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APPENDIX I

RECENT LEGISLATION CONCERNING THE NATIONAL ARCHIVES1

NATIONAL ARCHIVES TRust Fund BOARD ACT, APPROVED JULY 9, 1941

[55 Stat. 581]

An Act to establish a National Archives Trust Fund Board and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Archives Trust Fund Board Act".

SEC. 2. The board is hereby created and established, to be known as the National Archives Trust Fund Board (hereinafter referred to as the "Board"), which shall consist of the Archivist of the United States, as Chairman, and the chairman of the House Library Committee and the chairman of the Senate Library Committee. Membership on the Board shall not be deemed to be an office within the meaning of the statutes of the United States.

SEC. 3. The Board is hereby authorized to accept, receive, hold, and administer such gifts or bequests of money, securities, or other personal property, for the benefit of or in connection with The National Archives, its collections, or its services, as may be approved by the Board.

SEC. 4. Any moneys or securities composing trust funds given or bequeathed to the Board shall be receipted for by the Secretary of the Treasury, who shall invest, reinvest, and retain such moneys or securities as the Board may from time to time determine. The Board shall not engage in any business or exercise any voting privilege which may be incidental to securities in such trust funds, nor shall the Secretary of the Treasury make any investments for the account of the Board which could not lawfully be made by a trust company in the District of Columbia, except that he may make any investment directly authorized by the instrument of gift or bequest under which the funds to be invested are derived, and may retain any investments accepted by the Board.

SEC. 5. The income from any trust funds held by the Board, and the money received and proceeds from the sale of securities and other personal property, as and when collected, shall be covered into the Treasury of the United States in a trust fund account to be known as the National Archives Trust Fund, subject to disbursement by the Division of Disbursement, Treasury Department, on the basis of certified vouchers of the Archivist or his duly authorized agent, except where otherwise restricted by the instrument of gift or bequest, for and in the interest of The National Archives, its collections, or its services, including but not restricted to the preparation and publication of special works and collections of sources and the preparation, duplication, editing, and release of historical

1

Other legislation still in force concerning The National Archives, including the National Archives Act (48 Stat. 1122-1124), the Federal Register Act (49 Stat. 500-503), and the resolution establishing the Franklin D. Roosevelt Library (53 Stat. 1062-1066), is printed in the Fifth Annual Report of the Archivist of the United States, 55-69, and the act concerning the disposal of photographed records (54 Stat. 958) is printed in the Seventh Annual Report, 47.

photographic materials and sound recordings. The Archivist may make sales of any such publications and releases authorized by this section and paid for out of the income derived from trust funds at a price which will cover their cost and 10 per centum added, and all moneys received from such sales shall be paid into, administered, and expended as a part of the trust fund account herein provided for.

SEC. 6. The Board shall have all the usual powers and obligations of a trustee with respect to all property and funds administered by it, but the members of the Board shall not be personally liable, except for malfeasance.

SEC. 7. Gifts and bequests received by the Board under the provisions of this Act, and the income therefrom, shall be exempt from all taxes.

SEC. 8. In carrying out the purposes of this Act, the Board shall have authority

(a) To adopt an official seal, which shall be judicially noticed; (b) To appoint, or to authorize the Archivist to appoint, without regard to the civil-service laws, all necessary employees, and to fix their duties; and (c) To adopt bylaws, rules, and regulations necessary for the administration of its functions under this Act.

SEC. 9. No compensation shall be paid to the members of the Board for their services as such members. All costs incurred by the Board in carrying out its duties under this Act, including the expenditures necessarily made by the members of the Board in the performance of their duties and the compensation of persons employed by the Board, shall be paid out of income from trust funds available to the Board for the purpose. Unless otherwise restricted by the instrument of gift or bequest, the Board, by resolution duly adopted, may authorize the Archivist to use for such purposes, or for any other purpose or purposes for which funds may be expended under this Act, the principal of any gift or bequest accepted under this Act.

SEC. 10. The Board shall submit to the Congress an annual report of the moneys, securities, and other personal property received and held by it and of its operations.

Approved, July 9, 1941.

EXTRACT FROM THE THIRD SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1942, APPROVED DECEMBER 17, 1941

[55 Stat. 822, 830]

National Archives

Salaries and expenses: For an additional amount for salaries and expenses, The National Archives, fiscal year 1942, including the objects and subject to the limitations specified under this heading in the Independent Offices Appropriation Act, 1942, $73,500.

**

For supplemental appropriations for the fiscal year ending June 30, 1942, on account of the enactment of the Act of August 1, 1941 (Public Law Numbered 200, Seventy-seventh Congress), amending the Classification Act of 1923, as amended, and Executive Order Numbered 8882, issued September 3, 1941, under the authority of said Act, and on account of Executive Order Numbered 8842, issued August 1, 1941, to be added to and become a part of the appropriations available during said fiscal year under the following appropriation titles, namely:

For "Salaries and expenses, National Archives, 1942", $11,382.

ACT CONCERNING THE DISPOSAL OF RECORDS, APPROVED AUGUST 5, 1939, AS AMENDED MARCH 13, 1942

[53 Stat. 1219–1221; 56 Stat. 170]

An Act to provide for the disposition of certain records of the United States Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any agency of the United States Government has in its custody an accumulation of records that are not needed by it in the transaction of its current business and that appear to it to have no permanent value or historical interest, the head of such agency shall submit a written report thereon to the Archivist of the United States in which he shall state the location and describe the character of such records so as to enable the Archivist to identify them. Said report shall be submitted in triplicate and shall be accompanied by samples of the several kinds of records listed therein.

SEC. 2. When used in this Act, the word "records" means originals or copies of motion-picture or other photographic records in any form whatsoever, sound recordings, correspondence, papers, indexes, maps, charts, plans, drawings, punch cards, tabulation sheets, pictures, and other kinds of records belonging to the United States Government.

SEC. 3. The Archivist, with the approval of the National Archives Council, shall submit to Congress, at such times as he shall deem expedient, lists of records reported to him in the manner prescribed by section 1 of this Act that appear to him to have no permanent value or historical interest to the Federal Government.

SEC. 4. Whenever the Archivist shall submit to Congress, in compliance with the provisions of section 3 of this Act, lists of records that appear to him to have no permanent value or historical interest to the Federal Government, it shall be the duty of the presiding officer of the Senate to appoint two Senators who, with the members of the Committee on the Disposition of Executive Papers of the House of Representatives, shall constitute a joint committee, to which such lists shall be referred, and said joint committee shall meet and examine said lists and submit to the Senate and House of Representatives, respectively, a report of such examination and their recommendation.

SEC. 5. If such joint committee report that any of the records described in the lists referred to them are not needed or useful in the transaction of the current business of the agency by which they were reported to the Archivist and have no permanent value or historical interest to the Federal Government, then it shall be the duty of the head of said agency to dispose of said records by one of the following methods:

(a) By sale, upon the best obtainable terms after due publication of notice inviting proposals therefor;

(b) By causing them to be destroyed;

(c) By transfer (without cost to the United States Government) to any State or dependency of the United States of America or to any appropriate educational institution, library, museum, historical, research, or patriotic organization therein, that has made application to him therefor, through the Archivist of the United States. All moneys derived from the sale of such records shall be paid into the Treasury of the United States by said agency. If said joint committee shall fail to make a report during any regular or special session of Congress on any list of records that has been submitted to Congress by the Archivist not less than ten days prior to the adjournment of

such session, the Archivist may empower the agency by which such records were reported to him to dispose of them by any of the methods prescribed in this section.

If it shall appear to the Archivist that any records reported to him in the manner precribed by section 1 of this Act, while Congress is not in session, have no permanent value or historical interest and have the same form numbers or form letters or are of the same specific kind as other records of the same agency previously authorized for disposition by Congress, he may empower said agency to make disposition of said similar records by any of the methods prescribed in this section.

The Archivist shall submit to Congress at the beginning of each session a descriptive list of all records authorized for disposition by him during the preceding recess of Congress.

SEC. 6. When any records of the United States Government have been transferred in accordance with the provisions of paragraph (c) of section 5 of this Act, the head of the agency making such disposition shall submit a written report thereon to The Archivist of the United States in which he shall describe the character and volume of such records and give the names and post-office addresses of all institutions, associations, or other organizations to which they have been transferred.2

SEC. 7. Whenever the Archivist shall determine that any records in his custody, or which have been reported to him by any agency under the terms of section 1 of this Act, are a continuing menace to human health or life or to property, he shall cause such records to be destroyed immediately at such place and by such method as he shall select: Provided, however, That if said records have been transferred to his custody, he shall report the disposition thereof to the Congress and to the agency from which they were transferred.*

SEC. 8. Whenever it shall appear to the Archivist that there are in his custody any records that are without permanent value or historical interest to the Federal Government he shall submit lists thereof to Congress in the manner provided by section 3 of this Act: Provided, however, That the Archivist shall not report to Congress, under the provisions of this section, records of any existing agency of the United States without the written consent of the said agency."

SEC. 9. The procedures herein prescribed to be followed are exclusive, and no records of the United States Government may be alienated or destroyed except by authority sought and obtained under the provisions of this Act."

Sec. 10. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed."

2 As amended March 13, 1942. This section in the original act read as follows: "When any records of the United States Government have been disposed of in accordance with the provisions of section 5 of this Act, the head of the agency making such disposition shall submit a written report thereon to the Archivist of the United States in which he shall describe the character and volume of such records and state when and by what method the disposition thereof was accomplished. If any of the records described in a particular report are shown thereby to have been sold, such report shall give the amount of the purchase price received therefor and the total cost of effecting such sales. Said report shall also give the names and post-office addresses of all institutions, associations, or other organizations to which any records therein described have been transferred."

3 These sections of the original act were numbered 8, 9, 10, and 11 respectively. Section 7 of that act, which was repealed by the amending act, read as follows: "The Archivist of the United States shall transmit to Congress, at the beginning of each regular session, a concise summarization of the data contained in the reports filed with him by heads of agencies of the Government during the preceding fiscal year in compliance with the provisions of section 6 of this Act."

EXTRACT FROM AN ACT CONCERNING THE DISPOSITION OF RECREATIONAL DEMONSTRATION PROJECTS, APPROVED JUNE 6, 1942

[56 Stat. 326]

SEC. 2. From and after the date of this. Act, the lands acquired for the Acadia, French Creek, Shenandoah, and White Sands recreational demonstration projects shall be added to and become a part of Acadia National Park, Hopewell Village National Historic Site, Shenandoah National Park, and White Sands National Monument, in the order named above, subject to all laws, rules, and regulations applicable to the respective areas to which such recreational demonstration projects are added: Provided, That within six months after the date of this Act the Secretary of the Interior shall file with The National Archives a map of each recreational demonstration project enumerated in this section.

EXTRACT FROM THE INDEPENDENT OFFICES APPROPRIATION ACT, 1943,
APPROVED JUNE 27, 1942

[56 Stat. 414]

National Archives

Salaries and expenses: For expenses necessary in carrying out the provisions of the Act of June 19, 1934 (40 U. S. C. 231); the Act of July 26, 1935 (44 U. S. C. 301); the Act of July 18, 1939 (53 Stat. 1062); the Act of August 5, 1939 (44 U. S. C. 351); and the Act of September 24, 1940 (54 Stat. 958); including personal services in the District of Columbia; supplies and equipment, including scientific, technical, first-aid, protective, and other apparatus and materials for the arrangement, titling, scoring, repair, processing, editing, duplication, reproduction, and authentication of photographic and other records (including motion-picture and other films and sound recordings) in the custody of the Archivist; purchase and exchange of books, including lawbooks, books of reference, maps, and charts; contract stenographic reporting services; purchase of newspapers, and periodicals; not to exceed $100 for payment in advance when authorized by the Archivist for library membership in societies whose publications are available to members only or to members at a price lower than to the general public; not to exceed $4,400 for travel expenses; exchange of scientific and technical apparatus and labor-saving devices; repairs to equipment; and maintenance, operation, and repair of one passenger-carrying motor vehicle, $1,032,725.

Printing and binding: For all printing and binding, $12,400.
Total, The National Archives, $1,045,125.

AMENDMENT TO THE FEDERAL REGISTER ACT, APPROVED DECEMBER 10, 1942

[56 Stat. 1045]

An Act to suspend for the duration of the war certain requirements of section 11 (a) of the Federal Register Act of 1935.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions contained in the first sentence of section 11 (a) of the Federal Register Act (Act of July 26, 1935, 49 Stat. 503, as amended, U. S. C., title 44, sec. 311) are hereby suspended until such time after the termination of the present war as the Administrative Committee of the Federal Register shall determine. The publication of a cumu

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