B-198733, MAY 20, 1985

B-198733, MAY 20, 1985

PRECIS-UNAVAILABLE

THE HONORABLE JACK BROOKS: CHAIRMAN, COMMITTEE ON GOVERNMENT OPERATIONS HOUSE OF REPRESENTATIVES

DEAR MR. CHAIRMAN:

YOUR LETTER OF FEBRUARY 27, 1985, REQUESTED OUR VIEWS ON THE PROVISIONS OF H.R. 1236, A BILL FOR IMPROVING THE PROVISIONS OF LAW RELATING TO FORMER PRESIDENTS, AND FOR OTHER PURPOSES. THE BILL PROPOSES AMENDMENTS TO THE PRESIDENTIAL LIBRARIES ACT OF 1955, THE FORMER PRESIDENTS ACT OF 1958, THE PRESIDENTIAL TRANSITION ACT OF 1963, AND THE PRESIDENTIAL RECORDS ACT OF 1978.

WE HAVE MADE COMMENTS AND RECOMMENDATIONS TO THE CONGRESS ON MATTERS PERTAINING TO FORMER PRESIDENTS ON SEVERAL OCCASIONS IN RECENT YEARS. OUR COMMENTARY WAS BASED PRIMARILY ON ONE OF OUR PREVIOUS REPORTS ENTITLED AUDIT OF FORD-CARTER PRESIDENTIAL TRANSITION EXPENDITURES (GGD 78-36, DEC. 23, 1977). WE HAVE ALSO TESTIFIED ON MATTER PERTAINING TO FORMER PRESIDENTS ON FIVE OCCASIONS SINCE 1979. MANY OF THE AMENDMENTS PROPOSED IN H.R. 1236 ARE CONSISTENT WITH OUR PRIOR COMMENTS AND RECOMMENDATIONS. HOWEVER, WE BELIEVE THE BILL RAISES SEVERAL ISSUES, PRIMARILY RELATED TO PRESIDENTIAL LIBRARIES, WHICH SHOULD BE CLARIFIED OR REVISED. THESE ISSUES, ALONG WITH OUR RECOMMENDED AMENDMENTS ARE PRESENTED BELOW.

PRESIDENTIAL LIBRARIES

WITH THE PASSAGE OF THE PRESIDENTIAL RECORDS ACT OF 1978, ALL RECORDS RELATING TO A PRESIDENT'S TERM OF OFFICE ARE GOVERNMENT PROPERTY. SUCH, THE GOVERNMENT MUST STORE, PRESERVE, AND MAKE AVAILABLE TO THE PUBLIC THE OFFICIAL PRESIDENTIAL PAPERS OF EVERY PRESIDENT BEGINNING WITH PRESIDENT REAGAN. ON FEBRUARY 23, 1984, WE TESTIFIED ON THIS SUBJECT BEFORE THE SUBCOMMITTEE ON GOVERNMENT INFORMATION, JUSTICE, AND AGRICULTURE OF YOUR HOUSE COMMITTEE ON GOVERNMENT OPERATIONS. WE STATED THAT, SINCE THE PRIMARY OBJECTIVE OF PRESIDENTIAL LIBRARIES IS TO PRESERVE PRESIDENTIAL MATERIALS AND THE HERITAGE THEY REPRESENT, FORMER PRESIDENTS SHOULD, AT A MINIMUM, BE ALLOCATED SUFFICIENT SPACE TO ARCHIVE ALL THEIR VALUABLE MATERIALS. IF A DONATED PRESIDENTIAL LIBRARY IS TOO SMALL TO ACCOMMODATE THE PRESIDENTIAL MATERIALS, THE GOVERNMENT WILL HAVE TO BUY, BUILD, LEASE, OR FIND WITHIN EXISTING INVENTORY THE ADDITIONAL SPACE REQUIRED.

IN GENERAL, WE SUPPORT THE PROVISIONS OF TITLE I OF H.R. 1236 AND BELIEVE THE PROVISIONS WOULD HELP CONTROL FUTURE COST GROWTH IN THE PRESIDENTIAL LIBRARY SYSTEM. HOWEVER, WE BELIEVE THAT SIX ISSUES IN THE BILL PERTAINING TO PRESIDENTIAL LIBRARIES NEED TO BE CLARIFIED OR REVISED.

RECENT CHANGES IN U.S.C. NOT RECOGNIZED

IN PROPOSING AMENDMENTS TO EXISTING PRESIDENTIAL LIBRARY LEGISLATION, H.R. 1236 DOES NOT USE THE CORRECT DESIGNATION FOR CITED SECTIONS OF TITLE 44 OF THE UNITED STATES CODE. ALSO, THE BILL DOES NOT RECOGNIZE THAT AUTHORITY, DUTIES, AND RESPONSIBILITIES CONCERNING THE MAINTENANCE, OPERATION, AND PROTECTION OF PRESIDENTIAL LIBRARIES PREVIOUSLY HELD BY THE ADMINISTRATOR OF GENERAL SERVICES HAVE BEEN TRANSFERRED TO THE ARCHIVIST OF THE UNITED STATES. CONSEQUENTLY, SEVERAL CHANGES TO H.R. 1236 ARE NECESSARY TO CLEARLY SHOW WHAT SECTIONS OF THE CODE ARE TO BE AMENDED AND TO ASSURE THAT RECENT CHANGES IN THE ROLES OF THE ARCHIVIST AND THE ADMINISTRATOR OF GENERAL SERVICES ARE NOT INADVERTENTLY REVERSED.

THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT OF 1984 (PUBLIC LAW 98-497, OCTOBER 19, 1984) AMENDED THE PROVISIONS IN CHAPTER 21, TITLE 44, U.S.CODE, PERTAINING TO PRESIDENTIAL LIBRARIES BY REDESIGNATING SECTIONS 2103 THROUGH 2114 AS SECTIONS 2107 THROUGH 2118. THEREFORE, WE RECOMMEND SECTION 101(B) OF H.R 1236 BE REVISED BY SUBSTITUTING "SECTION 2112(A)" FOR "SECTION 2108(A)," AND THAT THE REFERENCE TO "SECTION 2107" IN THE REDESIGNATED SECTIONS 2112(A)(2) BE CHANGED TO READ "SECTION 2111."

THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ACT OF 1984 TRANSFERRED THE NATIONAL ARCHIVES AND RECORDS SERVICE FROM THE GENERAL SERVICES ADMINISTRATION TO THE NEWLY CREATED NATIONAL ARCHIVES AND RECORDS ADMINISTRATION UNDER THE DIRECTION OF THE ARCHIVIST OF THE UNITED STATES, EFFECTIVE APRIL 1, 1985. SECTION 103 OF THE ACT PROVIDES THAT ALL FUNCTIONS PERTAINING TO THE MAINTENANCE, OPERATION, AND PROTECTION OF A PRESIDENTIAL ARCHIVAL DEPOSITORY PREVIOUSLY ASSIGNED TO THE ADMINISTRATOR OF GENERAL SERVICES WILL BE EXERCISED BY THE ARCHIVIST OF THE UNITED STATES IN THE FUTURE.

THE ACT REVISED 44 U.S.C. 2107 THROUGH 2118, AS DESIGNATED BY THE ACT, TO TRANSFER ALL AUTHORITY, DUTIES AND RESPONSIBILITIES CODIFIED IN THESE SECTIONS PREVIOUSLY ASSIGNED TO THE ADMINISTRATOR TO THE ARCHIVIST. THEREFORE, WE RECOMMEND THAT IN SECTION 101(B) OF H.R 1236, "ARCHIVIST" BE SUBSTITUTED FOR "ADMINISTRATOR OF GENERAL SERVICES" AND "ADMINISTRATOR" WHERE THEY APPEAR IN THE PROPOSED AMENDMENT TO SECTION 2112(A)(1), (3), (4), (5), (6), AND (8), AS REDESIGNATED ABOVE. FURTHER, WE RECOMMEND THAT THE PROPOSED AMENDMENT TO SECTION 2112(A)(2), AS REDESIGNATED ABOVE, BE REVISED TO READ:

"(2) THE ARCHIVIST, IN CONSULTATION WITH THE COMMISSIONER OF THE PUBLIC BUILDINGS SERVICE, ..."

STANDARDS

SECTION 101 OF THE BILL WOULD AMEND 44 U.S.C. 2112(A)(2), AS REDESIGNATED ABOVE, TO STATE

"... THE ADMINISTRATOR (OF GENERAL SERVICES), IN CONSULTATION WITH THE ARCHIVIST OF THE UNITED STATES AND COMMISSIONER OF THE PUBLIC BUILDINGS SERVICE, SHALL PROMULGATE ARCHITECTURAL AND DESIGN STANDARDS APPLICABLE TO PRESIDENTIAL ARCHIVAL DEPOSITORIES ..."

WE AGREE THAT SUCH STANDARDS SHOULD BE ESTABLISHED. IN TESTIMONY ON NOVEMBER 9, 1983, BEFORE THE SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS, WE DISCUSSED THE NEED FOR MORE SPECIFIC GUIDANCE, ESPECIALLY ON ENGINEERING AND CONSTRUCTION STANDARDS, AND WE SUGGESTED THAT SUCH STANDARDS COULD BE USED AS A TOOL TO CONTROL LIFE-CYCLE COSTS.

ALTHOUGH THE BILL WOULD REQUIRE THE PROMULGATION OF ARCHITECTURAL AND DESIGN STANDARDS, WE BELIEVE IT SHOULD REQUIRE THE PROMULGATION OF ENGINEERING AND CONSTRUCTION STANDARDS AS WELL. THESE STANDARDS WOULD HAVE THE GREATEST EFFECT ON FUTURE BUILDING OPERATION COSTS AND WOULD PROVIDE GREATER COST CONTROL POTENTIAL THAN ARCHITECTURAL AND DESIGN STANDARDS ALONE. THEREFORE, IN ADDITION TO CHANGES IN RESPONSIBILITY AND SECTION REDESIGNATION RECOMMENDED ON PAGE 2, WE RECOMMEND THAT, IN LIEU OF CALLING FOR "ARCHITECTURAL AND DESIGN STANDARDS AND CONSTRUCTION STANDARDS." WE ALSO RECOMMEND THAT THIS SAME CHANGE BE MADE IN PARAGRAPHS (5)(B) AND (6)(A) OF PROPOSED SECTION 2112(A), AS REDESIGNATED ABOVE, WHERE THE STANDARDS ARE ALSO MENTIONED.

SIZE LIMITATION

PROPOSED SECTIONS 2112(A)(4), AS REDESIGNATED ABOVE, WOULD LIMIT FUTURE PRESIDENTIAL LIBRARIES TO (1) A SINGLE BUILDING HOUSING BOTH THE ARCHIVAL AND MUSEUM ACTIVITIES AND (2) A SIZE OF 40,000 SQUARE FEET. THEORETICALLY, THIS PROVISION WOULD HELP CONTROL THE OPERATING COSTS OF FUTURE LIBRARIES. HOWEVER, WE QUESTION THE REASONABLENESS OF LIMITING THE SIZE OF FUTURE LIBRARIES TO 40,000 SQUARE FEET.

IN OUR AUGUST 10, 1981, COMMENTS TO THE CHAIRMAN, SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS, ON PROPOSED LEGISLATION (S. 1325) WHICH WOULD HAVE LIMITED PRESIDENTIAL LIBRARIES TO 40,000 SQUARE FEET, WE STATED THAT THIS SPACE SHOULD BE ADEQUATE. HOWEVER, ON MAY 7, 1984, IN COMMENTS TO YOU ON H.R. 4786, WHICH ALSO WOULD HAVE LIMITED THESE LIBRARIES TO 40,000 SQUARE FEET, WE CHANGED OUR POSITION. AFTER CONSIDERING THE VOLUME OF DOCUMENTS AND MATERIAL THAT ARE STORED IN EXISTING PRESIDENTIAL LIBRARIES, THE INCREASED NEED FOR SPACE AFTER EXISTING LIBRARIES WERE CONSTRUCTED, AND THE PROBABLE LARGE VOLUME TO BE STORED IN FUTURE LIBRARIES, WE BELIEVE THE 40,000 SQUARE FEET LIMITATION IS TOO ARBITRARY.

WE NOW FEEL ANY SPECIFIC SQUARE FOOT LIMITATION WOULD BE INAPPROPRIATE AND THAT THE SIZE OF FUTURE LIBRARIES SHOULD BE BASED ON CAREFUL ASSESSMENTS OF THE VOLUME OF DOCUMENTS AND MATERIAL EITHER GENERATED OR EXPECTED TO BE GENERATED DURING THE APPLICABLE PRESIDENT'S TERM OF OFFICE. THE VOLUME WOULD, OF COURSE, VARY IN ACCORDANCE WITH THE NUMBER OF YEARS THE FORMER PRESIDENT WAS IN OFFICE AND THE NUMBER AND DURATION OF HISTORICAL EVENTS THAT OCCURRED DURING THIS TIME.

ALTHOUGH WE DO NOT BELIEVE A FIXED SQUARE FOOT LIMITATION SHOULD BE SPECIFIED IN LEGISLATION, WE DO FAVOR CONTROLLING THE SIZE OF FUTURE PRESIDENTIAL LIBRARIES. IN OUR FEBRUARY 23, 1984, TESTIMONY BEFORE THE SUBCOMMITTEE ON GOVERNMENT INFORMATION, JUSTICE, AND AGRICULTURE OF YOUR HOUSE COMMITTEE ON GOVERNMENT OPERATIONS, WE SUGGEST THAT DESIGN AND CONSTRUCTION STANDARDS BASED ON THE ANTICIPATED VOLUME OF MATERIALS TO BE STORED SHOULD BE USED TO CALCULATE THE ALLOWABLE SPACE FOR EACH LIBRARY.

WE ALSO SUGGESTED THAT THESE STANDARDS BE ENFORCED DURING CONSTRUCTION TO ENSURE THAT EXCESSIVE COSTS ARE NOT BUILT INTO THE STRUCTURE. WE BELIEVE THAT REQUIRING DESIGN STANDARDS WOULD NEGATE THE NEED FOR A LEGISLATED SIZE LIMITATION AND PROVIDE GUIDELINES FOR THE MOST EFFICIENT AND ECONOMICAL BUILDING POSSIBLE WHILE STILL MEETING THE ARCHIVAL, PRESERVATION, AND RESEARCH NEEDS.

IN OUR FEBRUARY 23 TESTIMONY, WE STATED THAT FORMER PRESIDENTS AND/OR THEIR SUPPORTERS SHOULD BE REQUIRED TO FINANCE ANY COSTS CREATED BY FACILITIES EXCEEDING THE ALLOWABLE SPACE REQUIREMENT OR DESIGN STANDARDS. WE BELIEVE THAT THE COSTS TO THE FEDERAL GOVERNMENT SHOULD BE CLEARLY DELINEATED AND THAT ANY EXCESS COSTS SHOULD BE COVERED BY THE LIBRARY DONORS.

ENDOWMENT

PROPOSED SECTION 2112(A)(3), AS DESIGNATED ABOVE, PROVIDES THAT

"THE ADMINISTRATION OF GENERAL SERVICES SHALL NOT ACCEPT OR TAKE TITLE TO ANY SUCH LAND, BUILDINGS, OR EQUIPMENT UNLESS THERE HAS BEEN ESTABLISHED AN ENDOWMENT OF SUCH VALUE AS THE ADMINISTRATOR DETERMINES TO BE NECESSARY TO PROVIDE SUFFICIENT INCOME, WHEN COMBINED WITH ANTICIPATED ADMISSION FEES, TO COVER ALL ADMINISTRATIVE AND OPERATIONAL COSTS OF THE PROPOSED DEPOSITORY, OTHER THAN THOSE COSTS WHICH WOULD NORMALLY BE BORNE BY THE FEDERAL GOVERNMENT IN THE ABSENCE OF A PRESIDENTIAL ARCHIVAL DEPOSITORY."

IN OUR FEBRUARY 23 TESTIMONY, WE RAISED A NUMBER OF QUESTIONS CONCERNING HOW THE ENDOWMENT APPROACH WOULD BE IMPLEMENTED. FOR EXAMPLE: WILL THE GOVERNMENT RETAIN FULL CONTROL OVER THE EXPENDITURE OF THE ENDOWMENT FUNDS? WHO WILL COVER REMODELING, RENOVATION, AND EXPANSION COSTS? IF A PORTION OF THE BUILDING IS DESTROYED OR DAMAGED, WHO WILL BE RESPONSIBLE FOR COSTS ASSOCIATED WITH REBUILDING THE FACILITY? ALSO, WHAT ARE THE SPECIFIC TERMS TO BE USED IN CALCULATING THE ENDOWMENT? IS THE ENDOWMENT TO BE FOR PERPETUITY OR SOME SPECIFIC PERIOD OF TIME? SINCE THE GOVERNMENT DOES NOT NOW OPERATE A TRUE PRESIDENTIAL ARCHIVAL DEPOSITORY BUT RATHER SEVERAL DONATED PRESIDENTIAL LIBRARIES, THE PROVISIONS OF H.R. 1236 ARE UNCLEAR AS TO EXACTLY WHAT THE NORMAL COSTS FOR OPERATING SUCH A FACILITY WOULD, OR SHOULD, BE OR SPECIFICALLY WHAT COSTS WOULD BE INCLUDED IN CALCULATING A NORMAL COST.

WE ALSO BELIEVE IT HIGHLY UNLIKELY THAT THE AMOUNT OF ENDOWMENT NEEDED TO COVER ADMINISTRATIVE AND OPERATIONAL COSTS CAN BE PRECISELY CALCULATED BECAUSE OF THE UNCERTAINTY OF FUTURE RETURNS ON INVESTMENT AND THE MAGNITUDE OF INFLATION-DRIVEN GROWTH IN OPERATING COSTS. WE THEREFORE BELIEVE THAT TERMS FOR THESE AND OTHER CONTINGENCIES NEED TO BE ADDRESSED IN THE LEGISLATION.

H.R. 1236 ALSO WOULD NOT REQUIRE THAT SEPARATE TRUST FUND ACCOUNTS BE SET UP FOR THE LIBRARY ENDOWMENTS, NOR WOULD IT RESTRICT THE COSTS FOR WHICH THE ENDOWMENT INCOME COULD BE SPENT. WE RECOMMEND THAT THE FOLLOWING PROVISION BE ADDED TO PROPOSED SECTION 2112(A)(3), AS REDESIGNATED ABOVE, TO PROVIDE INTERNAL CONTROLS OVER THE USE OF ENDOWMENT FUNDS.

"THE ARCHIVIST SHALL PROVIDE FOR THE ESTABLISHMENT IN SUCH TRUST FUND SEPARATE ENDOWMENTS FOR THE MAINTENANCE OF PRESIDENTIAL ARCHIVAL DEPOSITORY LAND, BUILDINGS, AND EQUIPMENT, TO WHICH SHALL BE CREDITED ANY GIFTS OR BEQUESTS RECEIVED UNDER PARAGRAPH (1) THAT ARE OFFERED FOR THAT PURPOSE. INCOME TO EACH SUCH ENDOWMENT SHALL BE AVAILABLE TO COVER THE COST OF MAINTENANCE AND UTILITIES, BUT SHALL NOT BE AVAILABLE FOR THE PERFORMANCE OF ARCHIVAL FUNCTIONS UNDER THIS TITLE."

WE ALSO RECOMMEND THAT THE ARCHIVIST BE REQUIRED TO INCLUDE IN THE PROSPECTUS FOR A PROPOSED PRESIDENTIAL LIBRARY A STATEMENT OF HOW THE ARCHIVIST DETERMINED THE ENDOWMENT OFFERED WOULD GENERATE SUFFICIENT INCOME TO COVER COSTS OTHER THAN THOSE WHICH WOULD NORMALLY BE BORNE BY THE FEDERAL GOVERNMENT IN THE ABSENCE OF A PRESIDENTIAL LIBRARY. THIS WOULD ASSURE THE CONGRESS THAT THE ARCHIVIST HAD ASSESSED THE ADEQUACY OF THE PROPOSED ENDOWMENT. IT WOULD ALSO INFORM THE COGNIZANT COMMITTEES OF THE ANALYTICAL METHODS USED AND THE ASSUMPTIONS MADE IN SUCH AN ASSESSMENT.

FINALLY, H.R. 1236 WOULD CLEARLY REQUIRE AN ENDOWMENT WHEN LAND, BUILDINGS, AND EQUIPMENT ARE DONATED TO THE GOVERNMENT FOR USE AS A PRESIDENTIAL DEPOSITORY AND THE GOVERNMENT OBTAINS TITLE TO THE PROPERTY. HOWEVER, THE BILL WOULD SEEM NOT TO REQUIRE AN ENDOWMENT FOR OPERATING COSTS WHEN LAND, BUILDINGS, AND EQUIPMENT ARE MADE AVAILABLE FOR USE AS A PRESIDENTIAL LIBRARY WITHOUT TRANSFER OF TITLE. BECAUSE OWNERSHIP OF THE LAND, BUILDINGS, AND EQUIPMENT HAS NO BEARING ON OPERATING COSTS, WE BELIEVE AN ENDOWMENT SHOULD ALSO BE REQUIRED TO COVER COSTS EXCEEDING THOSE NORMALLY INCURRED BY THE GOVERNMENT, AS IS REQUIRED IN SITUATIONS WHERE TITLE IS TRANSFERRED. AS PREVIOUSLY RECOMMENDED, ALL REFERENCES TO THE "ADMINISTRATOR" IN THE AMENDMENT TO 44 U.S.C. 2112(A)(3), AS REDESIGNATED ABOVE, SHOULD BE CHANGED TO THE "ARCHIVIST."

TECHNICAL ASSISTANCE

THE BILL WOULD AUTHORIZE THE ADMINISTRATOR OF GENERAL SERVICES TO PROVIDE TECHNICAL ASSISTANCE AND MICROFILM COPIES OF RECORDS TO MUSEUMS AND TO MEMORIALS ESTABLISHED FOR A PRESIDENT OR FORMER PRESIDENT. WHETHER THIS ASSISTANCE WOULD BE PROVIDED FOR FREE OR WHETHER THE RECIPIENTS WOULD BE CHARGED AT THE SAME RATE CHARGED OTHERS FOR THESE SERVICES, HOWEVER, IS NOT CLEAR. THEREFORE, TO ASSURE CONSISTENT AND EQUITABLE TREATMENT, WE BELIEVE THE CONGRESS SHOULD CLEARLY INDICATE IN THE PROPOSED LEGISLATION WEATHER TECHNICAL ASSISTANCE AND COPIES OF DOCUMENTS WILL BE PROVIDED FREE OR AT A RATE TO COVER COSTS. ALSO, THE BILL SHOULD BE REVISED TO GRANT THE ARCHIVIST RATHER THAN THE ADMINISTRATOR OF GENERAL SERVICES THE AUTHORITY TO PROVIDE TECHNICAL ASSISTANCE.

DISPOSAL OF PRESIDENTIAL RECORDS

SECTIONS 102 OF H.R 1236 AMENDS 44 U.S.C. 2203(C) TO REQUIRE THAT "DURING HIS TERM OF OFFICE," THE PRESIDENT "SUBSTANTIALLY COMPLETE THE DISPOSAL OF HIS PRESIDENTIAL RECORDS WHICH NO LONGER HAVE ADMINISTRATIVE, HISTORICAL, INFORMATIONAL, OR EVIDENTIARY VALUE." WE QUESTION THE PRUDENCE OF THIS REQUIREMENT AND BELIEVE THIS PROVISION WARRANTS FURTHER CONSIDERATION.

IN EFFECT, THIS PROVISION WOULD REQUIRE PRESIDENTS TO DISPOSE OF SUBSTANTIALLY ALL THEIR RECORDS WHICH, IN THEIR OPINION, DO NOT HAVE HISTORICAL SIGNIFICANCE BEFORE THEY LEAVE OFFICE. UNDER CURRENT PRACTICES, THE ARCHIVIST OF THE UNITED STATES HAS ASSIGNED PERSONNEL FULL TIME TO THE WHITE HOUSE TO ASSIST PRESIDENTIAL STAFF WITH RECORDS MANAGEMENT ISSUES, INCLUDING THE DISPOSAL OF PRESIDENTIAL RECORDS. AFTER A PRESIDENT LEAVES OFFICE, THE PRESIDENTIAL RECORDS ARE REMOVED TO A DEPOSITORY WHERE ARCHIVISTS SCREEN THEM AND DISPOSE OF THOSE PAPERS THAT HAVE NO SIGNIFICANT VALUE. THIS PROCESSING MAY TAKE SEVERAL YEARS.

PRESIDENTIAL PAPERS CONSTITUTES A VITALLY IMPORTANT PART OF THE NATION'S HISTORICAL HERITAGE. CONSEQUENTLY, ARCHIVISTS NEED SUFFICIENT TIME TO ADEQUATELY REVIEW CANDIDATE DOCUMENTS AND REACH A DELIBERATE AND CAREFUL DECISION ON THEIR ARCHIVAL VALUE. ACCORDING TO ARCHIVES OFFICIALS, THE SECTION 102 REQUIREMENT DOES NOT ALLOW ARCHIVISTS SUFFICIENT TIME TO THOROUGHLY ASSESS THE POTENTIAL HISTORICAL SIGNIFICANCE AND/OR INTRINSIC VALUE OF THE RECORDS. THE EXISTING PRACTICES HELP ALLEVIATE THE PROBLEM OF EXCESSIVE RECORDS RETENTION, WHILE PROTECTING THE CONTENTS OF THE PRESIDENTIAL PAPERS FROM POSSIBLE PREMATURE OR ACCIDENTAL DISPOSAL.

WE BELIEVE DECISIONS TO DISPOSE OF POTENTIALLY VALUABLE MATERIALS SHOULD BE REACHED WITH CAUTION AND DUE DELIBERATION BY TRAINED ARCHIVISTS AFTER EVALUATING THE POTENTIAL VALUE OF THE RECORDS IN QUESTION. AS WAS POINTED OUT IN THE 1955 HEARINGS ON THE PRESIDENTIAL LIBRARIES ACT, IT IS OFTEN DIFFICULT TO DETERMINE WHAT WILL BE IMPORTANT OR VALUABLE IN THE FUTURE. AT THAT TIME, CHAIRMAN MCCORMACK, SPECIAL SUBCOMMITTEE ON DONABLE PROPERTY, HOUSE COMMITTEE ON GOVERNMENT OPERATIONS, CONCLUDED THAT AN OBJECTIVE INTERPRETATION OF HISTORY OFTEN CANNOT BE MADE FOR TWO OR THREE GENERATIONS AFTER THE PRESIDENT'S PERIOD OF SERVICE.

THE PRESIDENTIAL LIBRARIES ACT WAS PASSED TO PREVENT THE LOSS OF THESE VALUABLE DOCUMENTS. EVIDENCE PRESENTED AT THE TIME THE ACT WAS BEING CONSIDERED SHOWED THAT, IN THE PAST, VALUABLE HISTORIC RECORDS WERE DESTROYED, SOMETIMES BY THE FORMER PRESIDENT HIMSELF, BECAUSE THEY WERE NOT CONSIDERED IMPORTANT ENOUGH TO KEEP. ARCHIVES OFFICIALS POINTED OUT THAT FULFILLING SUCH A REQUIREMENT WOULD CONSUME A GREAT DEAL OF THE OUTGOING PRESIDENT'S TIME BECAUSE OF THE SHEER VOLUME OF RECORDS TO BE REVIEWED. THIS IS ALSO A PERIOD WHEN THE PRESIDENT AND THE PRESIDENTIAL STAFF ARE DEEPLY INVOLVED IN THE TRANSITION PROCESS. THUS, THE REQUIREMENT PLACES YET ANOTHER DEMAND ON THE OUTGOING PRESIDENT'S TIME.

SPOUSAL PENSIONS

SECTION 201 OF H.R. 1236 WOULD PROVIDE FOR CHANGING THE ANNUAL ALLOWANCE FOR A SPOUSE OF A DECEASED FORMER PRESIDENT FROM A FLAT DOLLAR AMOUNT (CURRENTLY $20,000) TO AN AMOUNT EQUAL TO TWO-THIRDS OF THE ANNUAL ALLOWANCE PAYABLE TO A FORMER PRESIDENT. BASING THE AMOUNT OF A SURVIVING SPOUSE'S ALLOWANCE ON A PERCENTAGE OF THE ALLOWANCE RECEIVED BY A FORMER PRESIDENT RATHER THAN AN A FLAT RATE WOULD BE CONSISTENT WITH THE SURVIVOR BENEFIT PROVISIONS FOUND UNDER ALL OTHER FEDERAL EMPLOYEE RETIREMENT SYSTEMS.

THE SPOUSAL BENEFIT PROPOSED BY H.R. 1236, HOWEVER, IS MORE GENEROUS THAN OTHER FEDERAL PLANS, WHICH GENERALLY LIMIT SURVIVING SPOUSES' ANNUITIES TO 55 PERCENT OF A DECEASED FORMER EMPLOYEE'S EARNED PENSION. IT HAS LONG BEEN OUR POSITION THAT BENEFIT PROVISIONS AMONG THE VARIOUS FEDERAL RETIREMENT PLANS SHOULD BE CONSISTENT UNLESS THERE ARE COMPELLING REASONS TO THE CONTRARY. THUS, IN CONSIDERING THIS ASPECT OF THE BILL, THE CONGRESS MUST DECIDE IF THE OFFICE OF THE PRESIDENT WARRANTS SPECIAL CONSIDERATION.

OFFICE FOR FORMER PRESIDENT

UNDER SECTION 202 OF H.R. 1236, THE ADMINISTRATOR OF GENERAL SERVICES WOULD BE AUTHORIZED TO PROVIDE EACH FORMER PRESIDENT WITH "ONE SUITABLE OFFICE, NOT TO EXCEED FORTY THOUSAND SQUARE FEET IN AREA ...". WHILE WE AGREE A LIMITATION ON A FORMER PRESIDENT'S OFFICE MAY BE APPROPRIATE, WE BELIEVE THE PROPOSED 40,000 SQUARE FOOT LIMITATION IS EXCESSIVE. THE THREE CURRENT FORMER PRESIDENTS ARE PROVIDED OFFICES WHICH AVERAGE ABOUT 3,840 SQUARE FEET EACH. ALSO, PRIOR BILLS ON WHICH WE HAVE COMMENTED HAVE SUGGESTED THAT A FORMER PRESIDENT'S OFFICE NOT EXCEED 4,000 SQUARE FEET.

OTHER COMMENTS

IN TWO PLACES WITHIN H.R. 1236 THERE ARE ERRORS IN THE YEARS CITED IN THE PROPOSED REVISIONS TO TITLE 44, U.S.C. SECTION 202(B)(2) WOULD ADD NEW SUBSECTION (K)(4) WHICH STATES "... AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF GENERAL SERVICES SUCH SUMS AS MAY BE NECESSARY FOR FISCAL YEARS 1982 AND EACH SUCCEEDING FISCAL YEAR." THE BEGINNING YEAR SHOULD BE CHANGED TO "FISCAL YEAR 1986." SECTION 301 INCLUDES A REFERENCE TO "THE FORMER PRESIDENTS BENEFITS CONTAINMENT ACT OF 1984." THE YEAR CITED SHOULD BE CHANGED TO "1985" TO CONFORM WITH THE PROPOSED TITLE OF THE ACT SHOULD H.R. 1236 BECOME LAW.

WE HOPE THAT THESE COMMENTS ARE USEFUL IN YOUR CONSIDERATION OF THIS PROPOSED LEGISLATION. WE WOULD BE PLEASED TO MEET WITH YOUR STAFF TO DISCUSS ANY QUESTIONS WHICH MAY ARISE.