§ 2102. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2102]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec. 2102. Establishment
There shall be an independent establishment in the executive branch
of the Government to be known as the National Archives and Records
Administration. The Administration shall be administered under the
supervision and direction of the Archivist.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98-497, title I,
Sec. 101, Oct. 19, 1984, 98 Stat. 2280.)
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., Sec. 391(a) (June 30, 1949, ch.
288, title I, Sec. 104, 63 Stat. 381).
This section incorporates only the last sentence of paragraph (a) of
former section 391. The balance of that section will be found in
sections 1506, 2301, 2501, and 2902 of the revision.
Amendments
1984--Pub. L. 98-497 substituted provisions directing that there
shall be an independent establishment in the executive branch of the
Government to be known as the National Archives and Records
Administration and that the Administration shall be administered under
the supervision and direction of the Archivist for provisions which had
formerly directed only that the Administrator of General Services
appoint the Archivist of the United States.
Effective Date of 1984 Amendment
Section 301 of Pub. L. 98-497 provided that: ``The provisions of
this Act [enacting sections 2103 to 2106 of this title and provisions
set out as notes under this section and section 101 of this title,
redesignating existing sections 2103 to 2114 as sections 2107 to 2118 of
this title, amending this section, sections 710, 711, 729, 1501 to 1503,
1506, 1714, 2101, 2107 to 2118, 2204, 2205, 2301 to 2305, 2307, 2501,
2504, 2506, 2901 to 2909, 3102 to 3106, 3302 to 3303a, 3308, 3310, 3311,
3504, and 3513 of this title, provisions set out as a note under section
2111 of this title, sections 106a, 106b, 112, 113, and 201 of Title 1,
General Provisions, sections 6 and 11 to 13 of Title 3, The President,
sections 141 to 145 of Title 4, Flag and Seal, Seat of Government, and
the States, sections 552a and 5314 of Title 5, Government Organization
and Employees, section 199a of Title 25, Indians, and repealing section
2507 of this title] (including the amendments made by this Act) shall be
effective on April 1, 1985.''
Savings Provision
Section 105 of Pub. L. 98-497 provided that:
``(a) All orders, determinations, rules, regulations, grants,
contracts, agreements, permits, licenses, privileges, and other actions
which have been issued, granted, made, undertaken, or entered into in
the performance of any function transferred by this Act [Pub. L. 98-497]
or the amendments made by this Act shall continue in effect according to
their terms until modified, terminated, superseded, set aside, or
revoked in accordance with law by any authorized official, a court of
competent jurisdiction, or by operation of law.
``(b)(1) The transfer of functions by this Act [Pub. L. 98-497] and
by the amendments made by this Act shall not affect any proceedings,
including notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending on the
effective date of this Act [Apr. 1, 1985] before the General Services
Administration; but such proceedings and applications, to the extent
that they relate to the functions so transferred, shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded, or
revoked by the Archivist, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be deemed to prohibit
the discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not been enacted.
``(2) The Archivist is authorized to promulgate regulations
providing for the orderly transfer of proceedings continued under
paragraph (1) from the General Services Administration to the
Administration.
``(c) Except as provided in subsection (e)--
``(1) the provisions of this Act [Pub. L. 98-497] and of the
amendments made by this Act shall not affect actions commenced prior
to the effective date of this Act [Apr. 1, 1985], and
``(2) in all such actions, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as if
this Act had not been enacted.
``(d) No action or other proceeding lawfully commenced by or against
any officer of the United States acting in the official capacity of such
officer shall abate by reason of any transfer of functions by this Act
[Pub. L. 98-497] or by an amendment made by this Act. No cause of action
by or against the General Services Administration or by or against any
officer thereof in the official capacity of such officer shall abate by
reason of any such transfer of functions.
``(e) If, before the date on which this Act takes effect [Apr. 1,
1985], the General Services Administration or any officer thereof in the
official capacity of such officer, is a party to an action, and under
this Act [Pub. L. 98-497] or the amendments made by this Act any
function in connection with such action is transferred to the Archivist
or any other official of the Administration, then such action shall be
continued with the Archivist or other appropriate official of the
Administration substituted or added as a party.
``(f) Orders and actions of the Archivist in the exercise of
functions transferred by this Act [Pub. L. 98-497] or by amendments made
by this Act shall be subject to judicial review to the same extent and
in the same manner as if such orders and actions had been by the
individual holding the office of Archivist of the United States on the
day before the effective date of this Act [Apr. 1, 1985] or the
Administrator of General Services in the exercise of such functions
immediately preceding their transfer. Any statutory requirements
relating to notice, hearings, action upon the record, or administrative
review that apply to any function transferred by this Act or by any
amendment made by this Act shall apply to the exercise of such function
by the Archivist.''
Transfer of Functions, Personnel, Assets, Liabilities, Contracts,
Property, Records, and Unexpended Balances, Etc.
Sections 103, 104 of Pub. L. 98-497 provided that:
``Sec. 103. (a) The National Archives and Records Service of the
General Services Administration is transferred to the National Archives
and Records Administration.
``(b)(1) All functions which were assigned to the Administrator of
General Services by section 6 of Executive Order No. 10530 of May 11,
1954 (19 Fed. Reg. 2709 [set out as a note under section 301 of Title 3,
The President]; relating to documents and the Administrative Committee
of the Federal Register), and by Executive Order Nunbered [sic] 11440 of
December 11, 1968 (33 Fed. Reg. 18475 [set out as a note under section
2109 of this title]; relating to supplemental use of Federal exhibits
and displays), shall be exercised by the Archivist of the United States.
``(2) All functions pertaining to the maintenance, operation, and
protection of a Presidential archival depository which were assigned to
the Administrator of General Services by the Act of September 6, 1965
(Public Law 89-169, 79 Stat. 648) [set out as a note under section 2112
of this title], relating to the Lyndon Baines Johnson Presidential
Archival Depository, and by the Act of August 27, 1966 (Public Law 89-
547, 80 Stat. 370) [set out as a note under section 2112 of this title]
and the Act of May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating
to the John Fitzgerald Kennedy Library, shall be exercised by the
Archivist of the United States.
``(c) In the exercise of the functions transferred by this Act [Pub.
L. 98-497] and the amendments made by this Act, the Archivist shall have
the same authority as had the Administrator of General Services prior to
the transfer of such functions, and the actions of the Archivist shall
have the same force and effect as when exercised by such Administrator.
``(d) Prior to the appointment and confirmation of an individual to
serve as Archivist of the United States under section 2103 of title 44,
United States Code, the individual holding the office of Archivist of
the United States on the day before the effective date of this Act [Apr.
1, 1985] may serve as Archivist under such section, and while so serving
shall be compensated at the rate provided under subsection (b) of such
section.
``Sec. 104. (a) Except as otherwise provided in this Act [Pub. L.
98-497], the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available to or to be made available in
connection with the functions and agencies transferred by this Act and
the amendments made by this Act, subject to section 1531 of title 31,
United States Code, are transferred to the Archivist for appropriate
allocation. Pursuant to the preceding sentence, there shall be
transferred to the Archivist for appropriate allocation (1) for the
remainder of fiscal year 1985, an amount equal to not less than
$2,760,000 (adjusted to reflect actual salaries and benefits of
transferred employees and other costs) from the unexpended balances of
the fiscal year 1985 funds and appropriations available to the General
Services Administration, and (2) 115.5 full-time equivalent employee
positions, of which not less than 30 percent shall be vacant. Unexpended
funds transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
``(b) The transfer pursuant to this title [title I (Secs. 101-108)
of Pub. L. 98-497] of full-time personnel (except special Government
employees) and part-time personnel holding permanent positions shall not
cause any such employees to be separated or reduced in grade or
compensation for one year after such transfer or after the effective
date of this Act [Apr. 1, 1985], whichever is later.''
Establishment of Positions of Director of the Center for Legislative
Archives and Specialist in Congressional History
Pub. L. 101-509, title IV, Sec. 1(a)-(c), Nov. 5, 1990, 104 Stat.
1416, 1417, as amended by Pub. L. 103-329, title V, Sec. 541, Sept. 30,
1994, 108 Stat. 2415, provided that:
``(a)(1) The Director of the Center for Legislative Archives within
the National Archives and Records Administration shall be established
without regard to chapter 51 of title 5 and shall be paid at a rate
determined without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 governing General Schedule classification
and pay rates: Provided, That such pay shall be no less than 120 percent
of the rate of pay for GS-15, step 1 of the General Schedule nor more
than the rate of pay in effect for level one of the Senior Executive
Schedule.
``(2) There is established within the Center for Legislative
Archives within the National Archives and Records Administration the
position of Specialist in Congressional History.
``(b) There shall be made available from funds appropriated in each
fiscal year to the National Archives and Records Administration, $20,000
for the administrative expenses of the Advisory Committee on the Records
of Congress established under section 2701 of title 44, United States
Code.
``(c) There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of subsections (a) and (b) of this
section.''
References in Other Laws
Section 106 of Pub. L. 98-497 provided that: ``With respect to any
functions transferred by this Act [Pub. L. 98-497] or by an amendment
made by this Act and exercised after the effective date of this Act
[Apr. 1, 1985], reference in any other Federal law to the office of the
Archivist of the United States as in existence on the date before the
effective date of this Act, or the National Archives and Records Service
of the General Services Administration, or any office or officer
thereof, shall be deemed to refer to the Archivist or the
Administration.''
Spending Authority
Section 302 of Pub. L. 98-497 provided that: ``Any new spending
authority (within the meaning of section 401 of the Congressional Budget
Act of 1974 [2 U.S.C. 651]) which is provided under this Act shall be
effective for any fiscal year only to the extent or in such amounts as
provided in appropriations Acts.''
Definitions
Section 108 of Pub. L. 98-497 provided that: ``For purposes of
sections 103 through 106 [set out as notes above]--
``(1) the term `Archivist' means the Archivist of the United
States appointed under section 2103 of title 44, United States Code,
as added by section 102(a)(2) of this Act;
``(2) the term `Administration' means the National Archives and
Records Administration established under section 2102 of such title
(as amended by section 101 of this Act); and
``(3) the term `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program.''
Section Referred to in Other Sections
This section is referred to in sections 2101, 3102, 3317 of this
title.
