AMENDING THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949

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CIA-RDP86-00895R000100090002-3
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January 31, 2002
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July 26, 1950
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Approved Fo~lease 2002/05/07 :CIA-RDP8~ Ueion Calendar Na 973 81sT COxaxES6 i HOUSE OI' REPIi.ESENTATIVES J RErox~r ?~d Session f 1 No. 2747 AMENDING TI3E FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OI' 1949 .Tnz.~r 2fi, 1950.--Committed to the Committee of the Whole Z3ouse on the State of the L'nion and ordered to be printed Mr. DAU'SON, from the Committee on Expenditures in the Executive Departments, submitted the following REPORT [To aocoznpany H. R. 9129] The Committee on Expen.d,itures in the Executive Departments, to whozzz w:ts referred the bill (H. R. 9129) to amend. the Federal Property and Administrative Services Act of 1949, and for other pur- poses, having considered the same, report favorably thereon with a.zx~endments azzd recommend, that the bill d:o pass. The amendments are as follows: Page 1, line 8, after the word "Printer", insert a comma. Page 1, line 9, after the word "issue", insert a comma. Page 7, line 4, strike "transfer" and insert "transferred". Page $, line 8, after the word "security" stripe the period and insert: 1?rovided, That such determination shall show that the total cost (rentals, repairs, alterations, and improverrients) to the (sovernment far the expected life of the lease shall be leas than tkte cost of alternative space which needs na such repairs, altera- tions, or improvemetxts. Page 14, line 18, after the word "appointed", insert "by the". Page 15, line 25, strife "Administrator" and insert "Commission". Page 16, line 7, after the word "societies", insert a comma: Page 16, line 13, after the word "time", insert a comma. Page 16, line 25, after the word "branch", insert a comma. Pago 17, line 4, after the word "Representatives", strike out the period and insert ", respectively." Page 26, line 12, the first word "Title", should be extended to the full margin. Page 30, line 2, strike the apostrophe after the word "Government". Page 30, line 16, after the word "Goverzzmexzt", strike the quotation and semicolon and insert "."; " ? Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For lease 2002/05/07 :CIA-RDP86-00890100090002-3 2 FEDERAL pROI'ERTX A,],VD ADMINISTRATIVE SERV].CES AC'T P:a~ge :31,, line 7, after ``1124'.', strike the semicolon.-and insert a corrima. Page 31, line S, after " 300c-k", stril~e the scmicolorr axxd insert Page 32, line 11, stri.l:e "or". Page 34, line 12, aftex? the word "Administrative", insex?t "Services"_ Page 35, line 2, after "1949", insert a c~rxx~na. Page 35, line 2, ctifter the word "repealed", irxsc.rt a comma. G111V]17iAT.. ST_1TEMENT ? The primax?y objective of R. R. 9].29 is to round, out existing authority of the General Services Administration in the field of Government records management. Jt accords with specific .recom- mendations of the Commission on Organization of the Executive Branch of the Government. The proposed legislation. is designed to cut down the cost and qura,ntit;y of Government paper work. This measure also incorporates certain clax?ifying and technical alxxendments relating to other statutory duties of. the General Services ;ldxninistration which are considered necessary for more efficient performance of those duties. The urgent need for a, comprehensive and effective program for records management is made plain by the (ridings and rccoxnxn.enda- tions of the Commission on Organization aricl the report of its Task Force on Records 1la.nagement. Today in the Federal Government the handling of paper, work in the conduct of public business is enorxxr.ous, complex a,:nd costly. 'l~he Bureau o# tl~.e Budget reports that in the District of Columbia alone the Federal Gov~crnment. owns ox? leases in excess of 30,000,000 square feet of space; about 5,000,000 square feet, or 1.633 percent of the total,, are taken up by files. When it is considered that nine-tenths of the Federal employees are in field assignments, in some 40,000 oilices throughout the country, th.e 'ma,gnitucle of the files problem is readily apparent. In the large cities of our Nation, wkrere many Federal oIJ'ices are located, the records management problems are almost as acute as those encountered by the Federal Government in the Cti asb,- ington area. Lack clay sees large additions of material to the: present tremendous accumulation o! Go ~-ernment files. Seven, to ten carloads of paper stock arrive daily at the Cxovernznent Printing O1T-ice. In large part, this paper is prepared fox? the requv-e- ments of tkxe various Governmental agencies. Fcdar?al agencies use an estimated 100,000 forms; 80 to 95 percent are specific agency forms; tb.e remaining 5 to 20 percent are standard forms. Clearlp this field oilers a vast opportunity for stan.da.rclization. To acl.d to the output of forms of the Government Printing Office, 800,000 Govcrmment typewriters daily produce myriads of letters; the xnimoegraphs, xnu.ltigraphs, and otb.er machines nxal~c millions of copies of Go'yex?nment documents, forms, contracts, encl. other papers. Clippings from newspapex?s, magazines, and other periodicals add to the great mass of matex?ia,l wlxich goes into the files. 1~he Bureau of the Budget cites this stx?il~ing hypgtli,etical example from the Veterans' Adrnin.i.stration. That agency has 20,000,000 in- dividual f.lc, cases or folders. Zf one sheet of paper were to be added Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEDERAL PROPERTY AIVD t1DiViL1TISTRAT'IVE SI+:RVICES ~i:CT 3 to each folder, 40,000 reams of paper ~-ould be usad., or aboxxt 80,000 inches (6,600 feet). In other words, more than amile-of file spa'ce' would be x?egilired merely to adcl one sheet of paper to each veteran's folder. - ,~ number of .agencies besides the ~reterans' Administration have incli.viclual cases that run. into the millions. .After ~"orld Wax IZ, the President in .recognitaoii of the need to establish a Gover.nn:xcnt-wide ;r, eco.rcls prograrrx, issued Executive Order No. 9784 on September 25, 1946. This Executive order requix?ed that tlxe head of each agency cstabl.ish and, maiiita,in an active an.c1 con- tinuing program for the successful management and disposition of its records. In 1945, tkie Commission on Organization Task Force oxi Records Management, in, studying and surveying the records manage- ment problem of the entire Government, urged in substance the following recommendations: (1) creation of a central staff and service agency with responsibility for leadership in the field of records manage- ment; (2) enactment of a new FecLeral records management law to provide for the more successful preservation, management, and d~s'posal of Govermnent records; and (31 establishment of an adequate records management program in each department and agenc;~: The Commission on Organization in its report to the Congress in 1949, a,pproaed the views of its tasl~ force. 'l hereafter, (congress enacted the Federal Propex?ty and. I~dministrative Services Pict, which established the General Services ~ldministra,tion and. transferred to it, among other things, the National Archives 'Establish.m~?,nt and authorized the Administrator to make stuveys of Cxovernmerrt records and records xrxauagement activities and to obtain reports thereon. This bill fully implements the recoxnmenclatioxxs of the Commission on. Organization of the Executive Branch, of the Government by defixxi'ag the responsibilities of the Administratox? in tLxe field of records managerrxent a,ad b_y specifically authoriziizg him to establish and operate records centers. It also requu?es the head. of each Federal agency to establish a.rid maintain an active, cozitinuing program for the economical tl,iid efficient xrian.agennent of the ageiicST's records and to cause to be made and Dept adequate records of the functioning a,nd transactions of toe age'o.cy--a requirement that heretofore, except in specific cases, has been lacking ixz the Federal statutes. The Administrator, under the proposed legislation, could,, by the issuance of regulations, guide all Federal agencies in inaugurating or extending esi.stin.g programs for reducing the cost of mainta'ini'ng the tremendous quantity of records now in existence and being created by the .l+ederal Cxovcrnment. This problem of the quantity of records xequires action on at least two fronts: (1) th.e prompt anal orderly disposal of records of temporary usefulness and (2) the. tx?ansfer of records that ,rxeecl not be retained in office spaa,ce and equipment to less costly records-space and storage egliipme:n.t. The first three sections of the proposed, legislation deal with ameiid- xxxents to section 109 of the Federal Property a,nd, Adnxi,nistrative Services Act of 1949 relatiri~ to the General Supply Fund. Tho amendrrxents, among other th~.xags, provide for the elimination of the surcharge, as recommended by th.e Coxxinri.issio.n. o.ri Organization of the Executive Bra.n.ch of the Government with, respect to supply activities. .There is also added a aew subsection ,(g) which authorizes the Administratox? to charge vendors and producers of commodities i Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For lease 2002/05/07 :CIA-RDP86-0089~D0100090002-3 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT" t testing fees which, in turn, would result iIx the establishment of a qualified products list. Section 4 authorizes the Administrator to make donations of surplus property fox public health purposes. Under Public Law 152, Eighty- first Congress, the Administrator is authorized to make donations of such surplus property to educational institutions. Tn the case of real property, the Administrator Ixow can make donations for both educa- tional and health purposes. The effect of the provision in section 4 is to place education and public health on a par with respect to .the donations o# surplus personal property.. Section 5 0# the proposed legislation incorporates into the Federal Property and Administrate Services Act of 1949 certain substantive provisions of law which in the past have been included in. annual appropriatioxx acts relatilxg to the maintenance, operation, anal protec- tion of public buildings, property or grounds situated in or outside the :District of Columbia, and including the construction, ropair; pres- ervation, furnishing, and equipment thereof. Fox some time the Congress and the Bureau of the Budget have advocated a program for all agencies to incorporate into substantive law provisions whlch have been carried in annual appx?opxiation acts. Section 5 also includes a provision entitled "Motor Vehicle Identi- fication." The purpose of the provision is to extend to the field . service of Federal agencies tho requirexxxe'rit #ox? identification of motor vehicles acquired and used for official purposes. Under present law (sec. 4 of the act of February 3, 1905, 33 Stat. 687, as amended by the act o# August 2, 1946, 60 Stat. 811; 5 U. S. C. 77) identification Is required only for those vehicles acquired anal used for official purposes in the departmental servico in the District of Columbia. Various agencies and departments now require id.entificatio'a by administra- tive x?egulations, but such regulations a'r?e neither uxai#orm nor com- plete in application. This sectioxl would authorize the Administrator to issue regulations requiring identification of all motor vehicles acquired and used for official purposes within the United States and its Territories anal possessions by any Federal agency. Exemption from the requirements o# this section could be provided for i'n. sllch regulations when conspicuous identification of a vehicle would illter- fere with the purposes for which. it is used, such as in the case of the Central Intelligence Agency, the Federal Bureau of Investigation, Treasury enforcement officers, and Immigration. border control. Section 6 of the proposed legislation amends the Federal Property and Administrative, Services Act of 1949 by inserting a ne~v title, namely, title V, Federal Records. The provisions of tittle 5 with respect to records matters fall into four general categories, namely: (1) those irx the nature cf perfecting amendments required to Insert the new title in the Federal Pro~~erty and Administrative Services Act of 1949; (2) those designed to provide a permanent statutory charter for activities now autho.~?ized by language appeaxixig in annual a~apropria- tion Fcts; (3) those necessary to xetam desirable provisions of existing law in their original, or Fmended form; and (4) those providing new authority with respect Lo records management and archival . ad- ministration. The proposed legislation. provides #ox continuing the Natioxial Historical Publications Commission with a different and enlarged Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEDE PROPERTY A1VD ADMINISTRATIVE SERVI ACT rj membership and with some extension of duties. Provisiou .is .also made for a small staff to be appointed by the Commission. It provides for the establishment of a Federal .Records Council as an advisory body to the Administrator, its -membership to be drawn from the legislative, judicial, and executive branches of the Government. The remainder of section 6 continues in effect desirable provisions of existuig law with respect to archival administration; authorizes the Administrator to exercise staff and coordinating ftnctions with respect to records management, ilicludin~ the establishmor~t.of records centers; an rT equii~S .Fecioral i~gencies to make proper provision with respect the creation maintcnaxt e, and d' p _ to ~ - _`~ clattons of the ecords' '_ ~ _.. -While th:e essential recotximen ~ Groinmi.ssion on Organ- ization of the Executive Branch of the Government with. respect to the performance of staff functions and the coordination of records management programs in Federal agencies by the Administrator are implemented by the provisions of the bill, the individual agency is not divested of functions in which it has the primary interest and for which it should have prixnaz?y responsibility. It is w to em h "ze that records come into existel~c~, oror sue. _ o so~not in or to filing ca Inets or occu floor s ace or even to sates t e archival uiteres s o is ~ and~u~e mgenerattons gut .essen Ia ,o. sexuE the minis ra Ive axicl executive ~urp_oses o~_ the Government organizatio~~ w iiTaT~ crea~es~ tli~zza,. ~~ `There isdanger that this simple, self-evident ac may e os or lack of exuphasis. The measure of effective records management sh.ottld bo its usefulness to the executives responsi- ble for accomplishing the substantive purposes of the Government organization. Th.e value of records comers in reducing the cost of maintaining records has been amply demonstrated by the experience of the De- partment of Defense anal several business corporations. Records centers utilize space and equipment less costly than that required in office operations and, in adda.tion, they provide a control that fA,cilitates the disposal of material no longer needed. It is estimated conserva- tively that of the 20,000,000 cubic feet of records in existence, at least 2,000,000 cubic feet n.ot now in records centers should be transferred to such facilities. Your committee,is of th.e opinion that the authority given the .Administrator to establish, maintain, and operate records centers will result in an annual saving of several million dollars. The Citizens Committee for th.e 1:-Ioover Report has given strong endorsement to this legislation. In coxnmunicatians to your com- mittee the Citizens Committee has stated: The hill now being presented to the Congress by your committee, if acted upon favorably by the Congress, will represent a 100-percent adoption of the letter as wel'1 as the spirit of the hoover Commission's recommendations in the ianportant field of k'ederal Records Management. 1VIi?. Em.mott J. Leahy, who was the Director of the Hoover Com- mission's Task Force on Records Management, has added his un- qualified endorsement of this measure. These letters of approval, together with communications from the Bureau of the Budg?t a~n.d the Comptroller General of the United States urging favorable consideration of H. R. 9129, are carried in this report. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo lease 2002_/05/07 :CIA-RDP86-0089 0100090002-3 (j- F'EDE PIiOP~FiT~ ANn ADMJ:IVISTRATIVE SER~'I ~ AC1 CONCLUSIONS Your coxumittee has given careful study to the px?oposed legislation and is unaz~imocrs.in ar?ging its enactment. The Citizens' Cozxa.mittee for tlxe I1oo~rer Report, expe:r?ts in .records management; and the Bureau of the Budget, the Coxnptroll.er General of the. United States, a,nd the General Services Administrator are. all in f?ll accord as to the zaeed and importa,uce of this xncasua:?e. H: R. 9129 will result in a more orclcrl7- anal efficient administration of the x?ecorcls of Federal agencies a,ncl mill facilitate the perfo.rxnance b;y the Aclzriinistr?ator of his functions with. respect to supply and building managernen.t . a,cti.vi.ties: It is evident tb.at substantial economies ~~`ill be ell'ected by I;he enctictmerLt of I~. R. 9129. SEC~rxoN-x~~--SrcmxoN ANALYSTS or I3. II. 9129; JL:LV 1.7, 1.950 Section 1 modifies section 109 (a) of the Federal PropertiT and Administrative Services Act of 199, by enlarging tkr.e availability of the gexxeral supply fund .to provide for the purchrl,sE: from or thx?ouglx the I'-~a.blic Printer for ~cvareh.ouse issue of stazicla.rd forms, blanl~=boo1~. worl~, st;ancla.rd specifi.c~tion.s, and other :I?riilted, materials n.ot a,v:,il- able Lhrough the S-aper.~ixxtcndent of Documents and genc~rully -~zsed by a n'arnber of I'celeral a;cncies. Section 2 (a) zxxoclifies section 1.09 (a) by subst:~;ntially elimi- nating the surcliarge. on general supply f-und transar.,tions axzeL p.ro- vicles for ch,argi,ng x~equ~srttoning agencxe;s only- with the pux?ch,l,se p~~ice, transportation to the first storage point of supplies and sex.vices, and dzrect. labor, costs for, the repair, rchablitatron, and con~~ersron of personal property. Section 2 (b) coxrstitutes a modification of section 109 (b) and fixes the applicable sta~rxclard for pricing general. supply fund com- zn.odities brz,scd upon tlrc purchase pace, initial freight expense, inventory losses, personal services employed directly in repair, reh.abili.tation, and conversion, and a,morttzation atrcl reparx~ of equip- ment lEe,sed or rented to executive agencies. SeCtlOn 2 (c): The fi,xnendments provided for under sections 2 (a) . and 2 (b) above will be effective only ~c~-hen tb.e Adrninista?ator de- termines that adequate appt?opriatioais are a~Yrtiilable to carr,}~ out the purpose of such a,,rnendxnents. Section 3 (a.) : Section, 109 (b) is modified to provide fo.r the reim- bxuseanent to the General Services Administ.ra.tion, 'where. an advance of funds is not xn.a,de, oxz.t of funds of the requisitioning agency in accordance ~svith accountizzg procedures approved by the Coanptroll.er General rather than, as is proviclecl by existing law, on vou.ch.ers prepared by the requisitioning ::agency on the basis of iterrtized invoices subznitLecl by the Administrator and receiving reports evidencing the delivery to the requisitioning s,gency of such supplies or services. The section is further rnod.ified so that ?cc-here the requisitioning agency shall not have made payrrren.t within 45 days after the date of billing by the Administrator or. the elate on which an actual liability for supplies or services is incurred by the Administratox?, whichever is the later, reimbursemexrt may be obtained by him by the issuance of transfer and counter-warrants ox? othex? lawful transfer documents supported by itemized invoices. 'The px?esent law does riot include Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approve~I~,QQ2,~~~/(~~~,~C;I~~~~$~-81~(~~~0009~002-3 reference to the date on which an actual liability for supplies or services is incurred by the Administrator, or. to other lawful tr:-xnsfer clocumonts. Section 3 (b) adds to the I+'ed~ral Property and Administrative Services Act of 1949 this subsection (g) a.uthor?lzing the establi.shrnen.t of a, testing charge to be paid by prospective vendors to cover? a,ll costs iri connection with the testing of such commodities. Siu;h testing fees ~ccroulcl be covered into the General Supply Fund and upended directly therefrom without appropriation. The comznittec expects these tests to be predicated maiazly on performalxce staaldarda generally accepted by .private e.r,rterprise so that srrzall business will h.a,vc a, ger>,ater' opportunity to sell tb.eir products to the Govermnent. Section 4 modifies section 20.3 (j) of the Federal Property and Ad- ministrative Services Act of 1949 by providing that the Administrator is authorized in his discretion to donate `~?ithout cost surplus equip- ment, ma.teria,ls, books, or other supplies for public health purposes, including; research, in ailditi.on to ecLucatiolzal. purposes as presently provided for. Section 5 provides .fox' t}le re(lesign:z,tion of section 210 of the act as section, 212 and th.e iuscrtion immediatclq after section 209 of new sections numbered. 210 and 211. Section 210 (a) is intenclecl primarily to incorporate into the Ferlcral Property and Aclministra.tive Services Act of 1.949 certain substantive provisions of la-cv which for na.any years past lave been included in annual appropriation acts relating to the m:i,ixxtenarxce, operation, and protection of public 'buildings, property, or grouzzds situated in or outside the District of Colurrl.bi,a, i.rzcludi;izg tube construction, repair, preservation,, furn,i.shin.g, a.nd equi.prnent thereof. It is part of an oven-all program conducted by tll,e General Accounting Uflice and the Bu:rca,u of the I3uclget at the instance of the house Appropriations Committee to remove frou~ appropriation acts certain lirnita.tions and other. substa'(ltive legislation. Specifically, subsection 1 of section 210 (a) authorizes the purchase, repta,ir, and cleaning of uniforms for civilian employees of th.c. General Services Administration cvho are required by l.aw or ,r.egulations to wear uniform clothing. Szibstaaitially similar authority lras been included ixz the Inde.pendexrt Ofpa.ces Appropriation Act each year since 1928. Subsection 2 authorizes the furu.isbing of a.r?ms a,nd, a,mmt.lnition for the protection force maintained. by General Services A(ministration. Ibis authority has also been contained in the Independent Offices Appropriation Acts for many years. Subsection 3 authorizes the payment of ground rent for bui,ld.ixrgs owned by the United States or occupied by Federal ageaa.ci,es and. per- mits the payment of such rent in txdvance when required by law or when tb.e Aclrninistrtl,tor d.etermine.s such action to be in the public interest. Somewhat similar a,uthorit3~ has been included in the past in. the Independent Offices Appropriation Acts tivith respect to the payment of ground rent in advance. at specific. locations. One of these involved the payment of ground rent to an Indian tribe where a treaty with the United States required the payment of such rent in advance. The broadened authority contained is subsection 3 wi1T enable the Administrator to take advantage of any offered economics which may be effected through. the payment of xent in advance rather than at the end o# each xental period. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 App~oved For lease 2002/05/07 :CIA-RDP86-00890100090002-3 FEAE PROPERTY AND ADMINISTRATIVE SERVI ACT Subsection 4 relates to the payment of per diem rates to personnel employed in connection with the fzz,nctions of operation, zxaainten.ance and protection of property. Such, rates may not exceed rates cur- rexztly paid by private industry foz? similar services in the place where such services are performed. As in the preceding subsections, substantially similar authority has been included. in the annual Inde- pendent Offices Appropriation Acts. This subsection is intended pri.nxarily to meet emexgezzcy situations where it is necessary to have personnel for brief pex?iods of time to repair damage, or to perform oth.ex work, where the exigencies of the situation. will not permit resort to the Civil Service Commission registers ox to the performance of the work by contract. Subsection 5 exempts from the 15 percexxt rental provision and the 25 percent alteration., repa,ix and. improvement limitation imposed by section 322 of the act of June 30, 1932, commonly knowu as the. Economy Act, leases entered into by or transferred to tla.e GencraI Services Administration for the houszng of any Federal agency which, oxz June 30, 1950, was specifically exempted b law from the require- ments of such section. An example of such uses are those entered into by the ~reterans' Administration which, under a specific act, were prior to July 1, 1950, exempted from such regzzirements. Under Reorganization Ylan 18, some of these leases have been transferred to General Services Administration. The additional authority contained in subsection 5 is necessary, therefore to preserve the status quo and. to permit operations under the leases which, in a number of instances axe more advantageous to the Goverlunent than would be new leases. made subject to the requix?ements of the Economy Act. Subsection 6 autharizes the General Services Administration to obtain payment, through advances or otherwise, fox services, space, quarters, maintenance, repair, ox? other facilities furnished on a reirxx- buxsable basis to any other Federal agency or any mixed-ownership corporation or the District of Columbia and to credit such payments. to the applicable ap.propriati.ons of the General Services Administra- tion. As in the preceding subsections, substantially the same author- ity has been corita,inecl in Tndependent Offices Appropriation acts for prior years. Subsection 6 `broadens the authority to include `any wholly owned or mixed-ownership corporation. Frequently, when requested to perform such services oz? to render other assistance pro- vided for in the subsection, General Services Administration does not have funds available for the purpose but the requesting agency does. Therefore, the authority is necessary in order that th.e General Services Administration may perform the functioxz. Thereafter, if the assist- ance requested is of a, continuing nature, the General Services Admin- istration requests tb.at the necessary funds be included in its budget- Tzz subsection 7 provision is made for the maintenance, repair, and the payment of any obligations arisixxg in connection with the pneu- matic tube system connecting buildings owned by the United States or occupied by Federal agencies in New York City. As in th,~ preced- ing subsections, substantially similar authority has been included in tla.e axunzal appropriation acts for many yeaz?s. Under the franchises pursuant to which the system was installed and under which. it is maintained, operated and extended there are certain obligations on the part of the Government. Since this system is essential to goverxz- mental activities in New Yoxk City and will continue Lo be necessary, Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEAERAL PRpYF:ItTY AND ADMINISTRATIVE SERVICES ACT Q it is desirable that its operation, maintenance, and extension pursuant to the franchises be sanctioned by permanent law. Subsection 8 is ne'w insofar as General Servioes Administration is concerned but is essential to enable the Administration to utilize to the fullest extent leased promises. Tt would exempt from the 25- percent lixn.itation of section 322 of the act of June 30, 1932, commonly known as the Economy Act, as amended, the repair, alteration, and improvement of rented premises where the Adminis- trator determines that the execution of such work, without reference to such limitation, is advantageous to the Government in terms of economy, efficiexicy, or national security. Tt is believed that the sec- tibn will promote economies and security and that it is surrounded by sufficient safeguards to prevent its abuse. Subsection 9 authorizes the payment of sums in lieu of taxes on real property declared surplus by Government corporations pursuant to the Surplus Property Act of 1944, where legal title to such property remains in any such Government corporation. As in the case o# many of the preceding subsections, substantially similar authority exists ~n appropriation acts relating to tb.e former War Assets Admin- istx?atiou, the functions of which are now vested in the General Services Admiiiistratioxi. When. real property owned by a Government cor- poration, such as RFC, is declared surplus legal title x?emains in the corporation unless it is conveyed to the United States or sold to out- side interests. It has boon th.e practice in the past for Government corporations to pay sums in liou of taxes on real property, title to 1'Vh1Ch rests in them as distinguished from the United States. Tt is believed advisable to continue this authority insofar as the inventory of property declar, ed surplus under the provisions of the Surplus Property Act of 1944 is concerned at least until such time as title to the property vests in tli.e United States. It should be pointed out that this authority applies only to real property declared surplus under the Surplus Property Act of 1944, which wzth certain inappli- cable provisions, was repealed effective as of June 30, 1949. This means that the authority would not extend to any properties declared excess or surplus on or after July 1, 1949. Subsection 10 is another reenactment of substantive .law x~ow ap.- pearing in appropriation acts. It authorizes .the Administrator. to furnish utilities and other s?rvices to persons, firrx~s, or corporations occupying or utilizing plants or portions of plants which constitute a part of the national industrial reserve pursuant to the National Industrial Reserve Act of 1948 or other surplus real property. These plants usually aro vory large and subject to the national security clause. Tla.ey usually contain such features as a central heating plant and sometimes have their own facilities for furnishing electric power. 'T'hey also sometimes have their own sewage and water facilities. In a number of instances they are leased on the basis o.f multiple occu- pancy. For this roason, it is frequently impracticable to have the ua.dividual tenants install their own utility sorvices. .It is therefore often to. the. advantage of the Government, .from tho standpoint of increased revenue or from the. benefits to be secured in the way of maintenance and protection, to have the. Government furnish the utility service on a reimbursable basis. The National Industrial Re- serve Act of 1948 apparently contemplates that the program author- ized thereby will bo as self-sustaining as possible, the~?eby limiting H. Kept. 2747, 51-2-2 Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For lease 2002/05/07 :CIA-RDP86-00890100090002-3 XQ 1+RUR:tZAL PROPERTY AND ADMLNTSTRATI~rL SER~'xCES AC'T the a,ppropriati.ons tivhich the Congress is requu?ed to malte. Su.b- staxitially similar authority to that corxtainecl in (_~.) is px?esently em- braced i,n annual :zpprop.rxatxon, acts as is the proviso of (B) perxnxttirxg the crediting of tb.e arn.ouxxts received in payment for such utilities to the applicable :i,ppropriation of the Gexzeral Sea:~~~ices Aclmiixistra- tion. This subsection will, not per~xx.it the Cxovernment to, compete with private enterprise in comm.unicatior~ or other utility services because the authority may not be exercised ~c-here the services are actually being provided by private. sappli.ers. Subsection. 17. pez?m..its th.e Secsretar~~ of 17efense to clir?ect th.e u.se of proceeds received by th,e United ?States from insux?a,n.ce :xga.ixxst damage to properties in the 1ational Industrial Resex?ve, for the repair or restox?ation of the damaged properties. Frequently plants in tlxe Nation:a.l Industrial Reserve ax?e leased with the requirement tb.at certain t_~-pes of insurance be ma.int:a,ined b~- the lessee for tlxc benc,[zt of the UnitecL States. As px?eviously sta.tcd it is 'believed that the Congress.in enacting the National Inclxistri.al Kesex?ve Act of 1948 intended that the program authorizecL tlzerebv should. be a,s self- sustaining as :possible. However, the Conxpta~oller General has ruled otherwise wibh respect to ixasuran.ce proceeds a.nd at the present time proceeds are being cteposi,ted into the Treasury as mi.scellaxxeous receipts and arc, tlierefo,re, unrx,va,ilable. for the repai.x? of. d.txina,ge. It is believed to be to th.e advantage of the Goverrxm.erxt to have the proceeds of such. insurance available for restoration of damage. Subsection 12 is not new and. max- be found in a more limited form in other permanent legislation. It is believed advisable. to broaden and more clearly define the autl~.ority of the Administrator to acquire land or interest therein when authorized by subsequent acts of tlxe Congress. . It will help in obtaining more effective utili.zati.on of plants in the ~ ational Jndustrial Reserve and otlxer surplus industrial facilities. Section 210 (b) may be considered as an extrusion of the provisions o# the Economy Act of 7.932. Tt authorizes the Acbninistratox?, at the request of axzy I+edeiral agency, or any mi~ecl-ownership corporation., or the District of Columbia, to operate, maintain, and protect any build= ing o>?ned by the United States, or by a wholly owned. or mixed- o~vnership Govern.xxa.ei~t corporation and occupied by the agency or instrumentality xna,lirxb such request. An example of the need. for a provxsiop such as tlxi,s is the recent request that the General Services Administration take or:er the opex?atioxz, maintenance, a'rxd. protection of the building ox? buildings n.ow housing the LYnited States District Court for the District of Columbia. At th.e present time, not less than four ixistrxunentalities of tb.e Government perform these functions, with th,e result that considerable confusion, etists. This provision clarifies the authority of General Services Aclministr~tion under the Economy ,:~.ct and likewise includes wlxolly owned a.ra.d rnixed-owner- ship corporations and the District of Columbia, ~-hich a,re not covered by the Economy Act. Section, 210 (c) may also be considered as an extensioD, of the Economy Act as well as the provisions of the act of June 25, 1910 (40 U. S. C. 265), as amended. Tt also applies to wholly owned and Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For lease 2002/05/07 :CIA-RDP86-008900100090002-3 P1;Dk7]~AI. PROPERTY A1VD AI7rixI\ISTPATI.VE SERVI a S ACT 1]. miy:ed-o~~rircrship corpora,tioa~.s and to the District of Columbia, wlricli the Fconoiny Act and the act of Jruze. 25, 1910, do- xrot: 1^ the past, there lia~'~e beanxxasta.n.ces tivher:?E: tlzc Congress has appropriated funds for tb.e acquisition of land anal. tlic. construction of buildii~.gs to age'n.ci.es other t;ha,n the General Sear, vices Admiuistratio:cx, with th.e p:r?ovi o that a:ll of such appropriated funds necessai~v for the acclui.sition of sites acid the construction. of buildings shall be Vtra:osferred to th.e Ge,n.eral Ser,?viees Aclmi.i~stratiou. These provisions have been ixielucled in appropriation acts. The enactment of sectioix 210 (c) as permanent legislation wi.l.l elixnirk~;,te the necessity for ixiclusion of such provisions iIZ appropriatio.r.xscts. Section,. 3'10 (cl.) is necess;z'ry to remedy a con.di.t.i.on wlzicli. exir?,t~s in Reort_-,,.r:i.~.x,,fion flan No. 18 of 1950. Section. 2 of tb.tx,t pl~x!x tr;>,:~sfc~x;s all fii~,.cuons witlx respE:ct~ to the operation., .cna,ir:~.tenance, incl. custocl,Y (/r Ull~.(:!? I~txil`~LtA).~~ l~rh'llC.LL IJ.y LrlZ '~.A~Vj'Ei~~4iiiF':i~r. arxrA of O~LACi bin.Ai xn~,~s or pa,:rts thereof ac.gn.ired. by lease, ~1-itlz certain specified exceptions, from. the respective agencies in whiclx thexx vested, to the Ac:lrni..~.is- t:rator of Gen.erzl Sc,rvices. 'hbe pro~risions of the plan. took. effect on. Jnl.y 1, 1950. ~Jn.der one ii:itcrpretation. of section 2 of the plan, the transfi~.r of fun.ctaon.s is tzot continuing, but is a so-called o,n,e-shot propositiarx. Section. 210 (d) gives to the Director of 'tlr.e Btu?eaix o:F ,the Budget, ~vlien,ever he cleterix~.in.es such a,ctioa to be in the 'interest of econ.oiny and elricii?kicy, c~,utliority to t:ransfex? to the Aclmin,i.strator~ all functions vested in an.v other Fe(leral agency wi.t.ki respect to th.e operz?tiorz, xr..~~in.ten.an.ce, and cust.ocly of an.y oflice buildixxg owned by t:1_a.e Lr~.rtecl. States, or tiny ~tivh.olly o~~crn.ecl Government corporation cir aazv ~1Ticc building or part ishcreof occupied by any k'cder~til agency under an.y lease, n-ith certain specified exceptions. The enactment of this legisl:xtion gran,tang coxztirxuing authority to the Director of the Btrrea,.u of the 13uclget will permit flexibility and meet future e~ang- ing? conclitiotxs. Section, 211: This section authorizes the Adm-i.nistrator to rssue re~ul.?,tion.s regtxirin.g identification of all motor vehicles, acqurre.d axxd used for ofT'icial purposes with.irx the L:nitecl States, its'Terrztoric:s and possessions, b~t- any Federal agency or the Distr?ict~ of Columbia. This proti~ision provides a uniform system of icluntification in lieu of the various administrative systenr.s .now in effect i_r:x coxinectio,rx with iclen.tificmtion. of Govorninent-owned n~otoi? vehicles. The provisions of section 6 fall. within four general categox?ies, namely, (1) those in the n,atxzre of perfecting ame.ndmexzts requzred to insert in Public La.n- 152, EightjT-first Congress, the new title V--~.l~~edei?al Records, (2) tb.ose designed to provide a permanent statutory chartez? ' for actaviti~s now authorized by substantive language appearing in annual appropriation acts, (3) those necessary toretain d,esira,ble provisions of existing law ire tb.eir original, or amended, foam, and (4) those providuig new authority with respect to records management and archival aclmini.stration. Subsections (a), (b), and (c), and the introductory language of sub- section (d) precedixkg Title V-Federal Records, of section 6 are per- fecting amendments necessary to the insertion of a now title V in Public Law 152, Eiglxty-first Congress. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Forlease 2002/05/07 :CIA-RDP86-00890100090002-3 I2 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT Section 501 provides that title V of this bill may be cited as the "Federal Records Act of 1950". CUSTODY ANx)' CONTROL OF PROPEI.iTY Section 502: The first part of this section merely retains provisioxxs of existing law (44 U. S. C. 3004; Public Law 152, 81st Cong., sec. 104 (a)) relating to the custody and control of the National Archives Building and its contents. The second part provides the ~,dminis- trator `v~th the necessary authority to enable hixrx to design, construct, and, mairxtain buildings for the storage of records, including records centers as provided in section 505 (d). Section 503 (a) reconstitutes the present National Historical Pub- l,ications Commission with. a different and. an enlarged membership ixacludes representation of'th~ three branches of the Government axad the public, and also provides fox? staggering of the terms of the mem- bership. The existing authority of the Congress to receive proposals of the Commissions is transferred by subsections 503 (d) of this bill to the Admiza,i.strator, which is ono reason for including xepresentatives of the legislative branch in the Commission's membership. Section 503 (b) provides for the filling of vacancies on the Commis- sion in conformity tivith th.e staggered membership of the Commission. Section 503 (c) provides for the appointment of a staff far the Com- mission, for limited compensation fox members of the Commission representing the public, and for the reiixiburscment of all members for tx?ansportation expenses incurred in attending meetings. The Commission will be requu?ed to obtain funds for its activities through regular axaDUal appropriations by the Congress. It is contemplated by your committee that th,o Commission's staff will be kept small_ Section 503 (d) sets forth the duties of the Commission. The lan- guage used in the first four lines. appears in e~isti.ng law. The Com- mission's duties have been expanded, however, to include the proposal made by the President in his speech at the Library of Congress on May 17, ].950, to exacourage and assist private agencies iu collecting, editixzg, and publishing the papers of Americans who have made major contributions to .the development of our national culture. The last sentence of this subsection provides for transmission to the Admiuais- trator (instead of to the Congress as called for in existing law) of the Commission's plans, estimates, and recommendations. Section 504 provides for the establishment by the Administrator of a Federal Records Council composed of representatives, in the number determined by the Administrator subject to faxed milaixxaa, of the legislative, executive, and judicial branches of the Government, but xzot mox?e than ono member may be appointed from any particular Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEDE L PROPERTY AND An1VIINISTRATIVE SERVI S AC'T 10 executive agency. The Administrator is requu?ed to advise and con- sult with card Council in carrying out the purposes .of the new title V. The present National Archives Council would cease to exist by virtue of section 7 (d) of the bilk. Th,e new Council elects its own chairman and is required to meet at least once annually. RECORDS MANAGEMENT; THE ADMINISTRATOR, Section 505 (a): This subsection vests the Administrator with staf>' responsibility for coordinating and irriproving standards, procedtlres, and. techniques tivith respect to all three areas of records management in tkie Federal Croverumont--(1) the creation of records, (2) the Inaintenarice of current records, and (3) the retu?eluent and disposal of r?cords when no longer needed for current operations. In oath. area the Administrator rs directed to develop .improved practices and prorrxote thew adoption by all Federak agencres. Section 505 (b): Tlus subsection requires th,e Administrator to establish standards for the guidance of Federal agencies iIz determining the classes and types of records that should be retained and those that should be disposed of; and to assist agencies in the application of such standards. l:t also charges the Administrator with respoxzsibikity for assisting agency heads rn protecting the records of their agencies against unauthorized physical damage or removal. Section 505 (c) : This subsection continues existing statutory au- thority (44 U. S. C. 300c; Public. Law 152, $lst Cong., sec. 104 (a)) but provides a limitation with respect to surveying or inspecting records the use of which is restricted by law or for reasons of national security or the public interest. The power to inspect or survey, in person or by a deputy, enables the Administrator to obtain first-haxrd xnformatiori concerning records management problems and programs iu Federal agencies, in order that he may carry out the duties imposed ozt kiln by the provisions of this title. Section 505 (d) : The provisions of this subsection clarify and expaxrd the provisions of section 104 (c) of Public Law X52, Eighty-first Con- gress. The economies made passible through the establisb.ment of records centers for the maintenance of records which must be retained for varying periods of time which need not be maintained iu office space and oquiprrxent, have been amply proven by the experience of the military agencies and others during the last few years. The need foz? centralized facilities was emphasized by the Commission on Or- ganization and this subsection carries out the Cornxnission's recom- mendations. The subsection also contains a new provision authorizing the Administrator to establish, maintain, and operate centralized InI; crofilming services for Feckerak agencies. Section 505 (o) : This is a new statutory provision. The central staff responsibility for records maxiagerrxent placed with the Adrriinis- trator by this title makes it entirely logical that, except to the extent otherwise provided by law, authorrty tv issue regulations governing th.e inter-agency transfer of records should also be vested in the Adrninistx?ator. Section 505 (f): This is a new provision and the authority granted thex?ein is needed to meet changing needs and conditions in the applica- tiolr of disposal schedules. Under existing statutory authority, retention periods specified in all except general disposal schedules Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For lease 2002/05/07 :CIA-RDP86-00890100090002-3 ~,~ EEDEI3AL PROk'ERTY AND AD:NIL~ISTRATIVE SERVICE'S AC'T' are .mandatory. This subsection authorizes the Administrator to extend retention periods and to promulga,l,c regulations govcrnin,g the u-ithclrawal, o# disposal aut,horitr, in. order to meet changing conditions. li,rCOi~DS M.t~NAGPM~I:~'T: AGrNC'S' FIP.9a)S T.n veatiug prim.tii?y responsibility- for records m:a~xiagenient in the Administrator o# General Services, tlic committee clid riot intc,nd to relieve other Federal agencies o# their duties in tb.is field. On tl),e con- trary this section places squarely zzpon the.1)eral a,genc.ies and spells out the responsi- bilities of agen.c.,~ heads ~~-itli. respect to ,records man,igement programs. As floe (:'ommission on Organi?a,tion pointed out, many agencies paid only lip service to the Executive, order. Tl:ie providing o# a strx~tutory bads lox? agency records axira;nrtigemezzt programs sboa.dc! strengthen tlic~m iaxnzzeasixrab1y. Section 506 (c): 'l~bis szzbsectzon is new. It pr,o~ ides the cerrtrala.zed control of recoz~ds centers recommended by the C7ornm,ission. on Orga,ni- za,tion and gives a, statutory ba~si.s for the est:a,blishmcnt of centers as needed. if the agency can slh.ow t:Jza:t economy' and efficiency of oper- a.tioa~ can. best be served by permitting i,t to operate its own centers, the Administrator mny permit the agency to do so, but the Adzn.inis- tra.tor inav ri,lso establish centers under h.i.s own jzu-iscliction and receive in them the records of an.y Feclex?al agency. Section 5UG (d): This subsection continues cxzstzn.g autJlority con- tained in section 8a o# the National Archives 11et (44 U. S. C. 30U1i-1). Section 506 (e): This subsection requires h~acls of Federal agencies to pro~~ide proper safeguards for the protection o# records ui heir custody as rna,y be necessary and as may be required by regulali.ons o# the Aclminist.ra,tor, and to male these safeguards l~nown Co all such agency officials and employees. Section X06 (#): Thos subsection requires that heads o# Federal agencies cooperate with th.e. Administrator in ;protecting the records of theix agencies against unauthorized physical damage or removal. The Administrator's responsibilities in this area are defined in the second part o# subsection 505 (b). Section 506 (g): This subsection is designed to insure that the provi- sions o# title V will impose no limitations upon the exex?eise o# certain functions by the Comptroller General nor lessen the existing responsi~ bility of collecting and disbursing o$icers for rendition o# their accounts to the General Accounting Uffice. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved ~~pl~~e~~~~~~/(~~1$7Ann~`i~~~L~~~x~~~OA'~009gQ~02-3 Section 507 (a) .(1) provides for the acceptance of recor?cls o# the Government having sufficient value to warrant their continued preser- vation with the National Archives o# the. United States. It places responsibility on the Archivist to determine prof.essi,onally whether recoa:?d.s have sufficient value to warrant their deposit with the National Archiz-es. Section 507 (a) (2) authorizes the transfer, with the approval o# the originating agency, o# reco.r,?ds, deposited, or approved for deposit', w,i.th the National .!archives to public or educational institutions. This ~~-oralcl enable the 1ldmini.strator to provide fox? the loran or in.definitc transfer o# records under proper safeguards to State archival agencies or educational institutions. 'title to such records cvou.ld, however, remain vested in the United States unless otlerwise authorized by Congress. Section 507 (a) (3) authorizes the Adaninistra,tor to effect the transfer o#:rrxaterials from, private sources when acceptable for deposit under the p:r?ovisions of sxr.bsection (e) of section 507. Section 507 (b): This srbsection, zrral:es the Administratoa? re.spon.si- ble for the custody,. use, and withdrawal. of records transferred to hixn. Jt contai.ns four provisos respecting restrictions on the use o# records, three of ~vhic.h. con.ti.nue in substance previsions o# etiistinb law. "I:'he third. proviso is new. It px?ovicles . '1?or terminating ,:ill restxiction.s (referred to in this su.bsecti.on) after the records to wlaicb. they are applicable have been irr. existence for, 50 years uxxless otherwise cleterxnined by the Aclmixxistra,tor tvitb. x?espect to specific bodies of recorcLs. This proviso would, enable t.lre administrator to c:~tcnd the restricted period on a proper sl~.owin.g of need for such c~tcnsion, but ~~-ould otherwise provide a general repeal cl:a,use to statutory and other restrictions govern.in,g the use of records by scholars and the public generally-. Section 507 (c) continues in, substance the provisions of cYisti,ng l.raw x?especti.ng the secux?ity, rehabilitation, arrangement, reprodrwtion, a.nd description. o# records transferred to th.e Adrxrixxistx?ator. The pex?formance of th,e functions autliorizecL by its provisions is essential to efficient and economical archival a,d.rninistration. The lra.st pram o# the subsection permits the Aclministrra,tor to publish histox?ical n=orbs approved. by th,e National klistorical Publications Comnxission whenever he deems it appropriate. Section 507 (d) continues authority in c~istuxg la.w for. providing r~f~rence. service on, records in the custody o# the Adrninistra,tor. Section 507 (e) (1) is a .new provision that `vould make i,t possible for the personal papers and other personal histox?ical doc,urnc,rr.taxy materials (motion pictures, sound recordings, etc.) of the President and other high level Government officials to be preserved by th.e ~Governmexit witlx related official records. Documexats o# this character, when they can be properly released for scholarly research, frequently constitute the most vraluable. o# all tb.e source materials o# history. Their preservation in official custody is highly desirable, but is not likely to occur unlE;ss adequate assurance is provicl.ed that their privacy will not be jeopa,rdirecl for a reasonable period o# time. The restriction on the use of such materials provided in this su.bsecti,on is designed to a,ssux?e this privacy. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Ap roved For lease 2002/05/07 :CIA-RDP86-00890100090002-3 ~6 FEI]ER PROFEkITY' AND ADIVIINISTRATIVE SERVIC AC'T Sectioza. 507 (e) (2) provides for the transfer of certain types of motion.-pictuz?e films, still pictures, and sound recordings from private sources that arc appropriate for preservation by the Government. The provisions of existing law perm,i,t the acceptance from private sources of motion-picture films and sound recordings' "pertai.nin~? to and illustrative of historical activities of the United States." I'he provisions of this subsection e~tcnd the categories of materials covered to include still pictures but restrict the character of materials that may be accepted to those that are appropriate for preservation as evidence of the organization, fuuctions, policies, decisions, pro- cedures, and transactions of the Government. Title to the materials deposited under this subsectiox (e) shall vest in the United States. Section 507 (f): The first part of this subsection is new and author- izes the making of motion-picture films, still pictures, and sound recordings pertaining to or illustrative of the historical development of the United States Government and its activities. Governmental events of historical importance frequently occur of which no photo- graphic or phonographic records ar. e made, or, if made by commercial or other private concerns, ax?e not made available for deposit with the written records of the event. This provision would authorize the Administrra,tor to make a sound recording of an important' speech, or a photograph or motion-picture of an official ceremony, and deposit the recordnlg or photograph with official records in his custody. The last part of this subsection provides a permaxxent statutory eb.a.rter for certain activities relating to motion-picture films now authorized by substantive language appearing in annual appropx?i,ation acts. They are extended by this provision to apply also to still pictures and souD.d recordings. The performance of these activities is essential to the proper preservation, administration, and use of motion-picture films, still pictures, and soxmd recordings. Section 508 (a) authorizes the Administrator to obtain reports from Federal agencies on tkxeir activities under the provisions of this bill and the Records Disposal Act. Such reports will facilitate the per- formance of the staff and coordinating functions vested in the Ad- ministratoz? by tb,e provisions of the riew title V. Section 508 (b) : The purpose of this subsection is to minimize violations of title V by providing for warnings from the Administrator to agency heads, and in case of failure to take corrective measures, for reports by the Administrator to the President and the Congress. LI:GAI. STATUS OF RF;PRODUCTION Section 509 (a): This subsection is new. Som? paper records are required by statute to be retained indefinitely. This provision is intended to mare certain that retention of the records on microfilm, rather than in paper form, will have statutory authorization; and also to give such microfilm reproductions, as well as other reproductions made in accordance with the provisions of title V, the same legal status as that of the original records: Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEDERAL PROPER'T'I' AND ADMINISTRATIVE SERVIC S ACT YT Section 509 (b) contiuues the provisions of existing law with respect to an official seal of the National Archives of the United States a,nd the admission in evidence of authenticated reproductions of. records in the custody of the Administrator. It provisions are necessary to provide adequately for the servicing of records. Section 509 (c) continues the provisions of existing law with respect to fees for reproductions of records. The proviso at the end of the subsection is new, and. its purpose is to permit the furnishing of repro- ductions that might be vltal to the interest of the Government at times when funds necessary for furnishing thew were unavailable to the Administrator. Section 510: The Federal Tort Claims Act (28 U. S. C. ch. 171) in effect gives general consent for tort suits against; the Government with certain exceptions that are set forth in section. 2680 of the chapter. The purpose of this sectionzs to extend those exceptions so that the United States and its agents would not bo liable for any izzfrizzgem.ent: of literary property rights that might result from the use of letters and other material (exclusive of material copyrighted or patented) after they came into the custody of the Administrator. Section 511: The purpose of this section is to provide a clear under= standing as to the meaning of the terms "records", "records c.Fn.ter", "servicing", "National Archives of the United States", "unauthonti- cated copies", and "Archivist", as used in title V. ~ ~ Section 7 of tho bill provides for further amendments to the Federal Property and Administrative Services Act of 1949. Subsection (a) amends section 3 (d) of the act to excludo records of the Federal Government from the definition of the term "property". This is desirable because statutes relating to real azid personal property are not applicable to .records, and vice versa. Subsections (b) and (c) are perfecting amendzxaents necessary to the insertion of the new title V in Public Law 152, Eighty-first Congress. Under subsection (d) there are added to the list of statutory pro- visions repealed by the Federal Property and Administrative Services Act of 1949 the N ational Archives Act, as amerzded, and section 4 of the act of February 3, 1905 (33 Scat. 687, as amended; 5 U. S. C. 77), relative to identifications for motor vehicles used for official purposos in the departmental servico in the District of Columbia. Under subsection (e), section 602 (b) of the Federal Property. and Administrative Services Act of 1949 is amended by continuing existing law in paragraph (1) and by providing in paragl'apl,i. (2) that sections 2 and 4 of the Records Disposal Act (44 U. S. C. 366-380) are super- seded to the extent that the provisions thereof are inconsistent with the provisions of the new title V. Sections 2 and 4 of the Records Disposal Act provide, respectively, for the issuance of regulations and the mal~ng of recommendations by th.e present National Archives Council regarding the disposal of records. 'rhe National Archives Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~ease 2002/05/07 :CIA-RDP86-00890100090002-3 Yg FEDER L PROPERTY AND ADMI1VxSTiRATIVE SERVICES AC'P Council would cease to exist under section 7' (d) of the bill. The fuxa.ction of issxxing disposal regulations would be exercised by the Adxxaixxistrator. Subsection (e) also amends section ' 602 (c.) of the Federal Property aazci Administrative Services Act of 1949 by inserting after the words "xax addition" the following: "and paramount". The insertioxx of such language would firm up the autb.ority of the Adx-o.in- istrator of General Services to accomplish the purposes of tho Federal Property and Administrative Services Act of 1949. Under subsection (f), pfa,ragx?aplxs (17) and (19) represent existixxg law, and the present paragraplx 18 of 602 (cl) of the Federal Property and Administrative Services Act of 1949 is deleted since it is not neces- sary in vie~c? of the revision of G02 (c), there beiD.g inserted i:n. lieu thereof a.n exemption for. the Joint Committee on Printing based on the fact that the Comarxittee is a joint committee of both the House a,n,d Senate and therefore feels that it might come lvithiii the purview of the definition of a Federal agexxcy. Subsection (g) provides ta, perxn.axaent statutory charter for an activity avow authorized 'by substan.ti~c-e language apperx:ring in anxiual appropx?xatxon acts: Section 8 amends the definition of the term "Federal agency" i.n the Federal Property ancl..1d.aninistrative Services Act of 1949, so as to exclude from the definition thereof the Architect of th,e Capitol and an.y acti~~ties under his clix?ection,. The. other two subsections of section 8 provicl.e for the exclusion from th.e coverage of the Federal Property and Admu~istrati've Services Act of 1949 of the Senate and House of Representatives, ixicluding the Architect of the Capitol, uxa.less any of the services or facilities authorized to be rc;.nd.ered shall be requested by the Senate, House, or Architect of the Capitol. Section 9 amends section 205 (h) of the Fecl.er,al Property aaad Adxn.iuistrative Services Act of 1.949 by striking ocxt tl;xe word "title" and in,sertiug in lieu thereof th.e wox?d "Act." '1'he cf~ect is to expand the requirexzzen,t that the Ad.mirxi,str,ator of General Sex?vi.ces advise an.cl. coxxsult with interested Federal agencies froaaa the limited field of title h~ to tlxe entire act. Section 10 provides that th.e Comptroller General upoaz .recozrxmend- ation of the head of any Federal agerxcy concerned is authoaized and empowered., in coaznection with any contract made on behalf of the Government which contract includes a provision fox? li.qui,dated dam- ages for delay, to remit the whole or any part of such damages as in his discretion may be just and egxxitable. Section 10 also provides for the repeal of section 306 of the Federal Property a,nd Adaninis- trative Services Act of 1949 and fur, th.er provides that sectioxx 10 is effective as of July 1, 1949. Section 11 repeals a,il. laws and parts of laws in cox~fl.ict with the amendmexxts made by this act. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEDERAL PROPFRT'Y AND ADIVIL\ISTRATIVE SEkZVI ES ACT 19 E7CL~'CUTI'VE OFFICE Or' THT l?itESIDh1NT, Bx REArS OF TT;Fu BI7Df}E'I', li'ash.ington, D. C., Je~lp ~1, 1950. Hon. ~ IT.LIA~1L L. DAwsnN, Chairman, Conrmvatee on Expenilit'ures tin the Executive Departments, I-Iause of X>'epresentatives, New I-Iri'use Office .(3u,ildinp, TVashe:ngton,, D. C. lIY DEAR Mit. DAl\'SON: This is in reply to your request for the views of this Qffice with respect to H. Il. 9129, a bill t.o anacnd the l+ederal Property and Ad- ministrative Services Act of 1949, and for other purposes. This measure is a substitute for Ii. 13,. G37.5, H..R_ GSGG, H. R. 7545, H. R. 8353, H. R. 8416, and H. R. 8890, and has as its prinxary objective the establishment of an aclequat.c records ntatiagement program in t?lre Federal Cnvernmerrt. Ot:hcr amendmextl's i;o the Federal Property and :~dxr.?itaistrative Services Act of 1949 contained in this bill will: 1.. 1~Iake thr, general supply fund available for the procurement of addi- tioltal common-use printed itexxas not stocked by the Super.i.n.tcndent of Documents, axtd eliminate the surcharge x_tow levied on agencies making purchase from the Federal. Supply Ser~-ice. 2. T:nact into substantive law .numerous provisions dealing with th.e maintenance, operation, and protection of public buildings which Have. beets included in the annual appropriation acts_ 3. Prov,rdc for donations of surplus personal pt?opcrty to States for public- health purposes, as ~'cll as for educational purposes, as uow authorized by t.lxe Federal Pr.?operty and Administrative Services Art of 1949. Uxxder t}tat act both 'the cducatioxial. and l~uhlic-hcaltlt organizations are eligible for doxtat.ions of surplus real 'property. 4. Llstend to the field service of Federal agencies the requirement of identification of motor velicles acquired a.nd used for official purposes. 1JTnder the preserxt. law (eec,. 4 of th.e act, of February 3, 1905, 33 Stat. G87, as amended b~- the act of August 2, 1946, GO Stat. 811, 5. 17. S. C. 77) ident,ifxca- tion is required only of motor vehicles acquired and used for official p'ur'poses in the []epartxnental service ixx the District of Columbia. 5. Enact into substantive law, on a continuing basis, the principles of Reorganization flan \ o. 18 dealing with the trans.fcr to the Administrator of the General Services Administrati.oia the control and custody of ofiice buildings owned by the United States. 6. Amend section 306 of the Federal I'rop.ert.}~ and Administrative Services Act of 1949, entitled "\1'a,iver of Liquidated Damages," to estenrl its pro- visions to cover all Federal agencies. The Bureau of the Budget is in accord with the principles of H. R. 9129 and recommends its enactment. Sixtcerely yours, ELMLR B. STA.ATS, . I1.s32Startt D2reCtOr. CQIII'TROLLFR GENER,A,7~ pF T13F, jiNITI.;D ~TA7'FS, Washington, .Iuly ?fi, 1950. Hon. WILLIAM L. DA'C(TSOT', Chairman, Com,~reitlee on ExpenrJi.tures in the Executive Departments, IIa?use of Represerata.li.nes. My DEAR, I~IR, CHAIR3tA1: Reference is made to your letter of May 10, 1950, requesting report on Ii. R. 8416, Eighty-first Congress, ens itled "A bill to amend Public Law 152, Eighty-first Congress, approved June 30, 199.9," and to recent informal advice from coulxsel.for your committee that the committee would prefer a report on H. R.. 9129, Eighty-first Congress, entitled "A bill to amend the Federal Propc;.r.?ty a,nd Administrative Services Act of 1949, and for otb.er purposes." There i,s enclosed asection-by-section analysis of H. R. 9'129, which. has the approval of the General Accounting Office. It is noted, particularly, that 'the bill contains language suggested by- t}r.e General Accountia.tg Office to improve th.e accounting and fiscal procedures uncles' the 1949 act and to authorize the Comptroller Gcncral., upon the recommendation of the head of any federal agency, to remit liquidated damages provided for in any contract of such a,genny. It is understood, also, that your committee desires comment of t'lte Genera]. .Accounting Of&re with respect to the desirability of the proposed section 6 of H. R. 9129, which would be a Federal >3.ecords Act of 1.950. Although the General Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Ap roved For~ease 2002/05/07 :CIA-RDP86-00890100090002-3 ~~ EEAER PROPERTY 'AND ADIVITNISTRATIVE SERVICES ACT Accounting Office is not the agency primarily concerned, it may be said that this act is designed to bring about improved management of Govcrnmezzt records. It would izxxpose on tfxe Administrator of General Services the principal responsi- bility to accomplish this purpose, with the necessary measure of authority to carry. out h'is responsibility in propex? balance with the duties and regzriremerits of all the agencies. There would be a central agency, working in cooperation with all others, to lead and coordinate a program of more efficient and effective utilization, maintenance, and disposal o[ records. The heads of the L'ederal agezzcles would have definite responsibilities in the prograzxt, and provision is made for full consideration of their juxisd'iction, and needs. They would be required to observe standards and prizzciples laid down by the Administrator of General Services, within his authority, and any violation of the act would be reported by the Administrator to the Congress and the President. Adequate safeguaz'ds are provided foz? the performance by tlae General .Accounting Office of its assigned functions. The Comptroller General and I long have recognized the seriousness of the problems arising from the evez'-growing voluzzae of Government records. It is one izz the solution of which all of us-the Congress and the President, the departments and agencies, and the taxpayers-have a large stake. A carefully planned, con- certed attack on the problem by all concerned is essential. 'Fhe proposed legis- lation appears well suited to the undertaking. It would establish a central responsible agency, and call for active participation by all the agencies. It would provide maclxinery to guide and assist those agencies in the betterment of their own records, practices, and procedures. Just as is the case in the accounting field, where the Comptroller General, the Secretary of the Treasury, and the Director of the Bureau of th.e Budget-the heads of the three central fiscal agencies- have joined with all the agencies in a cooperative ,program to improve Federal accounting and financial reporting, a comparable program for Federal records, under the leadership of the Administrator of General Services, should be a sig- nificant step toward greater economy and efficiency in Government. Sincerely yours, FIt.11,NK L. Y.A.TES, Acting Comptroller rerceral of the United, States. GI;NEBAL ACCOIINTINC: OP~ICT SECTION-R'Y-SECTION ANALXSIS ON' FI. R.. 9129, EIGI~T-N'TRBT C~OtiCRE6S Section 1 of the bill is a clarification of existing authority. Section 2 of the bill woxlld have the general effect of eliminating the surcharge presently added to the.cost.of goods procxrz?ed for.other agencies so that operating costs would be borne by an.aual appz?opriations to the General Services Adminis- tration instead of being hidden in the expenses of tkre requisitioning agencies. This result would appear desirable, Section 3 would amend subsection .(b) of section 109 of the Federal Property and Administrative Services Act by (l.) removing the provision for preparation of vouchers by requisitioning agencies, which is understood to have been a cause of delay in payments, and substa'tuting therefor a provision fox reixnburscrnent in accoxdan.ce tirith accounting procedures which will be approved by the Comp- troller General, and (2) amezzding the proviso of the said subsection to prevent the Administrator from employing the "automatic" warrant ox other lawful transfer docu'rnent procedure provided for therein until at least 45 days shall have elapsed from the date wlxen an actual liability has been incurred by the General Services Administration on behalf of the requisitioning agency. This Office approves the proposed amendments. Section 3 (b) of the bill would confer on the Administrator of General Services specific authority to charge proper fees for testing services rendered to vendors and producers. Such provision is belies ed to be desirable. Section 4 would authorize the Administrator of Cxetxeral Services to donate surplus property for educational purposes or pr.zbl.le-health purposes to tax-sup- ported and nonprofit institutions such as specified ixz the said section. Uxxder existing ]aw, the Administrator has authority to donate surplus real property for health purposes and to donate surplus persona]. or real property for educational purposes, and there is not perceived any objection to the proposed amendment, Section 5 of the bill relates to operation of buildings and related activities and to automobile identification. Aside from the redesignation of sections, th.e part relating; to operation of buildings is largely a co.rxsolidatian and restateuzelxt of existing substantive authority of the Administrator of General Services and of authority which has heretofore been provided in annual appropriation acts. Approved For Release 2002/05/07 :CIA-RDP86-0.08958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 .FEDERAL PROPER'.l''Y AND .A,DIVIINISTRATTVE SERVICES ACT' `Z1 ?The provisions of paragraphs 1, 2, 3, 4, 6, 7, 9, and 11 of subsection (a) are from annual appropriations and appear unobjectionable. T'aragraph 5 transfers to the Administrator certain authority to pay rentals and make repairs, alterations and improvements, without regard to the provision of section 322 of the act o# -June 30, 1932 (47 Stat. 4I2), with respect to ]eases entered ,into for other agencies formerly having such authority, or whose leases have been transferred to General Services Administration. Paragraph 8 confers on the Administrator authority to disregard the 25-percent limitation on repairs, alterations, or improvements to rented premises contained in section 322 of said act of June 30, ].932, in instances where he mares a determination that repairs, alterations, or improvements in excess of the limitation is advantageous to the Government. This ptfice offers no objection to these provisions, since under paragraph 5 the Adm.inistratox gets no authority zxot previously vested in the heads of other agencies azzd under paragraph 8 would be required to determine iu each instance that the repairs, alterations, or improvements in excess of 25 percent is advantageous 'to the Govermnent. T'aragraph 10 would extezzd previous authority of the Administra- tor, with respect to the ftzrnis'hing of utilities and other services, to surplus roal property generally, and appears unobjectionable. Paragraph 12 would extend the Administrator's authority with respect to the acquisition of real estai;e and interests thereizz to include condemnation. Subsection 5 (b) would authorize the Administrator, at the request of any Federal agency or mixed-ownership corporation occupying any building owned by the United States or by such corporation, to operate, maintain, and protect such building. T'aragraph 5 (c) would authorize the Adntinistratoz?, at the request of axzy Federal agency or mixed- ownership corporation, to acquire land for buildings and projects autlxorized by the Congress, 'to make surveys, plans, etc., for such buildings and projects, and to contract for and supervise their coztstruction and equipment. Such provi,s.iozts generally follow It,eoz?ganization Plan 1Vo. 18, subsection 5 (d), pz?ov,iding for the same exrepL,ions to the Administrator's authority as does said rcorgaztization plan, and are unobjectionable. The proposed new section 211 (p. X2 of the bill) entitled "Automobile Identi- fication" has the approval of this OlTice. Section 6 of the bill would constitute the Federal I~.ecords Act of 1950. Its provisions have the approval of this Office and, also, conform to recommendations of the Hoover Commission. The proposed new section 502 of the Federal Property and Adtn.in.istrative Services Act of 1949 (p. }.3 of tb.e bill) merely restates provisions of existing ]aw vesting in the Administrator of General Services custody and control of the National Archives Building and its contents, but adds authority to design, construct, and maintain records renters. Section 503 continues the National Histotlcal Publications Commission with a different azul enlarged membership, including representatives of the three branches of the Government and the public, provides for filling vacancies in t}xe member- ship, for payment of the Commission's expenses and the cozxtpensation of the m.entbers representing the public, and. sets out; the duties of the Commission. There is not perceived airy objection to the provisions of this section. Section 504 provides for t}te establishnxent of a federal Hecords Council, with which the Administrator shall advise and consult in carrying out the purposes of the act. This Council would supplartt the existing National Archives Council. Subsection 505 (a) vests the Administrator with staff and coordinating responsi- bility for the economical and efficient management of records of Federal agencies. Subsection 505 (b) requires the Administrator to establish standards for the solective retention of records, to assist the Federal agencies in applying such standards to records in {;heir custody and i;o assist agency heads in protecting the records of their agencies against; unauthorized damage or removal. Subsection 50.5 (c) continues existing statutory autho'.tity of the A.dtninistrator to inspect records but provides that such inspection of records, the use of which.is restricted by or pursuant to law or for reasons of rxational security or the public necessity, sh,al.l be in aceoz?dazxce with regulations promulgated by tlxe Admin- istrator subject to the approval of the }read of th.e custodial ageztcy. Subsection 505 (dl clarifies and extends provisions of existing law by authorizing the Adzninistra{,or to establish, maintain, and operate records centers for the storage, processing, and serving of records and to operate centralized microfilming services for Federal agencies. This subsection carrzes out the recomnteudations of the Hoover Commission as to records centers. Subsection 505 (e) is a slew provision authorizing the Administrator to pro- mulgate regulations governing the transfer of records from the custody of one executive agency to that of another. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For lease 2002/05/07 :CIA-RDP86-00890100090002-3 2~ I'E'DERAL PROPERTY .AND ADIVIII~ISTRATIVE SERVICES AC'T Subsection 505 (f) also is a xxew provision authorizing the Administrator, to pro- vide for retaining records for a longer period than that specified in disposal sched- ules approved by Congress. Such provision seems desirable in order to meet changing needs and conditions with respect to disposal of records. Section 50G prescribes Che duties and responsibilities of agency h,cads with re- spect to the making, managexnexxt, and preservation o.[ adequate records, and includes a provision that noth.irxg in the act shall be construed as limiting the au- thority of the CotnptroLler General of the Uzxited States with respect to prescrib- ing accounting systems, forms, and procedures, or lessexxirxg the responsibility of collecting and disbursing oflacers for rendition of their accounts for settlement by the General Accounting Office. Subsection 507 (a) authorizes the Administrator to accept for deposit with the Nati,ona.l Archives the records of a'ny Fcdcral agency or of the Congress that are determined by the Archivist 'to have sufficient value 'to warrant their preservation, to direct azxdveffect, with the approval of the head of the originating agency, the transfer of records of public or educational institutions or associations, and to effect the transfer of materials from private sources authorized to be received by the Administrator by the provisions of subsection 507 (e). Subsection 507 (b) makes the Adtn.inistrator responsible for the custody, use, and withdrawal of records transferred to him. It contains four provisos respecting restrictions on the use of records, three of which merely retain existing statutory restrictions. The third proviso is new, providing that restrictions referred 'to in this subsection shall trot rern.ain in force after the records have been in existence for 50 years, unless otherwise determined by the Administrator witlx respect to specific bodies of records. Section 507 (c) continues, in substance, the provisions of existing law' as to the preservation, arrangement, repair, and reproduction of records transferred to the Adm,i:nistrator, and provides authority .for the Administrator to publish certain works approved by the National I~istorical Publications Commission. Section 507 (d) continues existing authority for providing reference service on records in the custody of the Administrator. Section. 507 (e) is a partially new provision authorizing 'the Administrator to accept for deposit 1;he ,personal papers and other personal historical documentary material of high Goverx.tmsnt officials under specified restrictions; also, motion- picture films, sound. recordings, etc., from private sources. Section 507 (f) authorizes th.e Administrator to make, preserve, azxd provide for the use of motion-pi.eture films, still pictures, and sound recordings pertaining to tkxe historical development of the United States Goverxa.ment and its activities. Section 508 (a) authorizes the Administrator to require reports from Federal agencies on t}xei.r aet'ivi$ies under this act and the Records Disposal Act. Section 503 (b) s,uthorizes th.e Administrator to inform the heads of agencies as to violations of the Federal Records Act of 1950 and, unless eot'rective action is taken, to report; said violations to the President and the Congress. Section 509 (a) is a new provision giving statutory authority for the retention of records reproduccrl on microfilm, o'r by other copying procr-ss m lieu of original records required by law to be retained indefinitely and providing that' such repro- ductions sYrall have the same legal statas as the original recoz'ds. Section 509 (b) continues the provisions of existiz:rg law with respect to an o.(ficial seal of the National :\rchivcs of the Uzxited States and the admission in evidence of authenticated copies or reproductions of records. Sectiozx 509 (c) continues tlxe provisions of existing law ~~?ith respect to fees for copies or reproductions of records, with a new provision permitting i?cimburse- ment of the cost of furnishing such copies or rept?oduictions. Section 510 ~ti-ould protect the United States and its agents from liability for any in.fring;ement of literary property rights that might result from the use of letters and other izxtel.lectual productions in the custody of the Administrator, exclusive o1' xxiaterial copyrighted or patented. Section 511 consists of definitions of the terms "records," "records centers," and other terms used in the bill. Section 7 (a) of the bill would amend section 3 (d) of the Federal Property and Administrative Services Act of 199 so as to exchide Government records from the definition of the word "property." The remainder of section 7 consists chiefly of amendments necessary foz' inserting the provisions of tlxe bill in the Fcdcral Prop- erty and Administrative Services Act, for expressly repealing tb.e National Archives Act and for superseding specified provisions of certain statutes and of Pxeeut?ive Order No. 61.G6. Section 3 of the bill contains provisions excepting the Senate, the 'House of Representatives, a'nd the Architect of the Capitol frozxx'the provisions of the Fedez'al Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-0089-00100090002-3 FEDERAL PROPERTY ANA ADMINISTRATIVE SERVICES AC'T 23 Property and Administrative Services Act of }.949, but providing that any services and facilities authorized by the act shall be available to the Senate, House of Representatives, and Architect of the Capitol upon their request. It is noted that there should be quotation marks at the beginning of line 21,, page 33 of the bill. Section 9 would amelzd section 205 (h) of the 1?'ederal Property arzd Adminis- trative Services Act of 1949 by broadening the duty of the Administrator to con- sult with interested P'edcral agencies to the scope o[ the entire act. Section 10 provides that whenever any contract made on behalf of the Govern- xnent by the head of anv 1?erleral agency, or by officers authorized by him to do so, includes a pxovisiozx for liquidated damages for delay, the Comptroller General upon recommendation of such head is authorized and empowered to remit the R-hole or alzy part of such damages as in his discretion m.ay be just and equitable_ This provision was incorporated in the bill at the suggestion of the General Ac- counting Office and is strongly.xecommezzded in the interest of uniformity izz the matter of remission oP liquidated damages. A similar provision of law is .now contained ix1 the Armed Services Procurement Act of 1947 (G2 Stat. 21, 24), but it applies only to the Department of t;he Arnzy, the Department of t.h.e l~Tavy, the -Department of the Air Force, the United States Coast Guard, and the National. Advisory Comrrzittee for Acronatrtics. Also, a similar provision is contained in section 30fi of the Federal Property and -ldmizzistrative Services Aci', of 1.949 (63 Stat. 39G), but it applies ot.rly to contrasts covered by title 3 of that act and made by executive agencies. I know of'zzo sound reason for such limited applica- tion of the law. As hereinbefore Vindicated, th.e provisions of H. 1Z. 9129 have the approval of this Office or are considered unobjectionable. GENERAL SERVICES AAMSNISTRATTOIV, July $6, ia50. HUIl, wII1LIAM L. DAWSON, C`ha7:r?rnan Committee on Expenra'etures in th.e Executive J]epartrnents, Ilotrse of Representatives, Washington ~.5, I). C. DEAR \IIt. D:~wsoN: Reference is made to H. R. 91.29, entitled "A bill to amend the Federal Property and Administrative Services Act of 1.949." The proposed legislation has been the subject of extended study by me and my associates, ancl, as you know, nzy staff has assisted your sta1T in the consideration and drafting of the bill. This lci;tez? will therefore confirm the wholehearted sup- port of the measuz'e by this Administration. I have been informally advised by the Bureau of the Budget that it has no objection to the submission of this report to your committee. Sincerely yotll?s, JESS CARSON, General Services Administrator. CI/-T~ILE'_~~S COMMITTEF. FOR THE 1-IOOVER REPORT, IsITI"LENS COMMITTEE FOR REpItGANIZ.A`.CION O'F THE L~7~ECIITIVE P~}{,ANCH OP THE GOV,PTtNM.F,N'r, Washington 5,'D. C., .Tiny ~i, ,1.960. HUn. CHET HOLIFIELD, Chairman, Executive and Legvsla.tive Reorganization .5`~r.bc;onxnrittee of flee G'ornmittec on Expenditures in the E:xeczrtive I]epartments, House, of Representatives, }b'ashington 26, T). C. MY DEpIt MIr.. HOLIFIELD: The Citizens Committee for the Hoover R.e]~ort- has followed with ,interest the titi-ork of ,your committee resulting in H. R. 9129 ( .3842). This colnlnittce, in following the prolrress of this krill, has worked closely with Emmebt J. I',eahy, csecutive director of the National Records Management Council, who directed the Hoop-cr Commission's task force on records management in the hederal Cxovernment_ GVe find that H. P,,. 9'1.29 is fully consistent with the reconnnendations of the Hoover Corn.rxzission. It is a pleasure, therefore, to assure von, on behalf of the Citizens Coznznittee, of our complete endorsen)ent of this bill. The maiority of the recommendations of the Hoover Commission azld its task force on records management ha.de been. accepted by the President and the Congress. Tnese Presidential and congressional enactments have been suitably implemented by the essential appropriations. The bill now being presented to Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Forease 2002/05/07 :CIA-RDP86-00890100090002-3 `L~ FEDE PROPERTY AND ADD2INISTRATIVE SERVIC)iJ~S AC'r the' Congress by Your committee, if acted upon favorably by the Congress, will represent a 100-pexceut adoption of the: letter as :? coxT>rrrs such section number appears in * * * * * such Act as originally enacted, it is amended to conform to the rede- signation prescribed by this sub- section; (b) inserting in the table of con- ' tents appearing in the first section of such Act, iznmediatel.y after the line in which "Sec. 290." appears, Section 210 the following: "Sea 210. Oprra~tion of buildings and rulnled activi- ties. '`Sec. 211. Motor vehicle identillcation.." (c) Inserting, immediately after section 209 thereof, the following new sections: Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Appr.~~ed For~ease 2002/05/07 :CIA-RDP86-00890100090002-3 FED;iJ L PROPER'PY AND AI3MINISTRA.TIVE SERVI E'S ACT' EXISTING I.AW -INnEPPNDENT OFFICI.:B APPROPItIATIQN ACT OF I950 (PURLIC T,Aw 266, $IsT GON(?., APpROVEb AuousT 24, 1949), UNDER TILE IIEADTNC# FEDERAT. WOTtT{S AGENCY, PUFLTC BUILDINGS AANITNT6TRATION' Purchase, repair, and cleaniltg of uniforms for guards and elevator con- ductors Arms and ammunition for tho g'"card force Ground rent of the Federal buildings at Salamanca, \ ew ~ ork, and Colum- bus, Mississippi, for which payment may be made in advance Under the appropriations for salaries and expenses, public buildings and grounds in and outside the District of Columbia, and for \ational Industrial hesel?t-e, per diem employees may be paid at rates approved by the Coznm.is- sioner of Pul>]ic Buildings not exceeding current rates for similar services in tho pltr;ce where such services are employed and such employees in emergencies may be entered on duty subject to confirma- tion by the Federal Works Administra- tor. The provisions of section 322 of the Act of June 30, I932, as amended (40 U. S. C. 27Sa), shall not apply to any lease entered info by, or transferred to the Publi,e Buildings Administration for the h.oirsing of activities specifically ex- empted ft?otn the provisions of said Act, ~s am.ended. SECTION 322 OF THE ACT OF JUNE 3O, 1932 (47 STAT. 412), AS AlfENDEA .After June 30; I932, no appropriation shall be obiigatecl or expended for the rent of any building or part of a building to be occupied for Government purposes at a rental in excess of the per annum rate of I5 per centum of the fair market value of the rented premises at date of the lease unclel? which fire premises are OPERATION OF RIIILDTNGS AND RPLATET) ACTIVITIES SEC. 210. (a) Whenever and to the . extent that the Administrator has beep ox hereafter may be authorized by any provision of law otlrer than this sub- section to maintain, operate, and pro- tect any building, property, or grounds situated in or outside the District of Columbia, including the construction, repair, preservation, demolition, furnish- ing, and equipment thereof, h.e is authorized in the discharge of the duties so conferred upon him- (1) to purchase, repair, and clean uniforms for civilian ernployecs of the General Services Administration who are required by law or regula- tion to wear uniform clothing; (2) to furnisl{ arms and atxtmuni- tion for the protection farce main- tained by the General Services Administration (3) to pay ground rent fox build- ings owned by the United States or occupied by Federal agencies, and to pay such rent iLL advance when required by law or when the Ad- ministrator shall determine SLlelr notion to be iTI the public interest; (4) to employ and pay personpel employed in connection with the function of operation, maintenance, and protection of propert}? at such per diem rates as may be approved by the Administrator, not exceeding rates currently paid by private in- dustry for similar services in the place where such services are per- formed; . (5) without regard to the provi- sions of section 322 of the Act of June 30, I932 (47 Stat. 4I2), as amended, to pay rental, and to make repairs, alterations, and im,prove- ments under the terms of any leaso entered into by, or transferred to, the General Services Administra- tion for the housing of any Federal agency which on June 30, I950, was specificall~? exempted by law fz'orn the requirements of said sec- tion; Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved F~elease 2002/05/07 :CIA-RDP86-008000100090002-3 FEDERAL PROPEIZT'Y AND ADMIIQIST1i A'CXVE SERVICES ACT 2i9- to be occupied by the Government nor for alterations, improvements, and re- pairs of the rented premises in excess of 25 per centum of the amount of the rent for the first year of the rental term, or for the rental term if less than one ,year: Provided, That the provisions of this section shall not apply to leases made prior to June 30, 1932, except when renewals thereof are made after such date, nor to leases of premises in foreign countries for the foreign services of the United States: Provided ,further, That the provisions oI this section as appli- cable to rentals, shall apply only where the rental to be paid shall exceed $2,000 per annum. I1V'DEPENAENT OFI'ICES APPROPRIATION ACT OI' 1950, BIIYR,A . The appropriations for salaries and expenses, public buildings and grounds in a,nd outside the District of Columbia, shall. be avatlable for communication services serving one or more govern- mental aotivities, and for services to motor vehicles, and where such services, together with quarters, maintenance, or other services, are furnished on a re- imblu'sable basis to any governmental activity, such activity shall make pay- ment therefor promptly by check upon the request of the Public Buildings Administration, either in advance or after the service has been furnished, for deposit to the credit of the applicable appropriation, of all or part of the estimated or actual cost thereof, as the case may be, proper adjustment upon the basis of actual cost to be made for services paid for in advance. And for changes iu, maintenance of and repairs to the pneuznativ-tube sys- tem in New York City installed under franchises of the City of New York, approved June 29, 1909, and June 11, 1928, and the payment of any obliga- tions arising thereunder in accordance with the provisions of 'the Acts approved August 5, 1909 (36 Stat. 120), and May 15, 1928 (45 Stat. 533). SECTION 322 OF THE ACT OF JUNE 3O, 1932, sti YRA After June 30, 1932, no appropriation shall be obligated or expended fax the rent of any building or part of a bzlildin.g to be occupied for Government purposes at a rental in excess of the per annum (6) to obtain payments, through advazzces or otherwise, for services, space, quarters, maintenance, re- pair, or other facilities furnished, on a reimbursable basis, to any other Federal agency, or any mixed-ownership corporation (as defined in the Government Corpo- ration Control Act), or the District of Columbia, and to credit such payments to the applicable appro- priation of the General Services? Administration; (7) to make changes in, maintain, and repair the p~xeumat[c tube sys- tem connecting buildings owned by the United States or occupied by Federal agencies in 1\rew York. City installed under franchise of the City of Nev- 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, althr, and improve rented premises, without regard tv the 25 per centum limitation of Section 322 of the Act of .June 30, 1932 (17 Stat. 412), as amended, Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Appro.7ved For lease 2002/05/07 :CIA-RDP86-008950100090002-3 ~e7O k'EDERAI. PROPERT`X AND ADMINIST.RA'TIVE SERVTCE'~S AC'T rate of I5 per centum of th.e fair market value of the rented premises at date of the lease und.ez? which the premises are to be occupied by th.e Government nor for alterations, impz?ove.rnents, and re- pairs of the rented premises in. excess of 25 per centum of the amount of the rent for the first yeaz? of the rental term, oz' for the rental term if less thalz one year: Frovtiraera, 'That the provisions o;f this section shall not apply to leases made prior to June 30, :1,932, except where renewals thereof are made after such date, nor to leases of premises in foreigrx countries for the foreign services of the United States: ProviderZ .~urClt.er, That the provisions of this section a,s applicable to rentals, shall. apply only wh.ez?e the rexxtal to be paid sh.a.ll exceed X2,000 per annum. TIIZIZn DP:I'IOIT'NCX APPROPRIAT)ON AoT oz' I949 (1'ul;z,zc ~~A.w 343, SIsT CONG., APPROVLn OC,r'07}]s,R IU, 1939) Payments to States or political sub- divisions thereof of sums in ,lieu of taxes accruing agaixxst real property declared surplus by Govcrxtrxxe.xxt corporations. INAL~PENAENT Ob~F'ICEB APPRO,PR>;ATION Acs' or 1950 Provided. _jtcr!Jacr, That the Public Build- ings Administrai',ion may ftrrn:ish ireces- sary utilities or services, at cost, to persons, firms, or corporations in con- nection n-ith the occupancy of such plants and the amounts received there- for may be credited as reimbursements to this appropriation. Sr';c2lorr 3719, R,EVZS~A STATrrTr;s (31 iT. S. C. 384..) DI';POIT R'rTIiOIIT AEAIICTION. The gross amount of all moneys received from whatever source for the nse o1.' the United States, except as otherwise pro- vided., ahall be paid by the otlicer or agent recciviny the same i.rxto the Treas- ury, at as early a day as pra,eticable, without an~~ abatement or deduction on account of sA,lary, tees, costs, charges, expenses, or claim of a,ny description n-lzatever. But nothing herein shall af- fect azry provision relating to the rev- enues of the Post Office Departnlerrt. upon a determ,inatio.n by the Ad- ministrator that by reason at circumstances set :Forth in such determination the execui:ion of such wore?, without reference to sr.zcki limitation, is advantageous to the Government in terms of econoxxxy, eftirierr.cy, or national security: Provirler~,? That such cle~ termination shall show that the total cost (rentals, repa,ir?s, altera~ tions, and. ;irnprovem.ents) to the Go`-crnrnent fo.c~ the expected..l.ife of the lease shall l-,c less than the cost of alte.t?cxative space ~~?lx.ich needs no srzch z?epairs, a'.terai?,ions, or improvezxxents_ A copy of every such determination so made shall be furnished to the General .~c- counting OfCz,ce; (9) to pay sums in lieu of taxes on real property declared surplus by Govern:rnent corporations, pur- suant to the Surplus Property Act of 1934, where legal title to such property remains in any such Gov= ernment corporation; (1.0) "1'o furnish utilities and other services where such utilities and other services are not provided frorri other sources to persons, iartris, or corporations occupying or utiliz- izrg plants or portions of plants which constitute (A) apart of the National Industrial.Iteserve pur- sua;nt to tkre National Industrial Reserve Act of 1,948, or (T3) surplus real property, and to credit the amounts received therefrom to the applicable appropriation of the Genez?al Services Administration; (11) at the direction of the Secre- taz?y of Dcfcnse, to use proceeds received from insurance against damage to properties of the Na- tional .T,ndustz?ial T~eserve for repair or restoration of the damaged prop- erties; and Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT e~l .SECTION 1 OF THP pUBI.IC ~UILDINr~S Acm oz~? 1926 (_9PFxovnn MAx 25, 1926), AB AHTE'_TDEn, (40 U. S. C. 341) To enable the Administrator of General Services to provide suitable accoxnmoda?tions in the District of Columbia for the executive departments, .and independent establishments of tlxe Government not uncle-,r any executive department, and for courthouses, post offices, immihration stations, custom- houses, marine hospitals, quarantine stations, and othel? public buildings of the classes under the control of the General Services Adznizristration in the States, Territories, and possessiozxs of the United States, he is hereby arlthor- ized and directed to acquire, by pur- chase, condcrxxnation, or otherwise, such sites and additions to sites as he xrxay deem necessary. SECmzorr 322 of mnE Acm of JuNr, 30, 1932, AS AMENDED, SUPRA After June 30, 1932, no appropriation shall be obligated or expended for the rent of any building or part of a building to be occupied for Government purposes at a rental ixx excess of the per annum rate of 15 per centuin of the fair market value of the rented premises at. date of the lease under w.lxiclx the premises are to be occupied by the Govcrnnre.nt nor for alterations, improvements, and re- pairs of the rented premises in excess of 25 per eentum of the amount o:F the rent for the first year of the rental term, or for the rental term if less than one year: Prnvzded, That the provisions of this section shall not apply to leases made prior to June 30, 1.932, except when renewals thereof are made after such date, nor to leases of premises in foreign countries for tlxe foreign services of the United States: Provided further, That the pro~zsions of this section as applicable to rentals, shall apply only where the rental to be ,paid shall exceed X2,000 per aDnuzn. (12) to acquire, by purchase, condemnation, or otherwise, real estate and interests therein. (b) :'1_t tlxe request of any Federal agency or any mixed-ownership corpora- tion (as defined in the Government Corporation Control Act), or tyre Dis- trict of Columbia, the Administration is hereby authorized to operate, main- tain, and protect any building owned by the l7rrited States (or, in the case of any wholly owned or mixed-ownership Government corporation, by such cor- poration) and occupied by the agency or instrumentality making such request. Acm or .TUNE 25, 1.910 (40 U. S. C. 265) AS AMryND1PD The Adminisi?,rator o# General Serv- ices may, iri his discretion, upon the request of the head of any other execu- tive depart,znexrt, independent establish- ment, or other Federal agency, cause the General Services Administration to carry out the construction of any build- ing or buildings for governmental pur- poses which any such executive depart- ment, establishment, or agency Wray be (e) At the request of any Federal ageuey or a.ny mixed-ownership corpo- ratiou (as defined in the Goverrrrnent Corporation Control Act), the District of Coluxzrbia, the Adzxxinistrator is hereby authorized (1) to acquire land for buildings and projects authorized by t}xe Congress; (2) to rxxake or cause to be made, under contract or otherwise, surveys and test borings and to prepare plans and specifications for such build- ings and projects prior to the approval by the Attorney General of the title to Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For~ease 2002/05/07 :CIA-RDP86-008950100090002-3 32 FEDERAL PROPER'T'Y AND. ADIVIINISTRATIVE SERVICE'S AC'T` authorized to have coxxstructed, includ- ing the preparation of plans, drawings, designs, specifications, and estimates, the acquisitiorx of land necessary for Bites, the execution of contracts, and supervision of construction: Provided, That funds appropriated to other execu- tive departrnents, independent estab- lishments, or other Federal agencies for the foregoing purposes s'h.a:ll be available for transfer to and expenditure by the General Services Administration iri whole or in part, either in reimburse- ment of the proper appropriations of the General Services Administration, for th.e cost of sucll work, or as advances to special accounts for the purpose of providing for the prosecution of said work. B,EOItGANIZATION PLAN ~ O. 1$ OF 1950 SEC. 2. TRANSFER OF OFFICE BT7II.n- ING MANAGEMENT FUNCTIONS.-All func- tions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including thoso post- office buildings which, as determined by the Director of the Z3ureau of the Budget, are not used predominantly for post-office purposes, are hereby trans- ferred from the respective agencies in which noa* vested to the Administrator of General Services, exclusive, however, of all such functions v?itlx respect to-- (a) any building located in any foreign country; (b) any building located on the grounds of any fort, camp, post, arsenal, xtavy yard, xAaval training station, air field, proving ground, military supply depot, or school, or of any similar Facility, of the De- partment of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative; (c). any building which the Ad- ministrator of General Services finds to be a part of a group of buildings ~z-hich are (I) located in the sarxle vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody t$ereoF, and (3) are not generally suitable for the use of other agencies; and (d) The Treasury Building, the Bureau of Engraving and Printing Building, th.e buildings occupied by the National I3urcau of Standards, THE RILL tlxe sites thereof; and (3') to contrr~,et for, and to supervise, the construction and development and the equipping of such buildings or projects. Any sum avail- able to any such Federal agency or instsumeutality for any such building or project may be transferred by such agency to the General Services Arlmin- istration irx advance for such purposes as the Administrator shall determine to be necessarv including the paymexxt of salaries and expenses of. personnel en- gaged in the preparation of plans and specifications or in field supervision, and for general office expenses to be incurred in the rendition of any such service. (d) tiVhenever the D_ irector of the Bureau of the Budget shall determine such action to be in the interest of economy or eil`iciency, 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 b~- the United States or any wholly owned GovernxY:ent 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- (I) of any post-ofpa,ce building unless the Director shall first deter- mine that such building is not used predominantly for post-office pur- poses, and functions which are transferred hereunder to the Ad- ministrator with respect to any post-office building may be dele- gated by hirrx only to another officer or employee of the General Services Administration or to the Postmaster General; (2) of any building located in any foreign country; (3) of any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, airfield, proving. ground, military supply depot, or school, , or any similar facility of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative; (4) of any building which the Directox of the Bureau of the Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-0089~00100~~0002-3 FEDEIi PROI'ERTX A~\A ADMII~TISTRATIVE SERVIC ACT and the buildings under the juris- Budget finds to be apart of a diction of the regents of the group of buildings which are (A) Smithsonian Institution. located in the same vicinity, (B) utilized wholly or predouzinantly for the special purposes of the agency .having custody thereof, and (C) not generally suitable for the use of other agencies; - (5) of the Treasury Building, the $ureau of Engraving and Printing Building, the buildings occupied by the I\ational Bureau of Standards, and the buildings under the juris- diction of the regents of the Smithsonian Institution ? or (6) of the office buildings of the Senate and House of Repre~enta- tives, the building occupied by the Supreme Court of the United States, the buildings occupied by the T,ibxary of Congress and the Columbia J3ospital izz the District of Columbia, and any other build- ings and grounds under the juris- diction of the Architect of the Capitol. MOTOR VEHICLE IAF..NTIFICd770N SEC. $lI. Under regulations prescribed by the Administrator, every motor vehicle acquired and used for ofi%cial purposes within the Lnited States, its Territories, or posaeasions, by any 1!ederal agency or the District of Columbia shall be conspicuously identified by showing thereon either (a) the full name of the department, establishment, corporation, or agency by which it is used and the service art which it is used, or (b) a title descriptive of the service in which it is used if such title readily identifies the department, establishment, corporation, or agency concerned: Provided, That the regulations issued pursuant to Ehis section may provade fur exemptions from the requirement of this section when consp'icuo2ts identification would interfere with the purpose for which a vehicle is acquired and used. SEC. [210] ,~1$. The Administrator shall submit a report to the Congress, in January of each year and at such other times as he may deem.it desirable, regard- ing the administration of his functions under this Act, together with such recom- mendations for amendments to this Act as he may deem appropriate as the result of the administration of such functions, at which time he shall also cite the laws becoming obsolete by reasozz of passage or operation of the provisions of this Act. ~wAIVEIt OF LIQIIIAA'rF:D DA!~fAGES] [SEC. 306. Whenover any contract made on behalf of the Government by the agency head ox by officers authorized by him so to do inchrdes a provision for liquidated damages for delay, the Comptroller General on the recommendation of tho agency head is authorized and empowered to remit the whole or any part of such damages as in his discretion may be just and equitable.] Section 10 of the bill reads as follows: SEC. 10. (a) Whenever any contract made on behalf of the Government by the head of any x'ederal agency, or by o_~icers authorized by hirrz so to do, includes a provision far liquidated damages for delay, the Corn,ptroller General upart recommendation of such head is aulh.arized and empowered co remit the whale ar any part of such damages as in his discretion may be just arzd equitable. (h) Section .~06 of the .Federal Property and Administrative Services Act of 19/r3, is hereby repealed, and this section shall be effective as of July i, I9/9. Approved For Release 2002/05/07 :CIA-RDP86=008958000100090002-3 Appr~~ed Fz,,,~~I~~Q~~/07^,~~~,~;~4~0~~~090002-3 TrTr,~ v rz;D~zz11~ rtJCOrns SFIOItT TITLL SI;c. 501. Phis title may be tired a?s flee "Tedera,l R.,ecords _4ct cif 1.9 ~0". C17S7'aIJY AA'~Xa Ca.NTPa7. O.F P.P,.a.PFP.7'S' ,.4LC. 50`?. The 1ldministr?ator shall have irnmediczte czxstody and co~rtr?ol n;r the Rratinraal ,r1.rr?hives Ru.r7ding and 'its rnntents, and slarx.ll have auth,oriGy to dr..sign, cvnstrurc, pua?chase, lease, maintain, operaze, prvaect, and inzpr'ove bzx.ildings used by him for the storage of records of h'ederal agencies 'i'n the District of Columbia and elsewhere. NAT70 N.4L II7.STOR7CdL Prl73LICdTIaNS COJI lfIS.SIpN Sic. 50~. (a) Th,er?e is h,eretiy created a, National ITistorir?a,l Pznblr:cations Cnm- rraissiorz consisting of the 11rrh,?r:vrsl. (vr? an altcrn.ale dnsignafed by hr:m), vlrho shall, be. C.h,a.irnzan; th,e I ibrarian of Congress (nr an alternate designated by Ivirn,); nrae hleanbr;r of the, United States Senate to be appointed, ?for a term of four years, by the. Presideazt of the Senate; one lhlenzber of the House of TPepresentatives to be appointed, ?for a term of taa:n years, b2! lh,e Specr,lrer? v,(' lh,e .Frouse cl/' Tlepreseratatives; vne representative of th,e judirial Branch, q/' Gh,e Gvvernrnent lv bc, appointed, ?J?or? a. tea?r>z ref fvur years, by t7ae, ClaieJ' .Tustice of 1,lae United States; one representative of the Deparl,rnere(. of State to 6e appointed, ?for a term of four years, by the Secretary of State; orze representative of tYae Deh~artrraerat Of I)eferase to lre alipviraied, ,/'or? a, term o?/' foaxr years, liy the ti5ecrelary n/' De,,fense; two anembers of the linzeracan Historical. 1lssnciatanaa. to be appointed bg1 tlae couazr:il of tlee said association, one of whom. slcall sea?ve an initial term of two years a,azd the o(,h;er a,n irailia,l terrra gl'three, tlear?s?, brrovisiorts of this title and G]te Act approved July 7, 1913 (ti7 Stat. 380-383), as amended July 6, 196 (59 Stat. 1~31~.). (b) The Administrator shall, whenever he finds that any provisions of this title have been or are being violated, inform in writing the head of the agency concerned of such violations and make recommendations regarding means of correcting them. Unless corrective measures satisfactory to the Administrator a're inaugurated within a reason- able time, the Administrator shall submit a written report thereon to the President and the Congress. LEGdL aTATIIa OF REPItOD iTCTTON SEC. 509. (a) Whenever any records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographir., or other proresaes; zn accordance with standards established by the Administrator, the indefinite retention of such photographic, micrnphotographic, 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 sanie Legal status as the originals thereof. (h) There shall he an a,~icial 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 o,~cial seal and certif ed by the Adminis- trator, such copy or reproduction shall be admitted in evidence equally with the originad from which it was made. Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved For~ease 2002/05/07 :CIA-RDP86-008990100090002-3 ,~j~ T'LD)?JRAL PItOpI11:tiT~ AATA AD~ti1INISTItA'T'1:VT; SLRVIC)/'S ACT (c) The .llrlrnin,isLrator magi charge a fee n.+R in ea;cess o/' 10 per centr.arn above the casts or expenses ?/'or nzalvirzg nr authen,licrrtinq copies ur r?epraduclions of rnatertials transferred to his czrstoay. /..Lll srcclr, fees shall be prr,rl r:nto, admirzislered, can.rl ex- pended as a pa'r1. o?/' Lhe National Archives :!`rust, l+'-rend rirnvided 1?ar ire sec?Liora .5 oJ` the _1ct. approved .Jr.rlg 9, 191.1. There.slrall i;e nn charge far rrutkir+~g or authenti.catinq copies or rena?oduclr:ons of such nzraterials for o?~rial use h?L ll;.e I. nrted States Gnvern.- rnenl,: Provided, ~~lzat rei.mebr.arsemerzt may be car,?repted to crrver the cost of furry.%shing .such cnpi.es or reprodurlinns that could not olhcrzvise. be furnrshe!l. Sce. 510_ TYilh respect to lettrrs a.rarl, other intellectual pr?odu.rlions (exclusive of rraaler?ial r:npg/righted or patented) aftr;r? llze;r/ come irztn the r,?uslod~ nr pnssessio-rr. o!? th,e Administrator, neither Glee iI'nitr;d rStates nor its ogeretS shall be liable ?for an.g ir>;'rr:nye- ment of literory proper%y ?righ,ts or analogous ri.glr,ls arising flzerec!fter rir.rL of zese of such rnateriral?s for displag/, rnspectiorr., reserarch., reproduction, or odh.er p~n?;,oscs. Snc. 511. TT'hen zaserl, ire this Gille- (a) The trrm "r?ecor?cls" shall have the m,e(aniragryi.vr.;n to such term br/ serbinn 1 of the /lcl ert.litled " An Act to provide for th.e d'ispnsal, nJ' certain r?ccord,e gf~tne Lrraited States (7ouea-nrracnt", approved Jzaly i', [9.~.~ (5'7 Stat. X80, as avr,eraded; //, Li. S. C. X86') ; (b) The term. "records center" rreeans an, cstcblishment ma.irztp.iraed by the ~ldrrvin.is- trator or by a (?ederrcl agenr,7/ pri,rnarilg/ for tlr.e storage, servicing, secur?zty, aced pr~- cessing of record8 that must be preserved for vargrar.g periods of time aced 'need root be retuiraed car. o,(fi.ce equipment and space; (c) The term "servicing" naearrs rraakinr/ available ?for ccse infnr?mation in records and other rna.terials irr. llae cr.rstndg or the Adnzinistrator- (1) 1>J .frvrrcrs7rinq such records nr ath,er materials, or inforrnatiorr, from such records or other materials, or copies nr reproductions tJtere~f to ar/entries of the Government for o~,cial use and to the public; and (2) b?/ making and furnishing authenliro,lyd or zrnarrthentiro,led copies or? reproductions of such. records arrrl other materials; (d) Tlae terra "National Archives of tlzc United Slates" rr:,carzs those official r'erords that 7aave been determr:ned by the ~Irch,ivisi, ?n have srr?[fcrient leistorica.l or other value to u:arrant their contin.r.ced preservation by th.e C.rnited States Cover?nment, anal have been accepted by tlae Adrnirzistrator for depasil r:n lais rustod?/; (e) The terra ":,neantlr,entir,?u#eaade by the recixiierzG flier-eof, upon Nresentatiorc of liroper? vouchers, in advance or by a'eirnbursement (as nzay be agreed upon 6y the .Adminis- trator and tlr.e n,~cer or boclg nzalc?ing szech rega~est). Such pa~nzent m.ay be creitited to the applicable a propriatrnn of the execzrtive agerr.cy r'eceivzazq s-iroh, payrn,en.t. Sr;c. 602. [(e)~(f) Sectiozl 3709, Revised Statutes, as amended (4:L l7. S. C. 5), is amended by striking out `?x,100" wherever it appears thereirL and inserting in lieu thereof "$;'i00". AUTTi08I7,ATIOIVS TOR APPROPRIATIO\S ANA TRANSFER Ai7TII0ItITX SEC. [503] 80~. (a) There arc hereby authorized to be appropriated st.tch sums as may be necessary to carry out the provisions of this Act [.], including paymerzl tin advance, when authorized by the Adnzinistratrir, for l'ibrar'y rnernber?ships in societies whose publications are available to members only, or lv naenrbers at a price lower than flair rha,rged to the general public. (b) When authorized by th.e Director of the I3urcau of the I3udgut, any Federal agency may use, for the disposition of property under this Act, and for its care and handling pending suclx disposition, ally funds herui;ofore or .hereafter appro- priated, allocated, or available to it for purposes similar to those provided for in sections 201, 202, 203, and 205 of this Act. SEPARABILITY Sr;c. [504] 601x. If any provisiozl of this Act, or the application thereof to any person or circumstances, is held invali(l, the remainder of this Act, and the application of such provision to other' persons or cirettmstances, shall not be affected thereby. EFFECTIVE llATE SEC. [505] 605. This Act shall become effective on July I, 1949, except that the provisions of section [502] 60~ (a) (2) (repealing prior law relating to the Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-008900100090002-3 ~Q FEDERAL PROPERT7l' AND ADMINISTRATIVE SERVICES ACT' disposition of the affairs of the War Assets Administration) sha}1 become effective on June 30, 1949. Section I1 of the bill reads as follows: SEC. l.t. All laws ar parts of law in canfiict with the amendments made by this Act are, to the extent of such canfiict, hereby repealed. THE NATTONAI. ARCHIVES ACT, APPROVED .117NE 19, 1934, AS ADIENDTD (44 U. S. C. 300, 300a, 300c-I~) [There is hereby created the Office of the Archivist of the United States, the Archivist to be appointed' by the President of the United States; by and with the advice and consent of the Senate.] [Sue. 2. The salary of the Archivist shall be $10,000 annually. All persons to be exrlployed in the National Arohives Establishment shall be appointed by the Archivist solely with reference to their fitness for their particular duties and without regard to civil service law; and the Archivist shall make rules and regu- lations fox t?he government of the National Archives; but anz- official or employee with the salary of 55,000 or over shall be appointed by the President by and with the consent of the Senate.'] [Sl:c. 3. All archives or records belonging to the Cxovernment of the iTnited States (legislative, executive, judicial, and other) shall be under the char e and superintendence of the Archivi ?t to this extent; He shall have full power (Sec. 606. (c)) The Adrrcinistrator is authorized to inspect' or stervey personally or by deputy the records of any Federal agency [of tho United States Government. whatsoever and wheresoever located], as well as to intake surveys of records mctnape- ment and records disposal practices in such agencies, and shall [have be given the full cooperation of [any and all persons in charge of such records o~czals and employees of agencies m 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, aha,ll be inspected or surveyed in accordance with. regulations prortzulgated by the Administrator, subject to the ap~royal of the head of the custodial apency. [and to requisition for transfer to the National Archives Establishment such archives, or records as the National Arohives Council, hereafter provided shall approve for such transfer,] (Sec. 507. (a)) The Administrator, whenever it appears to him to be in the public interest, is hereby authorized- (1) to accept for deposit with the National Archives of the United States the records of any Federal agency or of the Congress of the United States that are determined by the Archivzst to have au~cient laistorical or other value to warrant their conllnued preservation by the Unzted States Government; (2) to direct and effect, with the approval of the head of the originating agency (or if the existence of such apency shall have been terminated, then with the approval of its successor in function, if any), the.transfer of records deposited (ar 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; a,-nd (3) to direct and e$'ect the transfer of materials from private sources authorized to be received by the .4drniniatrator by the provzszons of subsection (e) of this section. (S~c. 607. (e.) The Administrator may acr.,ept far depasit- (T) th.e personal papers a,nd other psrsona,l historical documentary materials of the present Preszdent of the United States, his successors, heads of executive departments, and such other ojftciala of the Government as the Preszdent m.ay designate, offered far deposit under restrictions respecting their use specified in writing by the prospective depositors: Provided, That restrictions so specified on such rnaterzals, or any portions thereof, accepted by the Adzinistrator for such + Some of tho provisions nt this section havo been snpersedud by the fnlloa*ina provision in the Tnda pendant O.tl'ices Appropriation art, 1939, approval May 23. 1938 (u2 Shit. h21): "1'rnrirled furthNr, Th:Lt slx months after the [late of approval of this Art, nntwithst:andmg any provisions to 1:he contrary in section 2 of The National Archives Act, aPPt~~~?ed Juno 19, ]93A, :end section 1 of the Foderal itae~ister Act., approved July 2r,, 19n5, sll persons amploye~7 in The National Arohives establishmant under section 2 of the TTr+tinnal Archives AcC and section 1 of tbc. Federal Rreistar Act shall be appnhttad by the. Arrhlvist in accot'dance with the civil-service la?~s and the Classification .4eC of 1923, as amended: And prnnidrd ftcrrh.er, Tha? all persons employed under section ^ o[ The Nai;innal Archives Act and section 1 of tho Federel Reristar Art in scut establishmazit six mo the after the date r?f appro~: al of this Act, re^atrdle5ti of tha method hY which they were appol'nted, who do nut hava a competitive classified civil-sarvice stutns shall aegniro such a stai;us (11 upon recommendaP.inn bl- the archivist and certification by him to the Civil Garvice Commission that such persons have randercd satisfaci:nrv service in said establishment for not less than six months and (2) upon passrnR such suitable noncompatitiva tests as the Civil Service Commission shall prescribe." Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved nE~P~o~~Rm002/0~ /O~MiNiA RDPr860ER89~00T 000002-3 deposit shall have force and effect during the lifetime of the depositor or far a period not to exceed twenty five years, whichever is longer, unless sooner terminated in writing by the depositor or his legal heirs: And provided further, That the Archivist determines that the materials accepted for such deposit will have con- tinuing historical or other values; [and he shall have authority to make regula- tionsfor the arrangement,] (Sec. 507. (b) The Administrator shall be responsible for the custody, use, and withdrawal of [material deposited in the National Archives $uilding] records transferred to him: Provided further, That whenever the head of any agency shall specify in writing restrictions that appear to him to be necessary or desirable in the public interest, on the use or examination of records being considered for transfer from his custody to [that of] the _ [Archivist] Administrator [that appear to him to be necessary or desirable in the public interest,] the [Archivist] Administrator shall impose such restrictions on [such of] the records [as are] so transferred, [to his custody;] and [restrictions so imposed] shall not [be removed or relaxed by the Archivist] remove or relax such restrictions without the concurrence in writing of the head of the agency from which the material shall have been transferred unless] (or.if the existence of [that] such agency shall have been terrnizzated ~[;], then he shall not remove or relax such restrictivns without the concurrence of the successor zn function, if any, of such agency head); Provired, however, That statutory and other restrictions referred to in the provisos of this subsection shall not remain i.n,force.or e,$ect after the records have been in existence fvr fifty years unless the Administrator by order shall determine with respect to specific bodies of records that such restrictions shall remain in force and effect for a longer period: And provided further, That restrictions on the use or examination of records [in the custody of the Archivist] deposited witlc th,e l~ration.al Archives of the United States heretofore imposed and non- in force and effectunder the terms of section 3 of the National Archives Act, approved June 19, 1934, shall continue in force and effect regardless of the expiration of the tenure of office of the of#rcial who imposed them but may be removed or relaxed by the [Archivist] Administrator with the concurrence in R-rii,ing of the head o# the agency from which [the] znaterial has been transferred [or by the Archivist alone (or if the existezzce of [that] such agency shall have been terminated [.],ten with the concurrence an wr2ttinq of his successor in function, if any). [SEC. 4. The] (Sec. GOB.) The Administrator shall have immediate custody and control of the National Archives Building [and such other buildings, grounds, and equipznent as may from time to time become a part of the National Archives Establishment (except as the carne is vested by lav- in the Director of National Buildings, Parks, and Reservations) ] and [their] its contents, [shall be vested in the Archivist of the United States.] and shall have authority to design, construct, purchase, lease, maintain, operate, protect, and improve buildings used by biro for the storage of records of Federal agencies in the District of Columbia and elsewhere. [SEr,. 5. That] (Sec. 603. (a)) There is hereby created [also] a National :Elistorical Publications Commission [which] (Sec. 50.5. (d)) Th.e Commission shall make plans, estimates, and recomx~rendations for such historical works and collections of sources as [seem] it deems appropriate for [ ublication and/or] printing or otherwise recording at the public expense[,]. The Commtiission ah,all 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 publiahirig the papers of outstanding citizens of the United States and such other dor..aernents as may be important for an understanding and appreciatv:on of the history of the United States. The Chairman of the Conarnission shall transmit to the Administrator from time to time and at least once annually, such laps, estimates, and recommendations as have been approved by the Cvmmisszon. aid Commission to consist of the Archivist of the United States, who shall be its chairman; the historical adviser of the Department of State; the chief of the historical section of the War Department, General Staff; the superintendent of Naval records in the Navy Department; the Chief of the Division of Manuscripts in the Libraxy of Congress; and two numbers of the American Historical Association appointed by the president thereof from among those persons who are or have been members of the executive cazmcil of the said association: Provided, That the preparation and publication of annual and special reports o.n the archives and records of the Government, guides, inveptory lists, catalogs, and other instruments facilitating the use of the collec- tions shall ,have precedence over detailed calendars and textual reproductions. This Commission shall meet at least once a year, and the members shall serve without compensation except repayment of expenses actually incurz?ed in attending Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 App wed;~el~~,~,~/~,~7~~}~~~0~~,~fy~0090002-3 meetinBy of the Com.miss:ion.] (Sec. 503. (a)) consisting of l7r.e ,~lrch,i,trist (or an alternate designcrled by h.rrz), wlzn shall, be chai.rnzan; l7ae Tiibrarri,an of Gyonryress (or p,n alterna,le, designated by him); orze llemher rif Gh.e United States Senate to be appointed, far a term of ?1'aur pears, by the President of tlae Senate; one Member of tlae !do?use of Represenla(.%ve8 tv be, appointed, for a term of t?wo pears, by the Spealcer of the House o.l' Representatives; one represerrlczlive ~~' lh,e jzrdirial branriz q/' the, Government to be appoi.rated, for a terns or fozrr? pears, by the Chief Justice of the Llraita=d States: one represenlo,t.i,vn, of the Department of Stale to be appointed, ,for a term of ?fou.r yerra?s, by the Secretary of State; orae representative q'D? the Department of Defen.ae, to he appointed, ,for a term of ,four pears, by th,e Secretary of Defense; two members of th,e American Tlistori?cal As?snriatz:nn tn~be appointed by the council of the said associa.lion, one o?/' wh,ozr+. shall, serve are initial terra of two zleaz?s and th?e other a,n, initial terra, off' three Blears, but tlzeir successors shall be appointed ?fnr terms ~1?./'our fears; and two other mearzbers o?utsta'ndi.ng in Ctrs. fce7,ds cif the social ar ph.psi,ral, sciences to be appointed by the ]'resident nl the United States. on.e of whom shall serve an initial terra ~/' one pear and the, nther'an initial term of tha?ee pears, but lh-ei.r successors shall be appointed ,for terms of four pears. The Cnrrr.nrissinn shall. ,meet annzzal,7.y and on call of the Clzairmu'~r. (b) Azzp persons appointr:,d to ,fill a, vararzcp in tase nzernberslaip of the Com.rressinn shcr,ll be appointed orzlp ?fnr the zzn.expi.red term, of the rrternber whrnz tae shall stzcceed, and his a,ppointmen.t s7;(ill be made ire l7ae same manner in uihich the appoi.n.tnrent of kis predecessrir teas made. (c) The Commission i?s czrct7aorized to appoint, walkout reference to t7ae Classifica- tion..llct of 1,J.F3 (P?ublir, Law ~~~.9, first Congress, approved October I8, .1.9f,91, arz exeezr.lve director sand sua;h editorial and clerirccl stn,,(J' as t7ae Corrrrrrissinn nzay deter- mine to be accessary. ]I%lerriber?s of t1a,e Comnrzssiorr, wlan represent agcy brrarac7a or agency of t7?e Gover?rzrnenrC s7aa.ll serve as zraem,bers of the C.ornanission witlaaut n,ddi- tioaal cornpensa~i.on. All members of Ilse Cornmissi?urr, slarrll be reimbursed ,for tra:ns- porta.tion expenses inc'urr?ed i?n atte:rrdirrg nzeetzrr,gs of the Co~nrrrfssiorz, and all such members ct,7oer than, those, a.uko rr.?pr?esent arzp bra,rzc7a or cagenrp of lJre (aorerrcrn,ant of t7ae Zlrcited States a7aall receive z:n lieu of subsistence en route to or frarn, or at the place, of suck service, fnr each dap zecessary to obtain reports from Federal agencies on their activities under the provisions of this title and the Act approved Jzdy 7, 19.3 (67 Stat. 380-383), as amended July 6, irJl5 (59 Stat..~3~). Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 ~ __ Approved Fo lease 2002/05/07 :CIA-RDP86-0089 0100090002-3 "(b) T}ae 11 dmirristrator? s}za.ll, whenever h.e aiard,4 that Uny provisions of this title havF; been or ar?e being violated, inform in writing the head of th.c agcrar.'y concer?'ned of suc]a violations; and ?rn.o.lce recommendations regarding means of correcting lh,ern. ZIn- less corrective ~neastcr?es satis/'actory to the Adnr.ir+,istrato>? p.re inaugrcr?ated within a reasonable trove, fhe Adrrrinistra,tor s}ra,ll sr~bn+il a u?rittera r?epor?t t/iereon to the L'resi- derr,t ra-nd the Congress. "LEGdL S'1'd 1'iTS OF RFPTODL-CTIOSS "S~c. 509. (a) tiVh.eraever any records lh.rLL are rcrlu.ired by statute to be retained tindefniLely have been reproduced by p}rotograph.ic, n+icropliotograp}sic, or other processes, ire accordance -roiL7;. standards established by the fl? othe'>? reproductions will be deenxed to constitute c:rrnpliance with, the statutory r?eguircmerat far floe indefinite. retention of such original records. Such reproductirns, as a:ell as -reapradr.~ctinras made in compliance with requlatiores 1>rorreulgated lv carry nua this title, shall, have the same legal status as the origincr,ls th,erenf. "Llttif7I'.A'170N 0~ LI tiBILITY "S~c- 510. With respect to letters and other intellectual productions (exclusive of material copyrighted or patented) after they name into the custody or possessiara of the Administrator, neither th,e ilnited States raor its agents sh.call be liable ,F?or any infringement oJ' lr:Cnrcrry property rights or analogous riglus arising thereafter nut of use r~F such, materials for display, irespectiori, research, r'eproducti,nn, or other purposes. "r4~c. 511. W}acre used in th,r:s title- "(a) Tlae terra `r?ecor?ds' shall have the mcanin,?q given to sr.ech, terra by section i of th.e ~',cL en(.itled, `An Act to provide ,for the diispasal 0/' certain records o/' th.e United States Gavernmerat, approved Jrrly 7, 193 (5T Stat. 580, as amended; f t U. S. C.. 366) ; "(b) The term `retards center' means an establishment maintained by t}ae /ldmirr-- istrator or by a Federal agency primarily for th,e storagr;, ser-vicing, security, and' proressinq of records that rra'usL be preserved for varying periods of time and need' not be retained in ofirre equipment and space; "(c) The term `servicing' means m.alcing available far use information e,rt records and other materials in the rustady of the Administratnr- "(1) by,furnishinq such records or other rraaterials, or information from such records or of}aer m.a,terals, or ropics or reproduction thereof to agencves of th,e Goverrarn.enL for q~cial use and to the public; and "(2) by makirr.g and furnishing authenticated or unauthenticated copies or reproductions oJ' su.ch records ararl other rna$erials; "(d) The terra `Na,tioncnl rl.rrhives of the United States' means t}rose o,~cial records that have been de(.erm.ined by the Archivist to have su~cienG historiral or other value to warrant their continued preservation by the United ,States Government, and have been accepted by floe Adminiatrartor for deposit z:ra his custody; "(e) The terra, `unauthenticated copies' naea,na exam copies or reproductions of records or other materials that are not certified as such under seal and that need oat lie legally accepted as evidence; and "(f) T}ae term, `Archivist' means the Archivist of the United States." R1;CORDS DISPOSAT ACT, APPROVED JULY 7, 1943, AS AMENDEll (44 U. S. C. 366-380) S>;c. 2. [the National Archives Council] (Tl~e Administrator) r shall [pro- mulgate] (prescribe) ' rehulations, not inconsistent with this Act, establislxit.rg (1) procedures for the compiling and subLn,itting to the Archie-Sst o'f the United States of lists and schedules of records proposed for disposal, (2) procedures for the disposal of records authorized for disposal, and (3) standards for the reproduction of records by photographic or microphotographic processes with. a ~?iejv to the disposal of the original records. Such regLtlations, when approved by the Presi- dent, shall be binding oxti all agencies of the Uni.ted.States Government. + Sea 20,5 (e) nl' Y;he I?erler:~l Yrolmrty ^nd Administrativr. cervices Act of 1pR~J includes the provision that the "Administrytor shall prescribe such regulations as he deems accessary-.to e[Tectu:ate his tunetious nndcr this Act Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3 Approved Fo~lease 2002/05/07 :CIA-RDP86-0089~00100090002~ k'EDERAL PROPEI~'I'l A_tiD ADMINISTRA7"TVk' SERVICES ACT ~7 Src. 4, T?he [1~rchi,vist~ (~dnuuistrator)z shall sz.fbfnit to Congress, 'at such times as he shall deem etpediezrt; th.c lists or schedules sr.lbmitted to him in ac- cordance with the provisions of section 3 of this Act, or parts of such lists or schedules. and lists oz' schedules of any records iu his I.enal, custody, insofar a it sllall appear to h'irn that the records listed in such lists or schedules do not, or r+'ill not after the lapse of the pel?iod specified, have sufficient administrative, legal, research, or other value to warrant their continued preservatiol.f by tk:re T;nited States Governzzlent: Provided, That the [Archivist] (A.dnlinistra,tor)'- shall not SlllJlnlt tU Congress lists or schedules of records of any existing ariency of th.e Government in his legal, custody rr-ithout first haviztg obtained the written consent of tb.e head of such agene~?. 7'he [Archivist] (Administratorl' may also submit to Cozgress, [together with recommendations of 't'he National At?chir~es Council with. respect thereto, atzd] at such times as he may deeru expedient, schedules proposing the disposal, after the lapse of specified pez'i.ods of time, of recorrl, of a specified form or character corrrtnon to several or all agencies that Hither have accumulated or may accut.zlulate in such agencies and that apparc:ntl.y will riot, after the lapse of th.e periods specified, have sufficient adlninistratir-e, legal, research, or.' other value to rvarrarJt their further preservation by the L nitecl States Government. (Sec. 7. (el) amending suhseclion 60N' (h) to read cos,follows: "(b) There are hereby superseded- * _~ :r "(2) sectio~r2s 2 and ~ of th.e Ac% entitled ".girt /l.ct to provide for th,e disposal, of certain records of the Urtdted ,Stntes Goverrarrr.ertt,", approved July 7, 1.9lr.:3 (v7 Stat..481, as anzencled; 11 U. S. C. X67 and ~36'~), to the extent that the provzsaona thereof are inconsistent with. the provisions of title V of this Act. a Sec. 104 (a) of i.he Podoral Property and Administrttive Services Act of 7949 includes the provision that there "axe traus[orrul to 1:he Administrator (1) the functions of the Archivist of thu Unii.ed States,. except that' Approved For Release 2002/05/07 :CIA-RDP86-008958000100090002-3