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. 90–62082 Stat. 1287 Pub. L. 98–497, title I, § 10198 Stat. 2280 (, , ; , , .)
Historical and Revision Notes
June 30, 1949, ch. 288 63 Stat. 381 Based on 44 U.S. Code, 1964 ed., § 391(a) (, title I, § 104, ).
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.
Editorial Notes
Amendments
Pub. L. 98–4971984— 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–497, title III, § 30198 Stat. 2295
section 101 of this titlesection 2111 of this titlesection 199a of Title 25section 2507 of this title“The provisions of this Act [enacting sections 2103 to 2106 of this title and provisions set out as notes under this section and , 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 , 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, , Indians, and repealing ] (including the amendments made by this Act) shall be effective on .”
, , , provided that:
Savings Provision
Pub. L. 98–497, title I, § 10598 Stat. 2284
Pub. L. 98–497 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 [] 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.
Pub. L. 98–497 The transfer of functions by this Act [] 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 [] 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.
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.
Except as provided in subsection (e)—
Pub. L. 98–497 the provisions of this Act [] and of the amendments made by this Act shall not affect actions commenced prior to the effective date of this Act [], and
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.
Pub. L. 98–497 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 [] 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.
Pub. L. 98–497 If, before the date on which this Act takes effect [], 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 [] 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.
Pub. L. 98–497 Orders and actions of the Archivist in the exercise of functions transferred by this Act [] 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 [] 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.
“Sec. 103. (a) “(b)(1) “(2)
“(c) “(d)
The National Archives and Records Service of the General Services Administration is transferred to the National Archives and Records Administration.
section 301 of Title 3section 2109 of this title All functions which were assigned to the Administrator of General Services by section 6 of Executive Order No. 10530 of May 11 [May 10], 1954 (19 Fed. Reg. 2709 [set out as a note under , The President]; relating to documents and the Administrative Committee of the Federal Register), and by Executive Order Nunbered [sic] 11440 of (33 Fed. Reg. 18475 [set out as a note under ]; relating to supplemental use of Federal exhibits and displays), shall be exercised by the Archivist of the United States.
Public Law 89–16979 Stat. 648 section 2112 of this titlePublic Law 89–54780 Stat. 370 section 2112 of this titlePublic Law 95–3491 Stat. 174 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 (, ) [set out as a note under ], relating to the Lyndon Baines Johnson Presidential Archival Depository, and by the Act of (, ) [set out as a note under ] and the Act of (, ), relating to the John Fitzgerald Kennedy Library, shall be exercised by the Archivist of the United States.
Pub. L. 98–497 In the exercise of the functions transferred by this Act [] 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.
section 2103 of title 44 Prior to the appointment and confirmation of an individual to serve as Archivist of the United States under , United States Code, the individual holding the office of Archivist of the United States on the day before the effective date of this Act [] 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) “(b)
Pub. L. 98–497section 1531 of title 31 Except as otherwise provided in this Act [], 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 , 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.
Pub. L. 98–497 The transfer pursuant to this title [title I (§§ 101–108) of ] 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 [], whichever is later.”
Annual Capital Needs Assessment for Funding of Repairs and Restoration
Pub. L. 111–8, div. D, title V123 Stat. 668
Provided“Hereafter, the National Archives and Records Administration shall include in its annual budget submission a comprehensive capital needs assessment for funding provided under the ‘Repairs and Restoration’ appropriations account to be updated yearly: , That funds proposed under the ‘Repairs and Restoration’ appropriations account for each fiscal year shall be allocated to projects on a priority basis established under a comprehensive capital needs assessment.”
, , , provided that:
Establishment of Positions of Director of the Center for Legislative Archives and Specialist in Congressional History
Pub. L. 101–509, title IV, § 1(a)104 Stat. 1416 Pub. L. 103–329, title V, § 541108 Stat. 2415
Provided 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: , 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.
There is established within the Center for Legislative Archives within the National Archives and Records Administration the position of Specialist in Congressional History.
section 2701 of title 44 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 , United States Code.
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
Pub. L. 98–497, title I, § 10698 Stat. 2285
Pub. L. 98–497“With respect to any functions transferred by this Act [] or by an amendment made by this Act and exercised after the effective date of this Act [], 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.”
, , , provided that:
Spending Authority
Pub. L. 98–497, title III, § 30298 Stat. 2295
2 U.S.C. 651“Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 []) 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.”
, , , provided that:
Definitions
Pub. L. 98–497, title I, § 10898 Stat. 2292
“For purposes of sections 103 through 106 [set out as notes above]—“(1) “(2) “(3)
, , , provided that:
section 2103 of title 44 the term ‘Archivist’ means the Archivist of the United States appointed under , United States Code, as added by section 102(a)(2) of this Act;
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
the term ‘function’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.”