseded?
"(1) the provisions of the first, third, and fifth paragraphs of
section 1 of Executive Order Numbered 6166 of June 10, 1933,
insofar as they relate to any function now administered by the
Bureau of Federal Supply except functions with respect to stand-
ard contract forms; and
"(2) sections 2 and 4 of the Act entitled 'An Act to provide for
the disposal of certain records of the United States Government',
approved July 7, 1943 (57 Stat. 381, as amended; 44 U. S. C. 367
and 369), to the extent that the provisions thereof are inconsistent
with the provisions of title V of this Act.
"(c) The authority conferred by this Act shall be in addition and
paramount to any authority conferred by any other law and shall not
be subject to the provisions of any law inconsistent herewith, except
that sections 205 (b) and 206 (c) of this Act shall not be applicable
to any Government corporation or agency which is subject to the
Government Corporation Control Act (59 Stat. 597; 31 U. S. C. 841)."
(f) amending paragraphs (17), (18), and (19) of section 602
(d) thereof to read as follows:
"(17) the Central Intelligence Agency;
"(18) the Joint Committee on Printing, under the Act entitled
'An Act providing for the public printing and binding and the
distribution of public documents' approved January 12, 1895 (28
Stat. 601), as amended or any other Act; or
"(19) for such period of time as the President may specify,
any other authority Of any executive agency which the President
determines within one year after the effective date of this Act
should, in the public interest, stand unimpaired by this Act."
(g) striking out the period at the end of section 603 (a) thereof
and inserting in lieu thereof a comma and the following: "includ-
ing payment in advance, when authorized by the Administrator,
for library memberships in societies whose publications are
available to members only, or .to members at a price lower than
that charged to the general public."
Sue. 8. (a) Subsection 3 (b) of the Federal Property and Adminis-
trative Services Act of 1949 is amended to read as follows:
"(b) The term 'Federal agency' means any executive agency or any
establishment in the legislative or judicial branch of the Government
(except the ,Senate, the House of Representatives, and the Architect
of the Capitol and any activities under his direction)."
(b) Section 201 (b) of the Federal Property and Administrative
Services Act of 1949 is amended by striking out the expression "or the
Senate, or the House of Representatives,".
(c) Section 602 of the Federal Property and Administrative Serv-
ices Act of 1949 is amended by redesignating subsection (e) thereof
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as subsection (f), and inserting, immediately after subsection (d.)
thereof, the following new subsection:
"(e) No provision of this Act, as amended, shall apply to the Senate
or the House of Representatives (including the Architect of the
Capitol and any building, activity, or function under his direction),
but any of the services and facilities authorized by this Act to be
rendered or furnished shall, as far as practicable, be made available
to the Senate, the House of Representatives, or the Architect of the
Capitol, upon their request, and, if payment would be required for the
rendition or furnishing of a similar service or facility to an executive
agency, payment therefor shall be made by the recipient thereof, upon
presentation of proper vouchers, in advance or by reimbursement (as
may be agreed upon by the Administrator and the officer or body
making such request). Such payment may be credited to the appli-
cable appropriation of the executive agency receiving such payment."
SEC. 9. The Federal Property and Administrative Services. Act of
1949, section 205 (h), is hereby amended by striking out the last word
of the sentence "title" and inserting in lieu thereof the word "Act".
SEC. 10. (a) Whenever any contract made on behalf of the Govern-
ment by the head of any Federal Agency, or by officers authorized by
him so to do, includes a provision for liquidated damages for delay,
the Comptroller General upon recommendation of such head is author-
ized and empowered to remit the whole or any part of such damages as
in his discretion may be just and equitable.
(b) Section 306 of the Federal Property and Administrative Serv-
ices Act of 1949, is hereby repealed, and this section shall be effective
as of July 1, 1949.
SEC. U. All laws or parts of laws in conflict with the provisions of
this Act or with any amendment made thereby are, to the extent of
such conflict, hereby repealed.
Approved September 5, 1950.
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11,ur,? 1- 7crt
6
or itte, District of Coltinii.)H. shall be conspicuously
,sla-rro-ing- thereon either (a) tip.. full mune of the deparinic,J.,
inent, corponn f.)n, or a,yeney .)y is 11S0(1
whkli it is used. or (b) a tit lo descriptive of the seuice in wHc1 is
-used if such title readily identifies the department.
corporation, or ag,,licy concerned, and the legend For odicial use
iitoz!idcd, That the renlatto1l:13ssn911 pursuant to tiU section
may provide for exemptions from the rc.quirentent of this section when
conspicuous, identification would intericiie .with the purpose for which
a vehicle is accoired and used."
Sno. 6. The Federal Property and Administrative Services Act of
1949 is amended by?
(a) redesignating "title V" of such Act. as "title VI" thereof,
and "title V", wherever it appears therein, is amended to read
"title VI";
(b) redesignating- sections 501-503, inclusive, of such Act,
respectii-ely, as sections 601-00,5, inclusive, thereof, and wherever
any such section number appears in such Act as originally enacted,
it is amended to conform in numbering to the, redesignation pre-
scribed by this subsection;
(c) inserting at the proper place in the table of contents to such
Act the following:
"Sec. 501. Short title.
"Sec. 502. Custody and control of property.
"Sec. 503. _National Historical Publieations Commission.
"Sec. 504. Federal. Records Couhcil.
"Sec. 505. Records ma-nagement; the Administrator.
"Sec, 505. Records maimgetuent; ;geney heads.
"See.. 507. Arc-his-al admii,dstratiou.
"Sec. 503. Reports.
"Sec. 50. Leg-al status or reproductions.
"Sec. 510. Limitation -on liability.
"Sec. 511. Definitions."
(d) inserting, immediately following title IV thereof, the
following new title:
"TITLE V?FEDEIZAL RECORDS
?sttOr.T TITLE
"Sr.c. 501. This title may be cited as the 'Federal Record3 Act of
1950'.
"TITLE V?TEDEEAL
"CUSTODY AND OOcrEOLor PROPEErf
"SEC. 502. The Administrator shall have immediate custody and
control of the _National Archives Building and its contents, and shall
have authority to design, construct, purchase, lease, maintain, operate,
protect, and improve buildings used by him for the storage of records
of Federal agencies in the District of Columbia and elsewhere.
"NATIONAL msToRicAL PrELIcATTONS commrssi.o.N
"SEC. 503. (a) There is hereby created a National Historical
Pabji-
cations Commission consisting of the Archivist (or an alternate ciesif,-.;-
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Tinted by hint), \yip:: shall. he Chairman; the Librarian of
(or au riturnate desi,r-nalcd. byhim) ; one-.:Tell112(...1" of the nhu
Sonal e to 1K., appoim ed, i'or it term ye;;rs,, by the. I.)1.'esident of
the Senai..e; one Member of the Jhmsn (); .1.T.1..usentatives to
appointed, -for a term of two yearF.:,. by he ',pealzer of the }louse
liepresentatives; one r,:presentative of tile :judicial branch Of i he G.y,--
erni?,,H., n'ypniutprl, for a term of :four yea he the Chief .1
of the. United Si ates; one representative of the llopartment of :.--tate
to be api (-.)i.nted. for a term of four yeari,, by the Secretary 61 Sisitic;
one representative of the Department of De ;'ense to be appointed. fin.
a term of four ycark by the Secretary of Defense; two members of the
American Historical ..`s.ociation to be appointed by the council of
the said association, one of whom shall serve an initial term of two
-years intl the other an initial term of tlace. years, but their successors
shall be appointed for terms of four sears; and two other memlxu-s
outstanding in the fields of the social Or physical scioneea to be
appointed by the President of the United States, one of whom shall
serve an initial term of one year and the other an initial term of three
years, but their successors shall be appointed for terms of fain, years.
The Commission shall meet annually and on call of the Chairm;,.n.
"(h) Any.person appointed to fill a vacancy in the membership of
the.Commisslon shall be appointed only for the unexpired term of the
member whmn he shall suecu.d, and his 'appointment shall be made in
the same manner in v,-hieh the appointment of his predecessor 'vas
made.
. "(c) The Commission is authorized, to appoint, without reference to
the Classification Act of IS:49 (Public Law 420, Slst Congress, approved '
October 2.8, 194.9), an executive director and such editorial and clerical
stall as the Commission may determine to be necessary. Members of
the Commission who represent any branch or agency of the Govern-
ment shall serve as memhel's of the Commission without additional
compensation. All members of the Commission shall be reimbursed .
for transportation expenses incurred in attending mech.:Iris of the
Commission, anti all such members other than those who represent any
branch or agency of the Government of the United Si-ates shall receive
in lieu of subsistence en route to or from or at the place of such service,
for each day actually spent. in connection with the performance of their
duties as members of such Commission, such sum, not to exceed $23, as
the Connnission shall prescribe.
"(d) The Commission shall mall'e plans, estimates, and recomMenda-
tions for such historical works and collections of sources as it deems
appropriate for printim-,.o-.7 otherwise 'recording at the public expe-f,se.
The Commission shall also cooperate with and encourage appropriate
Federal, State, and local agencies and nongovernmental institutions,
societies, and individuals in collecting and preserving and, when it.
deems si.v..11 action to be desirable. in editing and publishing the papes
of outstanding cilizens of the United States and such other c!ocurnents
as may be important for an underStandinr, and appreciation of the
history of the. United States. The Chairman of the Commission shall
transmit to the Administrator from time. to time, and at least once
annually, such plans, estimates, and recommendations as have been
approved by the Commission.
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IV VD, 1_i- 751,J
itneoeo5. COUNCIL
";77,1-:c. t;0-k The toy sliCi I establish. a Federal. Ilccord
Council, and shall :id vise. and consalt with the Conm2i1 with a view
to obtaining its ad vice and assista nce in carrying out the purpc.,sca
of this title. The. Council dud I include representatives of the legisla-
tive., judicial, a al executive branches of the Government in such num-
bee. as the Administrator shall .determine, but such Council shall
include at least four representatives of the legislative branch., at least
two reprcsentat ives of the judicial branch, and at least six representa-
tives of the executive branch. Members of the Council representing
the legislative branch shall be designated, in equal number, by the
President of the Senate and the Speaker of the House, of llepre,,enta-
tires, respectively. Members of the Council representing the julicial
branch shall be designated bv the Chief :Justice of the united States.
The Administrator is authorized to designate from persons named
by the head of any executive agency concerned, not more than one
representative frou such agency to serve as a member of the Council.
Members of the Council shall serve without compensation, but shall
be reimbursed for all necessary expenses actually incurred in the
performance of their duties as members of the Council. The Council
shall elect a chairman from among its own membership, and shall
meet at least once annually.
"r,Ecolins THE AWITNISMATOR: ,
"SEC. 505. (a) The Administrator shall make provisions for the
?economical and efficient management of records of Federal agencies
(1) by analyzing. developing. promoting, and coordinatin!): standards,
procedures, and techniques designed to improve- the management of
records, to insure the maintenance and security of records deemed
appropriate for preservation, and to facilitate the segregation and
disposal of records of temporary value, and (17) by promoting the
efficient and economical utilization of spate, ecuipment, and supplies
needed for the purpose of creating maintaining, storing, and servicing
records.
"(b) The Administrator shall establish standards for the selective
retention of records of continuing value, and assist Federal agencies in.
applying such standards to records in their custody : and he shall notify
the head of any Federal. agency of any actual, impending, or threat-
ened unlawful removal, defacing, alteration, or destruction of recozds
in the custody of such agency that. shall, come to his attention, and
assist the head of such agency in initiating action through the Attorney
General for the recovery of such records as shall have been unlawfully
removed and for such other redress as may be provided by law.
"(c) The Administrator is authorized to inspect or survey person-
ally or by deputy the records of any Federal agency, as well as to in::17.e
surveys of records management and records cl)sposal practices in such
agencies, and shall be given the -full cooperation of officials and
employees of agencies in such inspections and surveys : Pro ccZCCi,
That records, the. use of which is restricted by or pursuant to law or
for reasons of national security or the public interest, shall be inspected
or surveyed in accordance with ref,ulations promulgated by the. A.dni in-
istrator, subject to the approval of the head of the custodial agency.
"(d) The Administrator is authorized to establish, maintain, 'and
operate records centers for the storage, processing, and servicing of
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41
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.r Floiol ac.rencie.s pending their deposit )vith the..ntional
Archives o1 the li.hei t-a.tes or their dipoition in any other manner.
arthori./.1.'d by law: and te eslablish, maintain, ;old operat:(.. centiaiized
fur .1 agoicies.
"(e) ;.:1.1.1;ject. to :Lpr,lica hie provi,,ions the .Administrn.i.or
shall prom tligate re,erulations governing the transfer of records front
the custod.v of one executive ageney to that. of another.
"(f) The Administrator may empower any Federal. agency, upon
the submission. of evidence of need therefor, to retain records for a
longer pniod than that specified in disposai schedules approved by
Cogress, and, in accordance with regul:;tions i2romulgated by him,
may withdraw. disposal authorizations covering records listed in
pr.,sal. schedules approved by Congress.
"flEcoms N.,,NAGnmEN.T; ixcEser READS
tb3.. (a) The head of each Federal agency shall cause to be
made mid preserved records containing adequate and proper docu-
mentation of the organization, functions, policies, decisions, pro-
' certifies, and essential transactions of the agency and designed to
furnish the information necessary to protect. the legal and 'financial
riphts of the Government and of persons directly affected by the
avency's activities. ?
-"kb.) The head .of each Federal agency shall establish end maintain
in active, continuing program for the economical and efficient managki-
meta .of.the-records of the agency. Such program shall, among other
Clings, provide for (1) effective controls over the creation, mainte-
nance, and use of records in the. conduct of current. business: (2)
cooperation with the Administrator in applying standards, procedures,
and techniques dei;ig-ned to improve the management of records, pro-
mote the maintenance. and security of records deemed appropriate for
preservation, and facilitate the segregation and disposal of records of
temporary value: and (3) compliance with the provisions of this
title and the regulations issued thereunder.
"(c) Whenever the head. of a Federal agency determines that sub-
stantial economies or increased operating efficiency can be effected
thereby, he shall provide for the storage, processing, and servicing of
records that are appropr't0,- therefor in a..records center maintained
and operated by the Administrator or, when approved by the Achnin-
iqrator, in such a center mainfained and operated by the head of such.
Federal agency.
"(d) Any official of the Government who is authorized to certify
to facts on the basis of records in his custody, is hereby authorized to
certify to facts on the basis of records that have been transferred by
him or his predecessors to the Administrator.
"(e) The head of each Federal agency shall establish such safe-
guards against the removal or loss of records as he shall determine
to be necessary and as may be required by regulations of the. Admin-
istrator. Such safeguards shall include making it known to all offi-
cials and employees of the. agency (1) that no records in the custody
of the agency are to be. 'alienated or destroyed except in accordance.
with the. provisions of the. Act approved July 7, 1943 (57 Stat. 380-
383), as amended Ally. 6, 1915 (30 Stat. 434), and (2) the penalties
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10
prch'ided by law for theennla \viol removal or destruction of. record_ ?
"( If) The head of cab f'etleted agency shall notify the Administra-
tor of any actual, impending, or threatened unlawful removal, defac-
ing, tiltend ion, or i1 itlint of records in tile custody of the agency
of which he is die head that shall conic to his attention, and with
the as:;istance of the. Administrator shall initiate action through the
.Attorney General for the recovery of reeord.sehe knows or has reason
to believe have been unlawfully removed .from his agency, or from
any other Federal agency whose records hare been transferred to his
legal c.liA0C11".
"(g) Nothingthis title, shall be construed as limiting theauthor-
._ ,
ity of the Comptroller General of the -United States with respect to
prescribing- accounting: systems, forms, and procedures, or lessening
the. responsibility of collecting and disbursing officers for rendition
of their accounts for settlement by the General Accounting Office.
4`ARCHIVAL ADINIENTSTEATION
"SEC. 507. (a) The Administrator, whenever it appears to him to be
in the public interest, is hereby authorized?
"(1) to accept for deposit with the National Archives of the
United. States the records of any Federal agency or of the Congress
of the United States that are determined 1,L'-iy the, Archivist to have
sufficie?t historical or other value to warrant their continued
preservation by the United States Government;
"(2) to direct and effect, with the approval of the head of the
originating agency (or if the existence of such agency shall have
been terminated, then with the approval of his successor in func-
tion, if any), the transfer of records deposited (or. approved for
deposit) with the National Archives of the United States to public
or educational institutions or associations: Provided, That the title,
to such records shall remain rested in the United States unless
? otherwise authorized by Congress; and ?
"(3) to direct and effect the transfer of materials from private
sources authorized to be received by the Administrator by the
provisions of subsection (e) of this section.
"(b) The. Administrator shall be responsible for the custody, use,
and withdrawal of records transferred to him: Provided, That when-
ever any records the use of. which is subject to statutory limitations
and restrictions are so transferred, permissive and restrictive statutory
provisions with respect to the examination and use of sash records
applicable to the head of the agency from which the records were
transferred ?or to employees of that agency shall thereafter likewise
be applicable to the Administrator, the Archivist; and to the employees
of the General Services Administration, respectively: Provided fur-
ther, That whenever the head of any agency shall specify in writing
restrictions that appear to him to be necessary or desirable in the public
interest, on tile use or examination of records being Consickred for
transfer from his custody to the Administrator, the Administrator
shall impose such restrictions on the records so transferred, and shall
not remove or relax slidi restrictions without the concurrence. in writ-
ing of the head of the agency from which the material 'shall have been
transferred (or if the existence, of such agency shall have. been ter-
minated, then he shall not remove Or relax such restrictions without
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the cwairrence of the suiffosor in. function, if any, of such
11c,ad) hotccaci, That statutory and other restriction.s
referred to in the provisos of tins subsectio1i shall not ivinain. in. force
or effect after the records.h.ave been in exist.ence for fifty years unless
the. Administrator by order shall determine with. respect. to specific
bodies- of records that such restrictions shall remain in force and
effect for a longer period: And. piorided turiber, 'plat restrictions on
the use or examination of records deposited wit:lithe National Archives
of the United States heretofore imposed and now in force and effect
under the terms of section 3 of the National Archives Aci-, approved
June 19, 1934, shall continue in force and effect Tegardless of the
expiration of the tenure of office of the official who imposed. them'but
may be removed or relaxed by the Administrator with the concurrence
in -writinc, of the head of the agency from which material has been
transferred (or if the. existence of such agency shall have been ter-
minated, then with the concurrence in writing of his successor in
function. if any).
"(c) The Administrator shall make provisions for the preservation,
arrangement, repair and rehabilitation, duplication and reproduction
(including microcopy publications); description, and exhibition of
records transferred to him as may be needful or appropriate, includ-
ing, the preparation and publication of inventories, indexes, catalogs, ?
and other finding aids or guides facilitating their use; and, when
approved by the ITational Historical Publications Commission, be may
also publish such historical works, and collections of sources as-seem
appropriate for printing or otherwise recording at the public.
expense.
"(d) The Administrator shall make such provisions and maintain.
such facilities as he deems necessary or desirable for servicing records
in his custody that are not exempt from examination by statutory
provisions or other restrictions.
"(e) The Administrator may accept for deposit?
"(I.) the. perscaaal papers and-other personal historical docu-
. ? mentary,materials of the present President of the United States,
his successors, heads of executive departments, and such other
offiCials of the Government.as the President may designate, offered
for deposit under restrictions respecting their use specified .in
-? writing by the prospective depositors: Provided, That restric-
tions so specified on ..such-materials, or any portions thereof,
- - accepted by the Administrator for such deposit shall have force
and effect- during the lifetime of the depositor or for a period
. : not to. exceed twenty-five years, whichever is longer, unless sooner
terminated in writing- by the depositor or his legal heirs: And
provided furt4er, That the Archivist determines that the mate-
rials accepted for .such deposit will have continuing historical or
other values;
"(2) motion-picture films, still pictures, and sound recordings
from private sources that are appropriate for preservation by
the Government as evidence of its organization, functions, poli-
cies, decisions, procedures' and. transactions.
Title to materials so deposited under this subsection shall pass to and
vest in the United States.
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iA
7:I.1
"(f) The Administrator is hereby authorized to riaL,:i
, ?
motion-picture films, i?-rt pict eros, ind soutid pc-02
and illustrative of tie ilist.orieal det-elopment oi he Uniti.id cs
Government and its activities, and to make provisions for preparing,
C diting-. titling, (1 fl processing, duplicating, reproducing, exhib
Frig:, and releasing for nonprofit educational purposes, motion-picture
Mins, still pictures, and sound recordings in his custody.
"RE VOLTS
"Site, 50S.. (a)? The .:1 dministrator is hereby ?authorized, wheneTcr
be deems it ne,;;:.:?,ary, to obtain reports front Federal agem ics on the
activities under the provisions of this title and the Act approved July
7, 1913 (57 Stat, 3S0-3S3), as amended July 6, 1915 (59 Stat. 134).
"(b). The .Administrator shall, whenever he finds that any provi-
sions of this title have been or are being violated, inform in writing
the head of the agency concerm?id of such violations and make recom-
mendations regarding means of correcting them. Unless corrective
measures satisfactory to the Administrator are inaugurated within a
reasonable time, the Achninistrator shall submit a written report
thereon to the President and the Congress.
"LEGAL STATTI'S OF 1-?. EBRO OUCTIOICS
"Sac. 509. (a) Whenever any records that are required by statute to
be retained indefinitely have been reproduced by photographic, micro-
photooTaphic, or other processes, in accordance with standards estab-
lished' by the Administrator, the indefinite, retention of such photo-
graphic, microphotographic, or other reproductions will be deemed to
constitute compliance with the statutory requirement for the indeftite
retention of such. original records. Such reproductions, as well as
reproductions made in compliance with regulations promulgated to
carry out this title, shall have the same legal status as the originals
thereof.
"(b) There shall be an official seal for the National Archives of the
United States which shall be judicially noticed. When any copv or
reproduction, furnished under the terms hereof, is authenticated by
such official seal and certified by the Administrator, such copy or repro-
duction shall be admitted in evidence equally with the original from
which it was made.
"(c) The Administrator may charge a fee not in excess of 10 per
centum above the costs or expenses for making or authenticating copies
or reproductions of ntaterials transferred to his custody. All such fees
.shall be paid into, administered, and expended as a part of the National
Archives Trust Fund provided for in section 5 of the Act approved
July 9, 1941. 'There shall be no charge for making or authenticatin't
copies or reproductions of Such materials for official use by the -United
States Government: Provided, That reimbursement may be accepted
to cover the cost of furnishing such copies or reproductions that could
not otherwise be furnished.
? "LurrrArmist ox LIABILITY
"Sze. 510. With respect to letters and other intellectual productions
(exclusive of material copyrighted or patented) after they come into
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the eusi-od. possession Of the Admtrator, neither the United
;''it'Ates rie3' 8;_!'.ilk shall be. liable for any infringement of literary
pr,iiierLy rbis or a niiiogoos rights arising 1 out, o use. at
such materials for display, inspection, research; reproduction, or other
"DEFI rti ONS
"Sac. rell. When used in this title?
" (a) The term shall hove. the meaning gieen to F.,nch term
by section 1 of the Act entitled 'An Act? to provide for the. disposal of
certain records of the. United States Government', pproved July .7,
194.3 (57 Stat. 350, as amended; 44 U. S. C. 360) ;
"(b) The term 'records center' menus an establishment maintained
by the Administrator or by a Federal agency primarily for the stor-
age, servicing, security, and processing of records that must be prti-
served for. varying periods of time and need not. be retained in ,office
epipment and space;
"(c) The term 'servicing' means making ?available for use infor-
mation in records and other materials in the custody of the
.t_dininistrator?
" (1) by furnishing such records or other materials, or infor-
mation from such records or other materials, or copies or repro-
ductions thereof to agencies of the Government -for official use
and to the?puhlic ; and
"(2) by making and furnishing authenticated or imauthenti'-
eated Copies or reproductions of such records am:Lother materials;
"(d) The term 'National Archives of the United States' means
those official records that have been determined by the Archivist to
have sufficient, historical or other value to warrant their continued
preservation by the' 'United States Government. and have been accepied
by the Administrator for deposit. in his custody;
"(e) The term 'unauthenticated copies' means exact copies or repro-
ductions of records or other materials that are not certified as such
under seal and that need not be legally accepted as evidence; and
"(f) The term 'Archivist' means the Archivist of the United,
States."
Sao. 7. The Federal Property and Administrative Services Act of
19-19 is further amended 4, --
? ( a ) striking out the word "and" preceding "(2)" in subsection
(d) of section 3 thereof; substituting a semicolon for the period
at the end of said subsection; and adding. at. the end of such
subsection the following; ,"arid (3) records of the Federal
Government.";
(b) striking out, in section 203 (a) thereof, the expression "and
V", and inserting in lieu thereof the expression "V, and. VI";
(c) striking out, in section 203 (b) thereof, the expression
"and V",.and inserting in lieu thereof the expression "V, and
VI"; ?
(d) striking out the word "and" at the end ofparagraph ($0)
of section 602 '(a) : striking out the period at the end of paragraph
(31) of section 002 (a) and inserting in lieu thereof a semicolon;
and adding at the end of section 602 (a) the following new
paragraphs:
Approved For Release 2002/02/19 : CIA-RDP86-00895R000100060001-7 ?
Approved For Release 2002/02/19 : CIA-RDP86-00895R000100060001-7
i1111y;17 aed '
t ((stab() ?-H,?
S. C. (). (0;!, 3e( : and (1(.e1;
? 1!1. (.H 11.22.412.1.,
?=(33) section 1 of the Act of February 3, i(P5 (33 Slat. 0c.',7?,
as amended ; S U. S. C. 7I):'
(e) amending subsection COO. (b) and (c) thereof to read as
fol lows : ;
"(b) There are lierdly superse(1.((-1.?
"(1) the provisions of the first, third, and fifth paragraphs of
section 1 of Executive ardor Numbered 01.0G of ,iftr./e .10,1933,
insofar as they relate to any function now ad mini ,ee(rcel by the
Bureau of Federal Supply except functions with respect to stand-
ard contract forms; and
"(2) sections 2. and 4 of the Act. entitled 'An Act to provide.for
the disposal of certain records of the United Steil es Governmeit',
approved July 7; 1943 (57 Stat. 351, as amended: 44 U. S. C. 307
and 369), to the extent that the provisions thereof are inconsistent
with the provisions of title V of this Act.
"(c) The authority conferred by this Act shall be in addition and
paramount to any authority conferred by any other law and shall not
bo. subject to the provisions of any law inconsistent herewith, except
that sections 205 (b) and 206 (c) of this Act shall not be applicable
to any Government corporation. or agency which is subject to the
Government Cor)enition Control Aet (59 t It 7 1 1,1 C C.'. 81.1)."
(f) amending paragraphs (17), (18), and (19) of section 602
(d) thereof to read as. fellows;
"(17) the Central Intelligence Agency;
"(18) the Joint Committee. on Printincr, under the Act entitled
'An Act providing -for the publie printlug and bindire, and the
distribution of public documents' approved January 12, 1805 (2.8
Stat. 601), as amended or any other Act; or
"(19) for such period, of time as the President may specify,
any other authority of any executive agency ?vciiiell. the. President
determines within one year after the effective date of this Act
should, in the public interest, stand unimpaired by this Act."
(g) striking outfhe period at the end of section 603 (a) thereof
and inserting in lieu thereof a COMIlla and the following: "includ-
ing payment in advance, when authorized by the Administrator,
for library niembeiships in societies whose. publications are
available to members only. or to members at a price lower than
that chaegecl to the general public."
SEC. 8. (a) Subsection 3 (b) of the Federal Property and Adminis-
trative. Services Act of 1949 is amended to read as follows:
"(b) The term 'Federal agency' means any executive, ao.ency or any
establishment, in the legislative or judicial branch of the Government
(except the .Senate, the House of Representatives, and the Architeet
of the Capitol and any activities under his direction)."
(b) Section 201 (b) of the Federal. Property and Administrative
Services Act of 1919 is amended by striking out the expression "or the
Senate, or the House. of Representatives,".
(c) Section 002 of the Federal. Property and Administrative Serve
ices Act of 1949 is amended by ndesignating subsection. (e) thereof
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Approved For Release 2002/02/19 : CIA-RDP86-00895R000100060001-7
15
(f)., ard 1 iionaaliaL!y L;4,
lju :
-ke) No provion 01 \tct, ill