The Code of Federal Regulations of the United States of America

served only on the Administrator of General Services, the Archivist of the United States, the General Counsel, a Regional Administrator or a Regional Counsel, as appropriate, or the manager of the Federal records center in which the records are stored. Any such demands will be reported to the agency whose records are involved.

(b) A subpoena duces tecum or other legal demand for the production of records designated as "archives" or "donated historical materials" administered by the National Archives and Records Service (§§ 105-61.001-2 and 10561.001-4) may be served only on the Administrator of General Services, the Archivist of the United States, the General Counsel, or the cognizant Assistant Archivist or, as appropriate, on a Regional Administrator, a Regional Counsel, a manager of a Federal records center, or a director of a Presidential library.

(c) When such subpoena or demand is served on any officer or employee of GSA other than as provided in paragraphs (a) and (b) of this § 105-60.701-2, he shall, unless otherwise directed by the Administrator, respectfully decline to produce such records on the ground that he is without authority under this Subpart 105-60.7 to do so.

[33 F.R. 4884, Mar. 22, 1968]

§ 105-60.702 Compliance with subpoena or other legal demand.

(a) Such served officials will comply with the subpoena or demand insofar as practicable by submitting authenticated copies of the records, or the original records if necessary. However, the records shall not be produced where to do so would be contrary to the governing policies stated in 5 U.S.C. 552 and Parts 105-60 and 105-61.

(b) The served official or the Administrator of General Services may determine that such demanded records will be denied. In the event of a determination to deny, the served official will be given the assistance of legal counsel in responding to the legal demand.

[32 F.R. 9564, July 1, 1967, as amended at 33 F.R. 4885, Mar. 22, 1968]

or Staff Office concerned, or his superiors, are authorized to authenticate and attest, for and in the name of the Administrator of General Services, copies or reproductions of the records. Appropriate fees will be charged for such copies or reproductions (see § 105-60.303 (d) (3) and (e)). With respect to records transferred to the National Archives and Records Service, authentication and attestation and fee procedures set forth in §§ 105-61.107 and 105-61.108 will be followed.

[33 F.R. 4885, Mar. 22, 1968]

archives records.

Application procedures. Rules governing use.

Copying services.

Information services.

105-61.104-1 105-61.104-2 105-61.105

105-61.106

105-61.106-1

105-61.106-2

Fees.

105-61.109

105-61.107 105-61.108

About records.

From records.

Authentication of copies.

Subpoenas and other legal demands.

105-61.4800 105-61.4801

Scope of subpart.

Location of records and hours and use.

AUTHORITY: The provisions of this Part 105-61 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 105-61 appear at 33 F.R. 4885, Mar. 22, 1968, unless otherwise noted.

§ 105-61.000 Scope of part.

This part prescribes rules and procedures governing the public use of records and donated historical materials that have been transferred to the National Archives and Records Service, GSA, but does not apply to current operating records of the Service. This part also prescribes rules and procedures governing the public use of certain facilities of the Service.

1950 (44 U.S.C. 392-401); namely, archives and Federal records center records, as those terms are defined in this § 105-61.001. The term "records" does not include current operating records of the National Archives and Records Service, the public availability of which is governed by Part 105-60, or donated historical materials, as defined and considered in this part.

§ 105-61.001-2 Archives.

"Archives" means official records that have been determined by GSA to have sufficient historical or other value to warrant their continued preservation by the U.S. Government, and have been accepted for deposit with the National Archives of the United States.

§ 105-61.001-3 Federal records center records.

"Federal records center records" (hereafter referred to as "FRC records") means records which, pending their deposit with the National Archives of the United States or their disposition in any other manner authorized by law, have been transferred to a Federal records center operated by GSA.

§ 105-61.001-4 Donated historical materials.

"Donated historical materials" means books, correspondence, documents, papers, pamphlets, magnetic tapes, pictures, photographs, plats, maps, films, motion pictures, sound recordings, and other documental media having historical or commemorative value accepted by GSA from a source other than an agency of the U.S. Government.

§ 105-61.001-5 Director.

"Director" means the head of a Presidential library, the head of an Office of the National Archives division, branch, or unit responsible for servicing records, the head of a Reference Service Branch in a Federal records center, or the head of the Archives Branch of the Washington National Records Center. § 105-61.001-6

Researcher.

"Researcher" means a person who has applied for access to records or donated historical materials, in accordance with § 105-61.101-3, and who has been issued a researcher identification card.

(a) Reseachers

General.

will normally use records in designated research rooms only.

(b) Original records will not normally be made available when microfilm copies are available.

(d) Records will not be furnished to a researcher under the age of 16 years unless he is accompanied by an adult researcher who agrees, in writing, to be present when the records are used and to be responsible for compliance with the research room rules set forth in § 105– 61.103.

§ 105-61.101-2 Location of records and hours of use.

(a) A prospective researcher should first ascertain the location of the records desired. Inquiries may be addressed to the Archivist of the United States, Washington, D.C. 20408.

(b) The locations and hours of duty (expressed in local time) of depositories administered by the National Archives and Records Service are shown in § 105-61.4801.

(c) Except for Federal holidays and other times specified by the Archivist, records will be made available according to the schedule set forth in § 105-61.4801.

(d) In addition to the times specified in § 105-61.4801, records may be made available at such other times as authorized by a director.

§ 105-61.101-3 Application procedures. (a) Applicants shall apply in person at the depository that has custody of the records sought and shall furnish, on a form provided for the purpose, information necessary for registration and for determining which records will be made available. Applicants shall furnish proper identification and, if applying for access to large quantities of records or to records that are especially fragile or valuable, shall upon request furnish a letter of reference or introduction.

(b) In advance of applying for the use of records, a prospective researcher is encouraged to determine from the appropriate depository whether the records

are available and whether their volume is sufficient to warrant a personal visit in lieu of reproduction.

(c) In addition to the procedures prescribed in this § 105-61.101-3, researchers desiring to apply for the use of archives records that contain defense-classified information shall follow procedures prescribed in § 105-61.104.

§ 105-61.101-4 Researcher identification card.

A researcher identification card will be issued to each person whose application is approved. The card will be valid for the use of records at only the depository where it was issued, and for a period of not more than 1 year, but it may be renewed upon application. Cards are not transferable and shall be produced when requested by a guard or research room attendant.

§ 105-61.102 Restrictions and appeals. § 105-61.102-1 Restrictions.

The use of records is subject to any restrictions specified in writing by the agency from which the records were transferred and to restrictions set forth by the Archivist of the United States in pertinent Restriction Statements. The use of FRC records that have been restricted by the agency from which the records were transferred is governed by access procedures prescribed by that agency.

§ 105-61.102-2 Denials and appeals.

Denials of use of records, except those made in the normal course of reference service, shall be made by the Deputy Archivist of the United States, in accordance with § 105-60.403, and any resulting appeals shall be made and conducted in accord with § 105-60.404.

When a researcher has completed his use of records, he shall return them to the research room attendant. When requested, researchers shall return records as much as 10 minutes before closing time. Before leaving a research room, even for a short period of time, a researcher shall notify the research room attendant and place all records in their proper containers.

§ 105-61.103-3 Prevention of damage to records.

The researcher shall exercise all possible care to prevent damage to records. Records shall not be used at a desk where there is a container of liquid or where a fountain pen is being used. Records shall not be leaned on, written on, folded anew, traced, fastened with paper clips or rubber bands, or handled in any way likely to cause damage. The use of records of exceptional value or in fragile condition shall be subject to any conditions specified by the research room attendant. § 105-61.103-4

of records.

Removal or mutilation

Researchers are subject to the provisions of Subpart 101-19.3, Conduct on Federal Property. Eating in a research room is prohibited. Smoking is prohibited except in designated smoking areas. Loud talking and other activities likely to disturb other researchers are also prohibited. Persons desiring to use typewriters, sound recording devices, or photocopying equipment shall work in areas designated by the research room attendant.

§ 105-61.103-6 Keeping records in order.

A researcher must keep unbound records in the order in which they are delivered to him. Records appearing to be in disorder should not be rearranged by

Access to archives records containing defense-classified information will be governed by Executive Order 10501 (3 CFR), as amended, particularly by Executive Order 10816 (3 CFR).

§ 105-61.104-1 Application procedures.

(a) Any person desiring permission to examine such records shall, sufficiently in advance, submit to the Archivist of the United States a completed application, a set of his fingerprints, and personal history data on forms that will be furnished. Applications will be referred by the Archivist to agencies having responsibility for the related defense programs and will be processed by those agencies in accord with Executive Order 10816. Records can be made available for examination only after each appropriate agency has authorized the Archivist to make them available.

(b) The requirement for submission of a fingerprint set or of personal history data may be waived for an applicant who has previously furnished those items. § 105-61.104-2 Rules governing use.

To guard against the possibility of unauthorized access to restricted records, a director may issue instructions supplementing the research room rules in § 105-61.103.

§ 105-61.105 Copying services.

The copying of records will normally be done by personnel of the National Archives and Records Service with equipment belonging to the Service. With the permission of a director, researchers may use their own copying equipment. Permission will be based on the director's determination that such use will not harm the records or disrupt reference activities. Equipment will be used under the supervision of personnel of the Service.

is not excessive, and provided that the information is not restricted (see § 10561.102). When so specified by a director, requests shall be made on prescribed forms.

§ 105-61.106-2 From records.

Normally, information contained in the records will be furnished in the form of photocopies of the records, subject to the provisions of § 105-61.105. The National Archives and Records Service will I certify facts and make administrative determinations on the basis of archives or FRC records when appropriate officials of other agencies have authorized GSA to do so. When similarly authorized, such certifications and determinations will be authenticated by the seal of GSA or by the seal of the National Archives of the United States.

§ 105-61.107 Authentication of copies. The responsible director, or any of his superiors, and the Director of the Federal Register are authorized to authenticate and attest copies of records.

Fees charged for the reproduction, certification, and authentication of records must be paid in advance, except when the appropriate director approves a request for handling them on an accounts receivable basis. Fees may be paid in cash or by check or money order made payable to GSA. Remittances from outside the United States should be made by international money order or check drawn in U.S. dollars on a bank in the United States or one of its territories or possessions.

§ 105-61.109 Subpoenas and other legal demands.

The handling of subpoenas duces tecum or other legal demands for records will be in accord with Subpart 105-60.7. Subpart 105-61.2-Public Use of Donated Historical Materials

§ 105-61.201 General.

The use of donated historical materials (as defined in 105-61.001-4) is governed by the provisions of Subpart 105-61.1, except that § 105-61.202 shall apply in lieu of § 105-61.102.

§ 105-61.202 Restrictions.

The public use of donated historical materials is subject to the following restrictions:

(a) Use is subject to all conditions specified by the donor or transferor of such materials or by the Archivist of the United States.

(b) Use must relate to a study that has a serious and useful purpose, as determined by the appropriate director.

(c) Publication of such materials, where the literary property right in the materials is vested in the Government, is prohibited without the written authorization of the appropriate director. (Researchers are encouraged to confer with directors on any question of literary property right.)

Subpart 105-61.3-Public Use of Facilities of the National Archives and Records Service

Facilities in the Archives Building include the exhibition hall, library, and theater as further described in this subpart. Additional conditions for use of these facilities are set out in § 105-61.306. § 105-61.302 The National Archives Exhibition Hall.

Unless otherwise directed by the Archivist of the United States, the National Archives Exhibition Hall is open to the public from 9 a.m. to 10 p.m. on weekdays and holidays and from 1 p.m. to 10 p.m. on Sundays. It is closed on Christmas and New Year's days. On Mondays through Fridays and before 5:15 p.m. on Saturdays, visitors may use either the Pennsylvania Avenue entrance, opposite Eighth Street, or the Constitution Avenue entrance; on Sundays and holidays and after 5:15 p.m. on Saturdays, the Constitution Avenue entrance only is open.

§ 105-61.303 The National Archives Library.

The National Archives Library is operated to meet the needs of researchers and GSA staff members. Other persons desiring to use library materials will generally be referred to public libraries and other possible sources of such materials.

§ 105-61.304 The National Theater.

Books