[House Report 108-403]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-403
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION EFFICIENCY ACT OF 2003
_______
December 8, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tom Davis of Virginia, from the Committee on Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3478]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred the
bill (H.R. 3478) to amend title 44, United States Code, to
improve the efficiency of operations by the National Archives
and Records Administration, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Committee Statement and Views.................................... 1
Section-by-Section............................................... 2
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
Rollcall Votes................................................... 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 3
Constitutional Authority Statement............................... 3
Unfunded Mandate Statement....................................... 4
Committee Estimate............................................... 4
Budget Authority and Congressional Budget Office Cost Estimate... 4
Changes in Exisiting Law Made by the Bill as Reported............ 5
Committee Statement and Views
PURPOSE AND SUMMARY
The National Archives, created by Congress in 1934 as the
Nation's record keeper, is a small agency with the very large
task of identifying, acquiring, preserving, and providing
access to the permanently valuable records of the Federal
government. From the records of the Continental Congress to the
battle maps of Operation Desert Storm, from parchment to e-
mail, the National Archives and its facilities across the
Nation provide invaluable access to the records of our national
life.
This bill is designed to make the operations of the
National Archives more efficient in several key areas and to
improve their service to Federal agencies and the public. It
does so by amending title 44 of United States Code with four
key provisions.
Eliminate a cumbersome procedure for extending the
retention periods for Federal records.
Enable NARA to charge fees for the use of building
spaces by public groups and associations.
Allow NARA to enter into partnerships to carry out
agency programs.
Provide for the purchase of uniforms for certain
NARA service employees.
Section-by-Section
Section 1. Short title
``National Archives and Records Administration Efficiency
Act of 2003''.
Section 2. Extension of records retention periods
Currently, if a Federal agency wishes to extend the length
of time that it is required to hold a particular type of
Federal record, the process to do so is both cumbersome for the
National Archives and the Federal agency. Every time an agency
needs to retain records beyond the scheduled retention date an
agency head must request permission from NARA. This law will
clear the way for the writing of more sensible regulations that
will streamline and shorten that required process.
Section 3. Authority for the use of Records Center Revolving Fund to be
used for the purchase and care of uniforms for records centers
employees
GAO decisions require that Federal agencies specifically
receive legislative authority to purchase uniforms for service
personnel. NARA has a limited need for such authority and this
legislation grants that authority.
Section 4. Authority to charge fees for public use of facilities of
National Archives and Records Administration
The National Archives manages a number of facilities across
the United States, including Presidential libraries and the
Archives headquarters facilities on the Mall in Washington, DC
and in College Park, Maryland. Those facilities are often in
demand as meeting spaces for associations and other
organizations, but the Archives currently has no means to
charge fees for that usage. This law will correct that
situation and allow the Archives to charge reasonable fees for
the occasional, non-official use of rooms and spaces, such as
for meetings and special events, and use those fees for
educational outreach.
Section 5. Authority to use cooperative agreements with State and local
governments, educational institutions, and other public and
nonprofit organizations to further NARA programs
This section will enable the National Archives to enter
into cooperative agreements with State and local governments
and nonprofit organizations for the public purpose of carrying
out programs of NARA. Cooperative agreements will allow NARA to
transfer modest amounts of appropriated dollars, limited by the
language of this bill, to those organizations to carry out
those purposes. For example, NARA has recently been working
with the White House and National History Day on a project to
foster a dialogue among teachers, students and members of the
public about the rights and responsibilities of U.S. citizens.
Through this and other projects National History Day promotes
the use of primary history sources and the use of resources at
the National Archives, promoting NARA's outreach program. This
change would allow NARA to transfer modest amount of funds to
National History Day and similar organizations to assist them
in these endeavors.
Explanation of Amendments
The Committee did not consider any amendments.
Committee Consideration
On November 20, 2003, the Committee met in open session and
favorably ordered reported the bill, H.R. 3478, by voice vote.
Rollcall Votes
There were no recorded votes.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of how this bill applies to the legislative branch.
This bill applies only to the National Archives and Records
Administration.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(2) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 3478. The Committee believes that the changes
in law, made by this bill, are within Congress' authority under
Article I, section 8, clause 1 of the Constitution.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported include unfunded mandates. In
compliance with this requirement the Committee has received a
letter from the Congressional Budget Office included herein.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 3478. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 3478 from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 24, 2003.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3478, the National
Archives and Records Administration Efficiency Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 3478--National Archives and Records Administration Efficiency Act
of 2003
H.R. 3478 would make various administrative changes to the
National Archives and Records Administration (NARA). The
legislation would allow NARA to extend the length of time
agencies can hold particular federal records. The bill also
would authorize NARA to purchase uniforms for employees, retain
and spend fees for the public use of NARA facilities, and to
enter into cooperative agreements with public and nonprofit
organizations to further NARA programs. CBO estimates that the
legislation would not have a significant effect on spending
subject to appropriation or on direct spending.
H.R. 3478 would authorize NARA to retain and spend any fees
collected from the public for the use of its facilities for
meetings and conferences. Because NARA does not have such
authority under current law, enacting this provision would
increase direct spending. According to the agency, however, the
use of NARA facilities produces less than $500,000 a year in
governmental receipts (revenues) that are deposited in the
general fund of the Treasury. Thus, CBO estimates authorizing
NARA to retain and spend those receipts would not have a
significant effect on direct spending. H.R. 3478 could increase
the cost to store federal records because it would allow NARA
to extend the length of the time agencies may archive records.
Based on information from NARA, CBO does not expect the costs
of this provision, which would be subject to the availability
of appropriated funds, to be significant.
H.R. 3478 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Th CBO staff contact for this estimate is Matthew Pickford.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec.
2101. Definitions.
* * * * * * *
2119. Cooperative agreements.
* * * * * * *
Sec. 2112. Presidential archival depository
(a) * * *
* * * * * * *
(e) When the Archivist considers it to be in the public
interest, he may charge and collect reasonable fees for the
privilege of visiting and viewing exhibit rooms or museum
[space] space, or for the occasional, non-official use of rooms
and spaces (and services related to such use), in a
Presidential archival depository.
* * * * * * *
Sec. 2119. Cooperative agreements
(a) Authority.--The Archivist may enter into cooperative
agreements pursuant to section 6305 of title 31 that involve
the transfer of funds from the National Archives and Records
Administration to State and local governments, other public
entities, educational institutions, or private nonprofit
organizations (including foundations or institutes organized to
support the National Archives and Records Administration or the
Presidential archival depositories operated by it) for the
public purpose of carrying out programs of the National
Archives and Records Administration.
(b) Limitations.--Not more than $25,000 may be transferred
under a cooperative agreement entered into as authorized by
subsection (a). Not more than a total of $75,000 may be
transferred under such agreements in any fiscal year.
(c) Report.--Not later than December 31st of each year, the
Archivist shall submit to the Committee on Government Reform of
the House of Representatives and the Committee on Governmental
Affairs of the Senate a report on the provisions, amount, and
duration of each cooperative agreement entered into as
authorized by subsection (a) during the preceding fiscal year.
* * * * * * *
CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES
AND BY THE ADMINISTRATOR OF GENERAL SERVICES
* * * * * * *
Sec. 2903. Custody and control of property
(a) The Archivist shall have immediate custody and control of
the National Archives Building and its contents, and may
design, construct, purchase, lease, maintain, operate, protect,
and improve buildings used by him for the storage of records of
Federal agencies in the District of Columbia and elsewhere.
(b) When the Archivist considers it to be in the public
interest, the Archivist may charge and collect reasonable fees
from the public for the occasional, non-official use of rooms
and spaces, and services related to such use, in the buildings
subject to this section. Fees collected under this subsection
shall be paid into an account in the National Archives Trust
Fund and shall be held, administered, and expended for the
benefit and in the interest of the national archival and
records activities administered by the National Archives and
Records Administration, including educational and public
program purposes.
* * * * * * *
Sec. 2909. Retention of records
The Archivist may empower a Federal agency[, upon the
submission of evidence of need,] to retain records for a longer
period than that specified in disposal schedules[; and, in
accordance with regulations promulgated by him,], and may
withdraw disposal authorizations covering records listed in
disposal schedules. The Archivist shall promulgate regulations
in accordance with section 2104(a) of this title to implement
this section.
* * * * * * *
CHAPTER 33--DISPOSAL OF RECORDS
* * * * * * *
Sec. 3303a. Examination by Archivist of lists and schedules of records
lacking preservation value; disposal of records
(a) * * *
* * * * * * *
(d) The Archivist shall promulgate schedules authorizing the
disposal, after the lapse of specified periods of time, of
records of a specified form or character common to several or
all agencies if such records will not, at the end of the
periods specified, have sufficient administrative, legal,
research, or other value to warrant their further preservation
by the United States Government. [A Federal agency may request
changes in such schedules for its records pursuant to section
2909 of this title.]
* * * * * * *
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INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2000
(Public Law 106-58)
* * * * * * *
TITLE IV--INDEPENDENT AGENCIES
* * * * * * *
National Archives and Records Administration
* * * * * * *
RECORDS CENTER REVOLVING FUND
(a) Establishment of Fund.--There is hereby established in
the Treasury a revolving fund to be available for expenses
(including expenses for uniforms or allowances for uniforms as
authorized by subchapter I of chapter 59 of title 5) and
equipment necessary to provide for storage and related services
for all temporary and pre-archival Federal records, which are
to be stored or stored at Federal National and Regional Records
Centers by agencies and other instrumentalities of the Federal
Government. The Fund shall be available without fiscal year
limitation for expenses necessary for operation of these
activities.
* * * * * * *