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44 U.S.C. § 2702 (PUBLIC PRINTING AND DOCUMENTS)
§ 2702. Membership; chairman; meetings
(a)
(1) The Committee shall consist of the eleven members including—
(A)
(i) the Secretary of the Senate;
(ii) the Clerk of the House of Representatives;
(iii) the Archivist of the United States;
(iv) the Historian of the Senate; and
(v) the Historian of the House of Representatives; and
(B) six members of whom one shall be appointed by each of the following:
(i) the Speaker of the House of Representatives;
(ii) the Minority Leader of the House of Representatives;
(iii) the Majority Leader of the Senate;
(iv) the Minority Leader of the Senate;
(v) the Secretary of the Senate; and
(vi) the Clerk of the House of Representatives.
(2) Each member appointed under paragraph (1)(B) shall have knowledge or expertise in United States history, archival management, publishing, library science, or use of legislative records.
(b) The Secretary of the Senate shall serve as Chairman during the two-year period beginning on January 1, 1991, and the Clerk of the House of Representatives shall serve as Chairman during the two-year period beginning on January 1, 1993. Thereafter, such members shall alternate serving as Chairman for a term of two years.
(c)
(1) Members of the Committee referred to in subsection (a)(1)(A) shall serve only while holding such offices. Members appointed to the Committee under subsection (a)(1)(B) shall serve for a term of two years, and may be reappointed without limitation. The initial appointments for such terms shall begin on January 1, 1991.
(2) Any vacancy on the Committee shall not affect the powers of the Committee. Any vacancy in an appointed position on the Committee shall be filled in the same manner in which the original appointment was made.
(d)
(1) No later than thirty days after the date on which the first session of the 102d Congress begins, the Committee shall hold its first meeting. Thereafter, the Committee shall meet semiannually or at the call of a majority of its members.
(2) Seven members of the Committee shall constitute a quorum, but a lesser number may hold hearings.
(Added Pub. L. 101–509, title IV, § 1(d)(1), Nov. 5, 1990, 104 Stat. 1417.)
heading: References in Text
text: The date on which the first session of the 102d Congress begins, referred to in subsec. (d)(1), is Jan. 3, 1991.
44 U.S.C. § 2703 (PUBLIC PRINTING AND DOCUMENTS)
§ 2703. Functions of the Committee
The Committee shall—
(1) review the management and preservation of the records of Congress;
(2) report to and advise the Congress and the Archivist of the United States on such management and preservation; and
(3)
(A) no later than December 31, 1991, conduct a study and submit a report to the Congress on—
(i) the effect any transfer of records of the National Archives and Records Administration from facilities located in Washington, D.C., to any location outside of Washington, D.C., shall have on the management and preservation of the records of Congress; and
(ii) the five year plan for the management and preservation of the records of Congress; and
(B) no later than December 31, 1995, conduct a study to update the report submitted under subparagraph (A)(ii), and submit a report to the Congress.
(Added Pub. L. 101–509, title IV, § 1(d)(1), Nov. 5, 1990, 104 Stat. 1418.)
44 U.S.C. § 2704 (PUBLIC PRINTING AND DOCUMENTS)
§ 2704. Powers of the Committee
(a) For purposes of carrying out the duties referred to under section 2703, the Committee or, on the authorization of the Committee, any subcommittee or member thereof, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as is appropriate.
(b) The Committee may secure directly from any department or agency of the United States such information as the Committee may require to carry out the duties referred to under section 2703. Upon request of the Chairman of the Committee, the head of such department or agency shall furnish such information to the Committee.
(Added Pub. L. 101–509, title IV, § 1(d)(1), Nov. 5, 1990, 104 Stat. 1418.)
44 U.S.C. § 2705 (PUBLIC PRINTING AND DOCUMENTS)
§ 2705. Compensation and travel expenses
A member of the Committee may not be paid compensation for service performed as a member of the Committee. However, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Committee.
(Added Pub. L. 101–509, title IV, § 1(d)(1), Nov. 5, 1990, 104 Stat. 1418.)
44 U.S.C. § 2706 (PUBLIC PRINTING AND DOCUMENTS)
§ 2706. Administrative provisions
(a) Upon request of the Committee, the head of any Federal agency is authorized to detail to the Committee, on a nonreimbursable basis, any of the personnel of such agency to assist the Committee in carrying out the duties referred to under section 2703 and such detail shall be without interruption or loss of civil service status or privilege.
(b) For purposes of supporting the Committee, the Archivist may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS–16 of the General Schedule under section 5332 of such title.
(Added Pub. L. 101–509, title IV, § 1(d)(1), Nov. 5, 1990, 104 Stat. 1418.)
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
44 U.S.C. § 2902 (PUBLIC PRINTING AND DOCUMENTS)
§ 2902. Objectives of records management
It is the purpose of this chapter, and chapters 21, 31, and 33 of this title, to require the establishment of standards and procedures to assure efficient and effective records management. Such records management standards and procedures shall seek to implement the following goals:
(1) Accurate and complete documentation of the policies and transactions of the Federal Government.
(2) Control of the quantity and quality of records produced by the Federal Government.
(3) Establishment and maintenance of mechanisms of control with respect to records creation in order to prevent the creation of unnecessary records and with respect to the effective and economical operations of an agency.
(4) Simplification of the activities, systems, and processes of records creation and of records maintenance and use.
(5) Judicious preservation and disposal of records.
(6) Direction of continuing attention on records from their initial creation to their final disposition, with particular emphasis on the prevention of unnecessary Federal paperwork.
(7) Establishment and maintenance of such other systems or techniques as the Administrator or the Archivist considers necessary to carry out the purposes of this chapter, and chapters 21, 31, and 33 of this title.
(Added Pub. L. 94–575, § 2(a)(1), Oct. 21, 1976, 90 Stat. 2724; amended Pub. L. 98–497, title I, § 107(b)(14), Oct. 19, 1984, 98 Stat. 2288.)
heading: Prior Provisions
text: A prior section 2902, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296, related to activities of the Administrator of General Services with respect to records management, surveys, and reports, prior to repeal by Pub. L. 94–575, § 2(a)(1). See section 2904 of this title.
heading: Amendments
text: 1984—Par. (7). Pub. L. 98–497 inserted “or the Archivist” after “Administrator”.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 2903 (PUBLIC PRINTING AND DOCUMENTS)
§ 2903. Custody and control of property
(a) The Archivist shall have immediate custody and control of the National Archives Building and its contents, and may design, construct, purchase, lease, maintain, operate, protect, and improve buildings used by him for the storage of records of Federal agencies in the District of Columbia and elsewhere.
(b) When the Archivist considers it to be in the public interest, the Archivist may charge and collect reasonable fees from the public for the occasional, non-official use of rooms and spaces, and services related to such use, in the buildings subject to this section. Fees collected under this subsection shall be paid into an account in the National Archives Trust Fund and shall be held, administered, and expended for the benefit and in the interest of the national archival and records activities administered by the National Archives and Records Administration, including educational and public program purposes.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 98–497, title I, § 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108–383, § 4(b), Oct. 30, 2004, 118 Stat. 2218.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 392 (June 30, 1949, ch. 288, title V, § 502, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 2004—Pub. L. 108–383 designated existing provisions as subsec. (a) and added subsec. (b).
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 2905 (PUBLIC PRINTING AND DOCUMENTS)
§ 2905. Establishment of standards for selective retention of records; security measures
(a) The Archivist shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in applying the standards to records in their custody. He shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency that shall come to his attention, and assist the head of the agency in initiating action through the Attorney General for the recovery of records unlawfully removed and for other redress provided by law. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(b) The Archivist shall assist the Administrator for the Office of Information and Regulatory Affairs in conducting studies and developing standards relating to record retention requirements imposed on the public and on State and local governments by Federal agencies.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 96–511, § 2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98–497, title I, § 107(b)(15)(B), title II, § 203(a), Oct. 19, 1984, 98 Stat. 2288, 2294.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 395(b) (June 30, 1949, ch. 288, title V, § 505(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
Pub. L. 98–497, § 203(a), inserted “In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”
Subsec. (b). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
1980—Pub. L. 96–511 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 1984 Amendment
text: 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.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–511 effective on Apr. 1, 1981, see section 5 of Pub. L. 96–511, set out as a note under section 2904 of this title.
44 U.S.C. § 2906 (PUBLIC PRINTING AND DOCUMENTS)
§ 2906. Inspection of agency records
(a)
(1) In carrying out their respective duties and responsibilities under this chapter, the Administrator of General Services and the Archivist (or the designee of either) may inspect the records or the records management practices and programs of any Federal agency solely for the purpose of rendering recommendations for the improvement of records management practices and programs. Officers and employees of such agencies shall cooperate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this subsection.
(2) Records, the use of which is restricted by law or for reasons of national security or the public interest, shall be inspected, in accordance with regulations promulgated by the Administrator and the Archivist, subject to the approval of the head of the agency concerned or of the President. The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical.
(3) If the Administrator or the Archivist (or the designee of either) inspects a record, as provided in this subsection, which is contained in a system of records which is subject to section 552a of title 5, such record shall be—
(A) maintained by the Administrator, the Archivist, or such designee as a record contained in a system of records; or
(B) deemed to be a record contained in a system of records for purposes of subsections (b), (c), and (i) of section 552a of title 5.
(b) In conducting the inspection of agency records provided for in subsection (a) of this section, the Administrator and the Archivist (or the designee of either) shall, in addition to complying with the provisions of law cited in subsection (a)(3), comply with all other Federal laws and be subject to the sanctions provided therein.
(Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2725; amended Pub. L. 98–497, title I, § 107(b)(17), Oct. 19, 1984, 98 Stat. 2289.)
heading: Prior Provisions
text: A prior section 2906, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, contained provisions similar to those comprising subsec. (a)(1) and (2) of this section, prior to repeal by Pub. L. 94–575, § 2(a)(3).
heading: Amendments
text: 1984—Pub. L. 98–497 inserted reference to Archivist in four places in subsecs. (a) and (b) and inserted at end of subsec. (b)(2) “The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical.”
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 2907 (PUBLIC PRINTING AND DOCUMENTS)
§ 2907. Records centers and centralized microfilming services
The Archivist may establish, maintain, and operate records centers and centralized microfilming services for Federal agencies.
(Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2726; amended Pub. L. 98–497, title I, § 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288.)
heading: Prior Provisions
text: A prior section 2907, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, contained provisions similar to those comprising this section, prior to repeal by Pub. L. 94–575, § 2(a)(3).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 2908 (PUBLIC PRINTING AND DOCUMENTS)
§ 2908. Regulations
Subject to applicable law, the Archivist shall promulgate regulations governing the transfer of records from the custody of one executive agency to that of another.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 98–497, title I, § 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 395(e) (June 30, 1949, ch. 288, title V, § 505(e), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 2909 (PUBLIC PRINTING AND DOCUMENTS)
§ 2909. Retention of records
The Archivist may empower a Federal agency to retain records for a longer period than that specified in disposal schedules, and may withdraw disposal authorizations covering records listed in disposal schedules. The Archivist shall promulgate regulations in accordance with section 2104(a) of this title to implement this section.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 91–287, § 4, June 23, 1970, 84 Stat. 322; Pub. L. 98–497, title I, § 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108–383, § 2(a), Oct. 30, 2004, 118 Stat. 2218.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 395(f) (June 30, 1949, ch. 288, title V, § 505(f), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 2004—Pub. L. 108–383 struck out “, upon the submission of evidence of need,” after “Federal agency”, substituted “, and” for “; and, in accordance with regulations promulgated by him,”, and inserted at end “The Archivist shall promulgate regulations in accordance with section 2104(a) of this title to implement this section.”
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
1970—Pub. L. 91–287 struck out “approved by Congress” after “disposal schedules” in two places.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 2910 (PUBLIC PRINTING AND DOCUMENTS)
§ 2910. Preservation of Freedmen’s Bureau records
The Archivist shall preserve the records of the Bureau of Refugees, Freedmen, and Abandoned Lands, commonly referred to as the “Freedmen’s Bureau”, by using—
(1) microfilm technology for preservation of the documents comprising these records so that they can be maintained for future generations; and
(2) the results of the pilot project with the University of Florida to create future partnerships with Howard University and other institutions for the purposes of indexing these records and making them more easily accessible to the public, including historians, genealogists, and students, and for any other purposes determined by the Archivist.
(Added Pub. L. 106–444, § 2(a), Nov. 6, 2000, 114 Stat. 1929.)
heading: Prior Provisions
text: A prior section 2910, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, provided for final authority of Administrator in records practices, prior to repeal by Pub. L. 94–575, § 2(a)(4), Oct. 21, 1976, 90 Stat. 2726.
44 U.S.C. § 3102 (PUBLIC PRINTING AND DOCUMENTS)
§ 3102. Establishment of program of management
The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. The program, among other things, shall provide for
(1) effective controls over the creation and over the maintenance and use of records in the conduct of current business;
(2) cooperation with the Administrator of General Services and the Archivist in applying standards, procedures, and techniques designed to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value; and
(3) compliance with sections 2101–2117, 2501–2507, 2901–2909, and 3101–3107, of this title and the regulations issued under them.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 94–575, § 3(a)(1), (2), Oct. 21, 1976, 90 Stat. 2726; Pub. L. 98–497, title I, § 107(b)(19), Oct. 19, 1984, 98 Stat. 2290.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 396(b) (June 30, 1949, ch. 288, title V, § 506(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 1984—Pars. (2), (3). Pub. L. 98–497 inserted “and the Archivist” after “Administrator of General Services” in par. (2), and substituted “sections 2101–2117” for “sections 2101–2113” and struck out “2701,” before “2901” in par. (3).
1976—Pub. L. 94–575, § 3(a)(1), (2), substituted in par. (1) “the creation and over the maintenance” for “the creation, maintenance,” and in par. (3) reference to sections “2901–2909” for “2901, 2903–2909” of this title.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3103 (PUBLIC PRINTING AND DOCUMENTS)
§ 3103. Transfer of records to records centers
When the head of a Federal agency determines that such action may affect substantial economies or increased operating efficiency, he shall provide for the transfer of records to a records center maintained and operated by the Archivist, or, when approved by the Archivist, to a center maintained and operated by the head of the Federal agency.
(Added Pub. L. 94–575, § 3(a)(3), Oct. 21, 1976, 90 Stat. 2726; amended Pub. L. 98–497, title I, § 107(b)(20), Oct. 19, 1984, 98 Stat. 2290.)
heading: Prior Provisions
text: A prior section 3103, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298, contained provisions similar to those comprising this section, prior to repeal by Pub. L. 94–575, § 3(a)(3).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator” wherever appearing.
heading: Effective Date of 1984 Amendment
text: 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.
44 U.S.C. § 3104 (PUBLIC PRINTING AND DOCUMENTS)
§ 3104. Certifications and determinations on transferred records
An official of the Government who is authorized to certify to facts on the basis of records in his custody, may certify to facts on the basis of records that have been transferred by him or his predecessors to the Archivist, and may authorize the Archivist to certify to facts and to make administrative determinations on the basis of records transferred to the Archivist, notwithstanding any other law.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), Oct. 19, 1984, 98 Stat. 2290.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 396(d) (June 30, 1949, ch. 288, title V, § 506(d), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended Feb. 5, 1964, Pub. L. 88–265, 78 Stat. 8).
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
heading: Effective Date of 1984 Amendment
text: 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.