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§ 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.



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