effect for a longer period: And provided further, That restrictions on the use or examination of records deposited with the National Archives of the United States heretofore imposed and now in force and effect under the terms of section 3 of the National Archives Act, approved June 19, 1934, shall continue in force and effect regardless of the expiration of the tenure of office of the official who imposed them but may be removed or relaxed by the Administrator with the concurrence in writing of the head of the agency from which material has been transferred (or if the existence of such agency shall have been terminated, then with the concurrence in writing of his successor in function, if any).

(c) The Administrator shall make provisions for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microcopy publications), description, and exhibition of records or other documentary material transferred to him as may be needful or appropriate, including the preparation and publication of inventories, indexes, catalogs, and other finding aids or guides facilitating their use; and he may also prepare guides and other finding aids to Federal records and, when approved by the National Historical Publications Commission, publish such historical works and collections of sources as seem appropriate for printing or otherwise recording at the public expense.

(d) The Administrator shall make such provisions and maintain such facilities as he deems necessary or desirable for servicing records in his custody that are not exempt from examination by statutory provisions or other restrictions.

(e) The Administrator may accept for deposit

(1) the personal papers and other personal historical documentary materials of the present President of the United States, his successors, heads of executive departments, and such other officials of the Government as the President may designate, offered for deposit under restrictions respecting their use specified in writing by the prospective depositors: Provided, That restrictions so specified on such materials, or any portions thereof, accepted by the Administrator for such deposit shall have force and effect during the lifetime of the depositor or for a period not to exceed twenty-five years, whichever is longer, unless sooner terminated in writing by the depositor or his legal heirs: And provided further, That the Archivist determines that the materials accepted for such deposit will have continuing historical or other values;

(2) documents, including motion-picture films, still pictures, and sound recordings, from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions. Title to materials so deposited under this subsection shall pass to and vest in the United States.

(f) The Administrator is hereby authorized to make and preserve motion-picture films, still pictures, and sound recordings pertaining to and illustrative of the historical development of the United States Government and its activities, and to make provisions for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibit

ing, and releasing for nonprofit educational purposes, motion-picture films, still pictures, and sound recordings in his custody.

ANALYSIS

Section 507. Archival administration (as added by sec. 6 (d), 64 Stat. 583, and as amended by sec. 1 (o), (p), 66 Stat. 594; 44 U. S. C. 397)

(a) Deposit of records with National Archives, transfer of records to public institutions, and transfers of materials from private sources.-Paragraph (1) of this subsection provides for the acceptance of records of the Government having sufficient value to warrant their continued preservation with the National Archives of the United States. It places responsibility on the Archivist to determine professionally whether records have sufficient value to warrant their deposit with the National Archives.

Paragraph (2) of this subsection authorizes the transfer, with the approval of the originating agency, of records deposited, or approved for deposit, with the National Archives to public or educational institutions. This would enable the Administrator to provide for the loan or indefinite transfer of records under proper safeguards to State archival agencies or educational institutions. Title to such records would, however, remain vested in the United States unless otherwise authorized by Congress.

Paragraph (3) of this subsection authorizes the Administrator to effect the transfer of materials from private sources when acceptable for deposit under the provisions of subsection (e) of section 507.

(b) Responsibility of Administrator for records; restrictions on use thereof.This subsection makes the Administrator 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 continued in substance provisions of preexisting law. The third proviso is new. It provides for terminating all restrictions (referred to in this subsection) after the records to which they are applicable have been in existence for 50 years unless otherwise determined by the Administrator with respect to specific bodies of records. This proviso would enable the Administrator to extend the restricted period on a proper showing of need for such extension, but would otherwise provide a general repeal clause to statutory and other restrictions governing the use of records by scholars and the public generally.

(c) Preservation, arrangement, exhibition, etc., of records or other documentary material.—This subsection as introduced into the Act, as part of title V, by section 6 (d) of Public Law 754 of the 81st Congress, approved September 5, 1950, read as follows:

“(c) The Administrator shall make provisions for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microcopy publications), description, and exhibition of records transferred to him as may be needful or appropriate, including the preparation and publication of inventories, indexes, catalogs, and other finding aids or guides facilitating their use; and, when approved by the National Historical Publications Commission, he may also publish such historical works and collections of sources as seem appropriate for printing or otherwise recording at the public expense."

The subsection as enacted in Public Law 754 continued in substance the provisions of preexisting law respecting the security, rehabilitation, arrangement, reproduction, and description of records transferred to the Administrator. The performance of the functions authorized by its provisions is essential to efficient and economical archival administration. The last part of the subsection permitted the Administrator to publish historical works approved by the National Historical Publications Commission whenever he deems it appropriate.

Subsection (0) of section 1 of Public Law 522 of the 82nd Congress, approved July 12, 1952, amended the above quoted text by inserting after "records" the words "or other documentary material", by inserting after "use;" the language "and he may also prepare guides and other finding aids to Federal records", and by deleting after "Commission" the words "he may also". One purpose of the amendment was to clarify the authority of the Administrator to preserve, duplicate, and exhibit documentary material, such as the personal papers of the President and other Government officials specified in section 507 (e) of the Act.

This documentary material may not technically constitute "records" when transferred, but becomes so when accepted. The amendment also authorized the Administrator to prepare guides and other finding aids to Federal records which may not have been transferred to him. Such authority has been included in annual appropriation acts for some years. Permanent authority will promote better records management.

(d) Servicing records.-This subsection continues authority in preexisting law for providing reference service on records in the custody of the Administrator. (e) Acceptance for deposit of personal papers of President and other high level Government officials, and of certain documents, including films, pictures, and sound recordings.-Paragraph (1) of this subsection is a new provision that would make it possible for the personal papers and other personal historical documentary materials (motion pictures, sound recordings, etc.) of the President and other high level Government officials to be preserved by the Government with related official records.

Documents of this character, when they can be properly released for scholarly research, frequently constitute the most valuable of all the source materials of history. Their preservation in official custody is highly desirable, but is not likely to occur unless adequate assurance is provided that their privacy will not be jeopardized for a reasonable period of time. The restriction on the use of such materials provided in this paragraph is designed to assure this privacy. Paragraph (2) of this subsection provides for the transfer of documents, including motion-picture films, still pictures, and sound recordings, from private sources that are appropriate for preservation by the Government. The provisions of law in effect prior to enactment of Public Law 754 permitted the acceptance from private sources of motion-picture films and sound recordings "pertaining to and illustrative of historical activities of the United States." Public Law 754 extended the categories of materials covered to include still pictures. The words "documents, including" appearing at the beginning of this paragraph and the comma following the word "recordings" were inserted by subsection (p) of section 1 of Public Law 522 of the 82d Congress, approved July 12, 1952. The purpose of inserting the term "documents" was to clarify the authority of the Administrator to accept from private sources appropriate documentary material relating to the operations of the Government. Prior to the amendment the paragraph provided that he might accept merely motion-picture films, still pictures, and sound recordings. The character of materials that may be accepted is, however, restricted to those that are appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, and transactions of the Government.

Title to the materials deposited under this subsection (e) shall vest in the United States.

(f) Making, preservation, reproducing, exhibiting, etc., of motion-picture films, still pictures, and sound recordings.-The first part of this subsection is new and authorizes 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 photographic or phonographic records are made, or, if made by commercial or other private concerns, are not made available for deposit with the written records of the event. This provision authorizes the Administrator to make a sound recording of an important speech, or a photograph or motion-picture of an official ceremony, and deposit the recording or photograph with official records in his custody.

The last part of this subsection provides a permanent statutory charter for certain activities relating to motion-picture films previously authorized by substantive language appearing in annual appropriation acts. They are extended by this provision to apply also to still pictures and sound recordings. The performance of these activities is essential to the proper preservation, administration, and use of motion-picture films, still pictures, and sound recordings.

REPORTS

SEC. 508. (a) The Administrator is hereby authorized, whenever he deems it necessary, to obtain reports from Federal agencies on their activities under the provisions of this title and the Act approved July 7, 1943 (57 Stat. 380-383), as amended July 6, 1945 (59 Stat. 434).

(b) The Administrator shall, whenever he finds that any proviions 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 are inaugurated within a reasonable time, the Administrator shall submit a written report thereon to the President and the Congress.

ANALYSIS

Section 508. Reports (as added by sec. 6 (d), 64 Stat. 583; 44 U. S. C. 398) (a) Reports from Federal agencies on their activities.-This subsection authorizes the Administrator to obtain reports from Federal agencies on their activities under the provisions of this title and the Records Disposal Act. Such reports will facilitate the performance of the staff and coordinating functions vested in the Administrator by the provisions of title V.

(b) Action by Administrator regarding violations.-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.

LEGAL STATUS OF REPRODUCTIONS

SEC. 509. (a) Whenever any records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, or other processes, in accordance with standards established by the Administrator, the indefinite retention of such photographic, microphotographic, or other reproductions will be deemed to constitute compliance with the statutory requirement for the indefinite retention of such original records. Such reproductions, as well as reproductions made in compliance with regulations promulgated to carry out this title, shall have the same legal status as the originals thereof.

(b) There shall be an official seal for the National Archives of the United States which shall be judicially noticed. When any copy or reproduction, furnished under the terms hereof, is authenticated by such official seal and certified by the Administrator, such copy or reproduction shall be admitted in evidence equally with the original from which it was made.

(c) The Administrator may charge a fee not in excess of 10 per centum above the costs or expenses for making or authenticating copies or reproductions of materials transferred to his custody. All such fees shall be paid into, administered, and expended as a part of the National Archives Trust Fund provided for in section 5 of the Act approved July 9, 1941. There shall be no charge for making or authenticating copies or reproductions of such materials for official use by the United States Government: Provided, That reimbursement may be accepted to cover the cost of furnishing such copies or reproductions that could not otherwise be furnished.

ANALYSIS

Section 509. Legal status of reproductions (as added by sec. 6 (d), 64 Stat. 583; 44 U. S. C. 399)

(a) Reproduced records to have same legal status as originals.-The provisions of this subsection are new. Some paper records are required by statute to be retained indefinitely. This subsection makes certain that retention of the records on microfilm, rather than in paper form, will have statutory authorization; and also gives 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.

(b) National Archives seal; authentication of copies and reproductions.—This subsection continued the provisions of previous law with respect to an official seal of the National Archives of the United States and the admission in evidence of authenticated reproductions of records in the custody of the Administrator. Its provisions are necessary to provide adequately for the servicing of records.

(c) Fees for making or authenticating copies or reproductions.-This subsection continued the provisions of preexisting 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 reproductions that might be vital to the interest of the Government at times when funds necessary for furnishing them were unavailable to the Administrator.