[S. 3447]

AN ACT

To amend an Act entitled "An Act to authorize the collection and editing of official papers of the Territories of the United States now in the National Archives", approved March 3, 1925, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act entitled "An Act to authorize the collection and editing of official papers of the Territories of the United States now in the National Archives", approved March 3, 1925, as amended by the Act approved February 28, 1929 (U. S. C., Supp. 7, title V, sec. 168a), be, and the same is hereby, amended to read as follows:

"168a. The Public Printer shall print, bind, and deliver to the Superintendent of Documents, for distribution as may be directed by the Secretary of State, one thousand two hundred and twentyseven copies of each volume of the Official Papers Relating to the Territories of the United States, of which not to exceed three copies shall be furnished to the Vice President and each Senator and one copy to each Representative, Delegate, and Resident Commissioner; four copies to the library of the Department of the Interior; and one copy of each volume to those historical associations, commissions, museums, or libraries and other nondepository libraries, which shall not exceed eight in number within each State, Territory, or insular possession, and which have been or hereafter may be designated by the Governor thereof to the Secretary of State of the United States, and the residue of the said one thousand two hundred and twentyseven copies shall be for the Department of State for such use as the Secretary of State may deem appropriate.

"168b. In addition to the foregoing there shall be furnished to the Superintendent of Documents a sufficient number of copies of each volume for distribution to such depository libraries as may make written application therefor; and

To the Library of Congress for international exchange and for official use in Washington, District of Columbia, not to exceed one hundred and fifty copies.

The "usual number" shall not be printed.

"168c. The historical associations, commissions, museums, or libraries and other nondepository libraries within each State, Territory, or insular possession which have been or hereafter may be designated by the Governor thereof to receive these publications shall, during their existence, receive the succeeding volumes, the distribution of which shall be made by the Superintendent of Documents in accordance with the lists of designations transmitted to him by the Secretary of State, and a new designation may be made by the Governor only when a designated association, commission, museum, or library shall cease to exist or other designation may be authorized by law

"168d. For defraying the expenses to be incurred in carrying out the provisions of this Act, including the employment, either in or outside of the District of Columbia, of not to exceed five historical experts, especially informed on the various phases of the territorial history of the United States, without regard to the Classification Act of 1923, as amended, and the civil-service rules, and for all other purposes, including salaries for personnel, printing and binding, contingent expenses and traveling expenses, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not more than the sum of $125,000, and under this authorization not more than $50,000 shall be appropriated for any one year."

Approved, February 14, 1936.

[PUBLIC-No. 756-74TH CONGRESS]

[H. R. 12410]

AN ACT

To amend section 8 of the Act entitled "An Act to establish a National Archives of the United States Government, and for other purposes", approved June 19, 1934.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Act entitled "An Act to establish a National Archives of the United States Government, and for other purposes", approved June 19, 1934 (48 Stat. 1123; U. S. C., title 40, ch. 2A, sec. 238) be, and the same is hereby, amended to read as follows:

"The National Archives shall have an official seal, which shall be judicially noticed.

"The Archivist of the United States may make or reproduce and furnish authenticated or unauthenticated copies of any of the documentary, photographic or other archives or records in his custody that are not exempt from examination as confidential or protected by subsisting copyright, and may charge therefor a fee sufficient to cover the cost or expenses thereof. There shall be no charge for the making or authentication of such copies or reproductions furnished to any department or other agency of the Government for official use. When any such copy or reproduction furnished under the terms hereof is authenticated by the official seal of The National Archives and certified by the Archivist of the United States, or in his name attested by the head of any office or the chief of any division of The National Archives designated by the Archivist with such authority, it shall be admitted in evidence equally with the original from which it was made."

Approved, June 22, 1936.

[CHAPTER 284-1ST SESSION]

[H. R. 4841]

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 int est 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 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.

[CHAPTER 89-2D SESSION]

[H. R. 1350)

AN ACT

To amend the Act entitled "An Act to establish a National Archives of the United States Government, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to establish a National Archives of the United States Government, and for other purposes", approved June 19, 1934 (48 Stat. 11221124), as amended, is hereby amended as follows:

(A) By striking out the proviso in section 3, and by inserting in lieu thereof the following language: "Provided, That whenever the head of any agency shall specify in writing restrictions on the use or examination of records being considered for transfer from his custody to that of the Archivist that appear to him to be necessary or desirable in the public interest, the Archivist shall impose such restrictions on such of the records as are transferred to his custody; and restrictions so imposed shall not be removed or relaxed by the Archivist without the concurrence in writing of the head of the agency from which the material shall have been transferred unless the existence of that agency shall have been terminated: And provided further, That restrictions on the use or examination of records in the custody of the Archivist heretofore imposed and now in force and effect under the terms of section 3 of the National Archives Act, approved June 18, 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 Archivist with the concurrence in writing of the head of the agency from which the material has been transferred or by the Archivist alone if the existence of that agency shall have been terminated."

(B) By inserting after section 6 a new section as follows:

"SEC. 6a. Whenever any records the use of which is subject to statutory limitations and restrictions are transferred to the custody of the Archivist of the United States, permissive and restrictive statutory provisions with respect to the examination and use of such records applicable to the head of the agency having custody of them or to employees of that agency shall thereafter likewise be applicable to the Archivist of the United States and to the employees of the National Archives Establishment, respectively."

(C) By inserting after section 8 a new section as follows:

"SEC. 8a. Any official of the United States Government who is authorized to make certifications or determinations on the basis of records in his custody is hereby authorized to make certifications or determinations on the basis of records that have been transferred by him or his predecessors to the custody of the Archivist of the United States."

Approved March 3, 1948.