§ 2901. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2901]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 29--RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES AND
BY THE ADMINISTRATOR OF GENERAL SERVICES
Sec. 2901. Definitions
As used in this chapter, and chapters 21, 25, 31, and 33 of this
title--
(1) the term ``records'' has the meaning given it by section
3301 of this title;
(2) the term ``records management'' means the planning,
controlling, directing, organizing, training, promoting, and other
managerial activities involved with respect to records creation,
records maintenance and use, and records disposition in order to
achieve adequate and proper documentation of the policies and
transactions of the Federal Government and effective and economical
management of agency operations;
(3) the term ``records creation'' means the production or
reproduction of any record;
(4) the term ``records maintenance and use'' means any activity
involving--
(A) location of records of a Federal agency;
(B) storage, retrieval, and handling of records kept at
office file locations by or for a Federal agency;
(C) processing of mail by a Federal agency; or
(D) selection and utilization of equipment and supplies
associated with records and copying;
(5) the term ``records disposition'' means any activity with
respect to--
(A) disposal of temporary records no longer necessary for
the conduct of business by destruction or donation;
(B) transfer of records to Federal agency storage facilities
or records centers;
(C) transfer to the National Archives of the United States
of records determined to have sufficient historical or other
value to warrant continued preservation; or
(D) transfer of records from one Federal agency to any other
Federal agency;
(6) the term ``records center'' means an establishment
maintained and operated by the Archivist or by another Federal
agency primarily for the storage, servicing, security, and
processing of records which need to be preserved for varying periods
of time and need not be retained in office equipment or space;
(7) the term ``records management study'' means an investigation
and analysis of any Federal agency records, or records management
practices or programs (whether manual or automated), with a view
toward rendering findings and recommendations with respect thereto;
(8) the term ``inspection'' means reviewing any Federal agency's
records or records management practices or programs with respect to
effectiveness and compliance with records management laws and making
necessary recommendations for correction or improvement of records
management;
(9) the term ``servicing'' means making available for use
information in records and other materials in the custody of the
Archivist, or in a records center--
(A) by furnishing the records or other materials, or
information from them, or copies or reproductions thereof, to
any Federal agency for official use, or to the public; or
(B) by making and furnishing authenticated or
unauthenticated copies or reproductions of the records or other
materials;
(10) the term ``unauthenticated copies'' means exact copies or
reproductions of records or other materials that are not certified
as such under seal and that need not be legally accepted as
evidence;
(11) the term ``National Archives of the United States'' means
those official records which have been determined by the Archivist
of the United States to have sufficient historical or other value to
warrant their continued preservation by the Federal Government, and
which have been accepted by the Archivist for deposit in his
custody;
(12) the term ``Archivist'' means the Archivist of the United
States;
(13) the term ``executive agency'' shall have the meaning given
such term by section 102 of title 40;
(14) the term ``Federal agency'' means any executive agency or
any establishment in the legislative or judicial branch of the
Government (except the Supreme Court, the Senate, the House of
Representatives, and the Architect of the Capitol and any activities
under the direction of the Architect of the Capitol); and
(15) the term ``Administrator'' means the Administrator of
General Services.
(Added Pub. L. 94-575, Sec. 2(a)(1), Oct. 21, 1976, 90 Stat. 2723;
amended Pub. L. 98-497, title I, Sec. 107(b)(13), Oct. 19, 1984, 98
Stat. 2287; Pub. L. 107-217, Sec. 3(l)(2), Aug. 21, 2002, 116 Stat.
1301.)
Prior Provisions
A prior section 2901, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1295,
related to definitions, prior to repeal by Pub. L. 94-575, Sec. 2(a)(1).
Amendments
2002--Par. (13). Pub. L. 107-217 substituted ``section 102 of title
40'' for ``section 3(a) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 472(a))''.
1984--Pub. L. 98-497, Sec. 107(b)(13)(A), struck out reference to
chapter 27 in provisions preceding par. (1).
Par. (2). Pub. L. 98-497, Sec. 107(b)(13)(B), inserted ``in order to
achieve adequate and proper documentation of the policies and
transactions of the Federal Government and effective and economical
management of agency operations''.
Pars. (6), (9), (11). Pub. L. 98-497, Sec. 107(b)(13)(C),
substituted ``Archivist'' for ``Administrator''.
Par. (12). Pub. L. 98-497, Sec. 107(b)(13)(D), substituted
``Archivist'' and ``Archivist of the United States'' for
``Administrator'' and ``Administrator of General Services'',
respectively. See par. (15) of this section.
Par. (13). Pub. L. 98-497, Sec. 107(b)(13)(D), struck out references
to ``Federal agency'' and to subsec. (b) of section 3 of the Federal
Property and Administrative Services Act of 1949. See par. (14) of this
section.
Pars. (14), (15). Pub. L. 98-497, Sec. 107(b)(13)(D), added pars.
(14) and (15).
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of this title.
Records Center Revolving Fund
Pub. L. 106-58, title IV, [(a)-(e)], Sept. 29, 1999, 113 Stat. 460,
461, provided that:
``(a) Establishment of Fund.--There is hereby established in the
Treasury a revolving fund to be available for expenses and equipment
necessary to provide for storage and related services for all temporary
and pre-archival Federal records, which are to be stored or stored at
Federal National and Regional Records Centers by agencies and other
instrumentalities of the Federal Government. The Fund shall be available
without fiscal year limitation for expenses necessary for operation of
these activities.
``(b) Start-Up Capital.--
``(1) There is appropriated $22,000,000 as initial
capitalization of the Fund.
``(2) In addition, the initial capital of the Fund shall include
the fair and reasonable value at the Fund's inception of the
inventories, equipment, receivables, and other assets, less the
liabilities, transferred to the Fund. The Archivist of the United
States is authorized to accept inventories, equipment, receivables
and other assets from other Federal entities that were used to
provide for storage and related services for temporary and pre-
archival Federal records.
``(c) User Charges.--The Fund shall be credited with user charges
received from other Federal Government accounts as payment for providing
personnel, storage, materials, supplies, equipment, and services as
authorized by subsection (a). Such payments may be made in advance or by
way of reimbursement. The rates charged will return in full the expenses
of operation, including reserves for accrued annual leave, worker's
compensation, depreciation of capitalized equipment and shelving, and
amortization of information technology software and systems.
``(d) Funds Returned to Miscellaneous Receipts of the Department of
the Treasury.--
``(1) In addition to funds appropriated to and assets
transferred to the Fund in subsection (b), an amount not to exceed 4
percent of the total annual income may be retained in the Fund as an
operating reserve or for the replacement or acquisition of capital
equipment, including shelving, and the improvement and
implementation of the financial management, information technology,
and other support systems of the National Archives and Records
Administration.
``(2) Funds in excess of the 4 percent at the close of each
fiscal year shall be returned to the Treasury of the United States
as miscellaneous receipts.
``(e) Reporting Requirement.--The National Archives and Records
Administration shall provide quarterly reports to the Committees on
Appropriations and Governmental Affairs of the Senate, and the
Committees on Appropriations and Government Reform of the House of
Representatives on the operation of the Records Center Revolving Fund.''
Federal Records Management Provisions Without Effect on Authorities and
Responsibilities of Administrator of General Services, Joint Committee,
or Government Printing Office
Section 5 of Pub. L. 94-575 provided that:
``(a) The provisions of this Act [see Short Title of 1976 Amendment
note set out under section 101 of this title] relating to the authority
of the Administrator of General Services do not limit or repeal
additional authorities provided by statute or otherwise recognized by
law.
``(b) The provisions of this Act do not limit or repeal the
authority or responsibilities of the Joint Committee on Printing or the
Government Printing Office under chapters 1 through 19 of title 44,
United States Code.''
Section Referred to in Other Sections
This section is referred to in sections 1501, 3102 of this title;
title 17 section 704.