[House Report 108-403]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-403

======================================================================
 
  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.]

           *       *       *       *       *       *       *

                              ----------                              


             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.

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