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Vol. 25:1 ISSN 0160-8460 April 1997
What is the NHPRC's Statutory Mandate? A Legislative Chronicle
Deliberations over the strategic plan of the National Historical Publications and Records Commission have raised questions about its mission. What was the Commission's original mandate and how has it evolved? What follows is a chronicle of legislation pertaining to the Commission, identifying what its statutes have instructed it to do.1934: Public Law 73-432, approved 19 June 1934, established the National Archives and, within it, the National Historical Publications Commission (NHPC), later to become the NHPRC. Section 5 of this act created the NHPC, designated as members of the Commission the Archivist of the U.S. (as chair) and representatives of the State Department, War Department, Navy Department, Library of Congress, and American Historical Association (2 members), and set forth the Commission's original statutory mandate, as follows:
[Sec. 5] That there is hereby created also a National Historical Publications Commission which shall make plans, estimates, and recommendations for such historical works and collections of sources as seem appropriate for publication and/or otherwise recording at the public expense . . . : Provided, That the preparation and publication of annual and special reports on the archives and records of the Government, guides, inventory lists, catalogs, and other instruments facilitating the use of the collections shall have precedence over detailed calendars and textual reproductions.
1949: Public Law 81-152, approved 30 June 1949, subordinated the National Archives and the NHPC within it to the General Services Administration. This legislation made no changes in the wording of NHPC's statutory mandate.
1950: Public Law 81-754, approved 5 September 1950, entitled "The Federal Records Act of 1950," dealt with the NHPC in Section 503, which expanded and redefined NHPC's membership to include the Archivist of the U.S. (as chair) and representatives of the President (2), the Senate, the House of Representatives, the federal judiciary, the Departments of State and Defense, the Library of Congress, and the American Historical Association (2). Section 503 also redefined terms of appointment of Commissioners, provided for reimbursement of their expenses, and authorized the appointment of staff specifically for the Commission. Also, Section 503(d) redefined and expanded the Commission's statutory mandate, to which Section 507(c) also refers, as follows:
1964: Public Law 88-383, approved 28 July 1964, authorized grants to be made from appropriated and donated funds on the NHPC's recommendation; authorized the Congress to appropriate funds for grants; authorized the NHPC to use advisory committees; and required grant recipients to keep records of expenditure. The amendment also added language to the Commission's statutory mandate, as follows:
1968: Public Law 90-620, approved 22 October 1968, codified laws relating to public printing and documents, including NHPC legislation under title 44, United States Code, chapter 25. This legislation made no changes in the wording of NHPC's statutory mandate.
1972: Public Law 92-546, approved 25 October 1972, amended NHPC's statute in these ways: (1) it provided for two additional NHPC members to be appointed by the Organization of American Historians; (2) it authorized appropriations not to exceed $2 million annually in fiscal years 1973-1977; and (3) it increased the per diem subsistence allowance for non-federal Commission members attending meetings. This legislation made no changes in the wording of NHPC's statutory mandate.
1974: Public Law 93-536, approved 22 December 1974, amended NHPC's statute in these ways: (1) it expanded the name of the NHPC to the National Historical Publications and Records Commission; (2) it provided for four additional NHPRC members, two to be appointed by the Society of American Archivists and two to be appointed by the American Association for State and Local History; and (3) it authorized appropriations not to exceed $4 million annually in fiscal years 1975-1979 (a doubling of the previous annual authorization of $2 million in fiscal years 1975-1977). This legislation made no changes in the wording of NHPRC's statutory mandate.
1979: Public Law 96-98, approved 1 November 1979, amended NHPRC's statute in these ways: (1) it authorized appropriations not to exceed $4 million annually in fiscal years 1980-1981; and (2) it changed the per diem allowance for non-federal Commission members attending meetings. This legislation made no changes in the wording of NHPRC's legislative mandate.
1983: Public Law 98-189, approved 30 November 1983, amended NHPRC's statute in one way: it authorized appropriations not to exceed $4 million annually in fiscal years 1984-1985, and not to exceed $5 million annually in fiscal years 1986-1988. (NHPRC had received appropriations without separate authorization in fiscal years 1982-1983.) This legislation made no changes in the wording of NHPRC's statutory mandate.
1984: Public Law 98-497, approved 19 October 1984, which made the National Archives and Records Administration an agency independent of the General Services Administration, amended NHPRC's statute to transfer authorities from the Administrator of General Services to the Archivist of the United States and otherwise provided for releasing NHPRC along with NARA from the jurisdiction of GSA. This legislation made no changes in the wording of NHPRC's statutory mandate.
1988: Public Law 100-365, approved 13 July 1988, amended NHPRC's statute in these ways: (1) it clarified several things concerning appointments to the Commission, qualifications for appointment, terms of service, filling of vacancies, appointments of staff, reimbursement for travel expenses, and other minor matters; (2) it authorized appropriations not to exceed $6 million in fiscal year 1989, $8 million in fiscal year 1990, and $10 million in fiscal years 1991- 1993; and (3) in Section 4, "Duties and Functions," it made substantive changes in the language of NHPRC's statutory mandate, which continue in effect today, as follows:
Section 4, Duties and Functions (a) The Commission shall make plans, estimates, and recommendations for historical works and collections of sources it considers appropriate for preserving, publishing or otherwise recording at the public expense. The Chairman of the Commission shall transmit to the President and the Congress from time to time, and at least biennially, the plans, estimates, and recommendations developed and approved by the Commission. (b) The Commission shall cooperate with, assist and encourage appropriate Federal, State, and local agencies and nongovernmental institutions, societies, and individuals in collecting and preserving and, when it considers it desirable, in editing and publishing papers of outstanding citizens of the United States, and other documents as may be important for an understanding and appreciation of the history of the United States. (c) The Commission may conduct institutes, training and educational programs, and recommend candidates for fellowships related to the activities of the Commission and may disseminate information about documentary sources through guides, directories, and other technical publications. (d) The Commission may recommend the expenditure of appropriated or donated funds for the collecting, describing, preserving, compiling and publishing (including microfilming and other forms of reproduction) of documentary sources significant to the history of the United States and for the activities described in subsection (c). (e) The Archivist of the United States may, within the limits of available appropriated and donated funds, make grants to State and local agencies and to nonprofit organizations, institutions, and individuals, for those activities in subsection (d) after considering the advice and recommendations of the Commission.
1994: Public Law 103-262, approved 31 May 1994, amended NHPRC's statute in one way: it authorized appropriations not to exceed $6 million in fiscal year 1994, $7 million in fiscal year 1995, $8 million in fiscal year 1996, and $10 million in fiscal year 1997. This legislation made no changes in the wording of NHPRC's statutory mandate.
1996: Public Law 104-274, approved 9 October 1996, amended NHPRC's statute in one way: it authorized appropriations not to exceed $10 million in fiscal years 1998- 2001. This legislation made no changes in the wording of NHPRC's statutory mandate.
