National Archives and Records Administration Act of 1984
PL 98-497 (S.905), enacted 10/19/1984

98 STAT. 2280 
PUBLIC LAW 98-497—OCT. 19, 1984 
Oct. 19, 1984 
[S. 905] 
National 
Archives and 
Records 
Administration 
Act of 1984. 
44 u s e 101 note. 
Public Law 98-497 
98th Congress 
An Act 
To establish the National Archives and Records Administration, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "National Archives and Records Administration Act 
of 1984". 
TITLE I—ESTABLISHMENT OF AN INDEPENDENT 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
44 use 
2107-2118. 
44 u s e 2103. 
President of U.S. 
5 u s e 5314. 
ESTABLISHMENT 
SEC. 101. Section 2102 of title 44, United States Code, is amended 
to read as follows: 
"§ 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 adminis-
tered under the supervision and direction of the Archivist.". 
ORGANIZATION AND GENERAL AUTHORITY 
SEC. 102. (a) Chapter 21 of title 44, United States Code, is 
amended— 
(1) by redesignating sections 2103 through 2114 as sections 
2107 through 2118, respectively; and 
(2) by inserting after section 2102 the following new sections: 
"§2103. Officers 
"(a) The Archivist of the United States shall be appointed by the 
President by and with the advice and consent of the Senate. The 
Archivist shall be appointed without regard to political affiliations 
and solely on the basis of the professional qualifications required to 
perform the duties and responsibilities of the office of Archivist. The 
Archivist may be removed from office by the President. The Presi-
dent shall communicate the reasons for any such removal to each 
House of the Congress. 
"(b) The Archivist shall be compensated at the rate provided for 
level III of the Executive Schedule under section 5314 of title 5. 
"(c) There shall be in the Administration a Deputy Archivist of 
the United States, who shall be appointed by and who shall serve at 
the pleasure of the Archivist. The Deputy Archivist shall be estab-
lished as a career reserved position in the Senior Executive Service 
within the meaning of section 3132(a)(8) of title 5. The Deputy 
Archivist shall perform such functions as the Archivist shall desig-
nate. During any absence or disability of the Archivist, the Deputy 
Archivist shall act as Archivist. In the event of a vacancy in the 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2281 
office of the Archivist, the Deputy Archivist shall act as Archivist 
until an Archivist is appointed under subsection (a). 
"§ 2104. Administrative provisions 
44 use 2104. 
"(a) The Archivist shall prescribe such regulations as the Archi- 
Regulations, 
vist deems necessary to effectuate the functions of the Archivist, 
and the head of each executive agency shall cause to be issued such 
orders and directives as such agency head deems necessary to carry 
out such regulations. 
"(b) Except as otherwise expressly provided by law, the Archivist 
may delegate any of the functions of the Archivist to such officers 
and employees of the Administration as the Archivist may desig-
nate, and may authorize such successive redelegations of such func-
tions as the Archivist may deem to be necessary or appropriate. A 
delegation of functions by the Archivist shall not relieve the Archi-
vist of responsibility for the administration of such functions. 
"(c) The Archivist may organize the Administration as the Archi-
vist finds necessary or appropriate. 
"(d) The Archivist is authorized to establish, maintain, alter, or 
discontinue such regional, local, or other field offices as the Archi-
vist finds necessary or appropriate to perform the functions of the 
Archivist or the Administration. 
"(e) The Archivist shall cause a seal of office to be made for the 
Administration of such design as the Archivist shall approve. Judi-
cial notice shall be taken of such seal. 
"(f) The Archivist may establish advisory committees to provide 
advice with respect to any function of the Archivist or the Adminis-
tration. Members of any such committee shall serve without com-
pensation but shall be entitled to transportation expenses and per 
diem in lieu of subsistence in accordance with section 5703 of title 5. 
5 use 5703. 
"(g) The Archivist shall advise and consult with interested Federal 
agencies with a view to obtaining their advice and assistance in 
carrying out the purposes of this chapter. 
"(h) If authorized by the Archivist, officers and employees of the 
Administration having investigatory functions are empowered, 
while engaged in the performance of their duties in conducting 
investigations, to administer oaths, 
"§2105. Personnel and services 
44 use 2105. 
"(a) The Archivist is authorized to select, appoint, employ, and fix 
the compensation of such officers and employees, pursuant to part 
III of title 5, as are necessary to perform the functions of the 
5 use 2101. 
Archivist and the Administration. 
"(b) The Archivist is authorized to obtain the services of experts 
and consultants under section 3109 of title 5. 
"(c) Notwithstanding the provisions of section 973 of title 10 or 
10 use 973. 
any other provision of law, the Archivist, in carrying out the 
functions of the Archivist or the Administration, is authorized to 
utilize in the Administration the services of officials, officers, and 
other personnel in other Federal agencies, including personnel of 
the armed services, with the consent of the head of the agency 
concerned. 
"(d) Notwithstanding section 1342 of title 31, United States Code, 
Voluntarism. 
the Archivist is authorized to accept and utilize voluntary and 
uncompensated services. 
31-194 - 0 - 86 - 36 : 
QL. 3 Part 2 
98 STAT. 2282 
PUBLIC LAW 98-497—OCT. 19, 1984 
44 use 2106. 
"§ 2106. Reports to Congress 
"The Archivist shall submit to the Congress, in January of each 
year and at such other times as the Archivist finds appropriate, a 
report concerning the administration of functions of the Archivist, 
the Administration, the National Historical Publications and 
Records Commission, and the National Archives Trust Fund. Such 
report shall describe— 
"(1) program administration and expenditures of funds, both 
appropriated and nonappropriated, by the Administration, the 
Commission, and the Trust Fund Board; 
"(2) research projects and publications undertaken 
by 
Commission grantees, and by Trust Fund grantees, including 
detailed information concerning the receipt and use of all appro-
priated and nonappropriated funds; 
"(3) by account, the moneys, securities, and other personal 
property received and held by the National Archives Trust 
Fund Board, and of its operations, including a listing of the 
purposes for which funds are transferred to the National Ar-
chives and Records Administration for expenditure to other 
Federal agencies; and 
Post, p. 2288. 
"(4) the matters specified in section 2904(c)(8) of this title.", 
(b) Section 2101 of title 44, United States Code, is amended— 
(1) by designating the two indented paragraphs as paragraphs 
(1) and (2), respectively; 
(2) by striking out "sections 2103-2113 of this title" in the 
matter preceding the first such paragraph and inserting in lieu 
thereof "this chapter''; 
(3) by striking out the period at the end and inserting in lieu 
thereof a semicolon; and 
(4) by adding at the end thereof the following new paragraphs: 
"(3) 'Archivist' means the Archivist of the United States 
Ante, p. 2280. 
appointed under section 2103 of this title; and 
"(4) 'Administration' means the National Archives and 
Records Administration established under section 2102 of this 
Ante, p. 2280. 
title.". 
(c)(1) The table of sections for chapter 21 of title 44, United States 
Code, is amended to read as follows: 
"CHAPTER 21—NATIONAL ARCHIVES AND 
RECORDS ADMINISTRATION 
"Sec. 
"2101. Definitions. 
"2102. Establishment. 
"2103. Officers. 
"2104. Administrative provisions. 
"2105. Personnel and services. 
"2106. Reports to Congress. 
"2107. Acceptance of records for historical preservation. 
"2108. Responsibility for custody, use, and withdrawal of records. 
"2109. Preservation, arrangement, duplication, exhibition of records. 
"2110. Servicing records. 
"2111. Material accepted for deposit. 
"2112. Presidential archival depository. 
"2113. Depository for agreements between States. 
"2114. Preservation of motion-picture films, still pictures, and sound recordings. 
"2115. Reports; correction of violations. 
"2116. Legal status of reproductions; official seal; fees for copies and reproductions. 
"2117. Limitation on liability. 
"2118. Records of C!ongress.'. 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2283 
(2) The item relating to chapter 21 in the table of chapters for title 
44, United States Code, is amended to read as follows: 
"21. National Archives and Records Administration 
2101". 
TRANSFERS 
SEC. 103. (a) The National Archives and Records Service of the 
44 use 2102 
General Services Administration is transferred to the National 
note. 
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; relating to documents and the Adminis- 
3 use 301 note. 
trative Committee of the Federal Register), and by Executive Order 
Nunbered 11440 of December 11, 1968 (33 Fed. Reg. 18475; relating 
44 use 2105 
to supplemental use of Federal exhibits and displays), shall be 
"ot^. 
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), relating to the Lyndon Baines 
44 use 2108 
Johnson Presidential Archival Depository, and by the Act of August 
note. 
27, 1966 (Public Law 89-547, 80 Stat. 370) and the Act of May 26, 
44 use 2108 
1977 (Public Law 95-34, 91 Stat. 174), relating to the John Fitzgerald 
note. 
Kennedy Library, shall be exercised by the Archivist of the United 
States. 
(c) 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. 
(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 
Ante, p. 2280. 
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 O
t
>
) of 
such section. 
TRANSFER OF PERSONNEL 
SEC. 104. (a) Except as otherwise provided in this Act, the person- 
44 USC 2102 
nel employed in connection with, and the assets, liabilities, 
note. 
contracts, property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds employed, held, 
used, arising from, available to or to be made available in connec-
tion 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 trans-
ferred to the Archivist for appropriate allocation (1) for the remain-
der 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. Unex-
pended funds transferred pursuant to this subsection shall be used 
98 STAT. 2284 
PUBLIC LAW 98-497—OCT. 19, 1984 
only for the purposes for which the funds were originally authorized 
and appropriated. 
(h) The transfer pursuant to this title 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. 
SAVINGS PROVISIONS 
44 use 2102 
SEC. 105. (a) All orders, determinations, rules, regulations, grants, 
note. 
contracts, agreements, permits, licenses, privileges, and other ac-
tions which have been issued, granted, made, undertaken, or en-
tered 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. 
(b)(1) 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 pro-
ceedings 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 pay-
ments 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 oper-
ation 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 pro-
ceeding could have been discontinued or modified if this Act had not 
been enacted. 
Regulations. 
(2) The Archivist is authorized to promulgate regulations provid-
ing 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 and of the amendments made by 
this Act shall not affect actions commenced prior to the effec-
tive date of this Act, and 
(2) in all such actions, proceedings shall be had, appeals 
taken, and judgments rendered in the same manner and effect 
£is 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 capac-
ity 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. 
(e) If, before the date on which this Act takes effect, the General 
Services Administration or any officer thereof in the official capac-
ity 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 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2285 
action is transferred to the Archivist or any other official of the 
Administration, then such action shall be continued with the Archi-
vist 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 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, hear-
ings, 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. 
REFERENCE 
SEC. 106. With respect to any functions transferred by this Act or 
44 use 2102 
by an amendment made by this Act and exercised after the effective 
note. 
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. 
CONFORMING AMENDMENTS 
SEC. 107. (a)(1) Section 2107 of title 44, United States Code, as 
redesignated by section 102(a)(1), is amended— 
Ante, p. 2280. 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist"; 
(B) by striking out "or of the Congress" in paragraph (1) and 
inserting in lieu thereof ", the Congress, the Architect of the 
Capitol, or the Supreme Court"; 
(C) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist"; and 
(D) by striking out "section 2107" in paragraph (4) and insert-
ing in lieu thereof "section 2111". 
(2) Section 2108 of such title, as redesignated by section 102(a)(1), is 
44 use 21O8. 
amended— 
(A) by striking out "the Administrator, the Archivist of the 
United States, and to the employees of the General Services 
Administration" in subsection (a) and inserting in lieu thereof 
"the Archivist and to the employees of the National Archives 
and Records Administration"; 
(B) by striking out "and in consultation with the Archivist of 
the United States" in such subsection; 
(C) by striking out "the Archivist and" in the fifth sentence of 
such subsection; 
(D) by striking out "Administrator of General Services" each 
place it appears and inserting in lieu thereof "Archivist"; and 
(E) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist". 
(3) Section 2109 of such title, as redesignated by section 102(a)(1), is 
44 use 2109. 
amended— 
98 STAT. 2286 
PUBLIC LAW 98-497—OCT. 19, 1984 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist"; and 
(B) by inserting "and Records" immediately following "Na-
tional Historical Publications". 
44 use 2110. 
(4) Section 2110 of such title, as redesignated by section 102(a)(1), is 
Ante, p. 2280. 
amended by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist". 
44 use 2111. 
(5) Section 2111 of such title, as redesignated by section 102(a)(1), is 
amended— 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist"; and 
(B) by striking out "Administrator" and inserting in lieu 
thereof "Archivist". 
44 use 2112. 
(6) Section 2112 of such title, as redesignated by section 102(a)(1), is 
amended— 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist"; 
(B) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist"; and 
(C) by striking out "section 2107" each place it appears and 
inserting in lieu thereof "section 2111". 
44 use 2113, 
(7) Sections 2113, 2114, and 2117 of such title, as redesignated by 
2114, 2117. 
section 102(a)(1), are amended by striking out "Administrator of 
General Services" and inserting in lieu thereof "Archivist". 
44 use 2115. 
(8) Section 2115 of such title, as redesignated by section 102(a)(1), is 
amended to read as follows: 
"§ 2115. Reports; correction of violations 
"(a) In carrying out their respective duties and responsibilities 
44 use 2101, 
under chapters 21, 25, 29, 31, and 33 of this title, the Archivist and 
2501, 2901, 3101, the Administrator may each obtain reports from any Federal agency 
on such agency's activities under such chapters. 
"(b) When either the Archivist or the Administrator finds that a 
provision of any such chapter has been or is being violated, the 
Archivist or the Administrator shall (1) inform in writing the head 
of the agency concerned of the violation and make recommendations 
for its correction; and (2) unless satisfactory corrective measures are 
inaugurated within a reasonable time, submit a written report of 
the matter to the President and the Congress.". 
44 use 2116. 
(9) Section 2116 of such title, as redesignated by section 102(aXl), is 
Ante, p. 2280. 
amended— 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist,"; and 
(B) by striking out "Administrator" and inserting in lieu 
thereof "Archivist". 
44 use 2118. 
(10) Section 2118 of such title, as redesignated by section 102(aXl), 
is amended by striking out "General Services Administration" and 
inserting 
in 
lieu 
thereof 
"National 
Archives 
and 
Records 
Administration". 
(bXD Sections 710, 711, and 729 of title 44, United States Code, are 
amended by striking out "Administrator of General Services" each 
place it appears and inserting in lieu thereof "Archivist of the 
United States". 
44 use 1501. 
(2) Section 1501 of such title is amended— 
(A) by striking out the period at the end of the last paragraph 
and inserting in lieu thereof a semicolon and "and"; and 
(B) by adding at the end thereof the following new paragraph: 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2287 
" 'National Archives of the United States' has the same mean-
ing as in section 2901(11) of this title.". 
(3) Section 1502 of such title is amended by striking out "Adminis- 
44 use 1502. 
trator of General Services" each place it appears and inserting in 
lieu thereof "Archivist of the United States". 
(4) Section 1503 of such title is amended— 
44 use 1503. 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist of the United States"; 
(B) by striking out "General Services Administration" and 
inserting in lieu thereof "National Archives and Records 
Administration"; and 
(C) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist". 
(5) Section 1506 of such title is amended by striking out the third 
4
4 use 1506. 
sentence. 
(6) Section 1714 of such title is amended by striking out "General 
44 use 1714. 
Services Administration" and inserting in lieu thereof "National 
Archives and Records Administration". 
(7) Sections 2204(c)(1) and 2205 of such title are amended by 
44 use 2204, 
striking out "National Archives and Records Service of the General 2205. 
Services Administration" and inserting in lieu thereof "National 
Archives and Records Administration". 
(8) Section 2301 of such title is amended by striking out the second 
4
4 use 2301. 
sentence thereof. 
(9) Section 2501 of such title is amended by striking out the last 
4
4 use 2501. 
sentence thereof. 
(10) Section 2504 of such title is amended— 
4
4 use 2504. 
(A) by striking out "Administrator of General Services" in the 
^'^ Stat. 1323. 
third sentence of subsection (a) and inserting in lieu thereof 
"Archivist of the United States"; 
(B) by inserting "and Records" after "Historical Publications" 
in the fourth sentence of such subsection; 
(C) by striking out "Administrator" in the fourth sentence of 
such subsection and inserting in lieu thereof "Archivist"; 
(D) by striking out "transmit to the Administrator" in the last 
sentence of such subsection and inserting in lieu thereof "trans-
mit to the President and the Congress"; and 
(E) by striking out "General Services Administration" in 
subsection (b) and inserting in lieu thereof "National Archives 
and Records Administration". 
(11) Section 2506 of such title is amended— 
44 use 2506. 
(A) by striking out "Administrator of General Services" in 
subsection (a) and inserting in lieu thereof "Archivist of the 
United States"; and 
(B) by striking out "Administrator" in subsection (b) and 
inserting in lieu thereof "Archivist". 
(12XA) Section 2507 of such title is repealed. 
Repeal. 
(B) The table of sections for chapter 25 of such title is amended by 44 use 2507. 
striking out the item relating to section 2507. 
(13) Section 2901 of such title is amended— 
44 use 2901. 
(A) by striking out "27," in the matter preceding paragraph 
(1); 
(B) by inserting before the semicolon at the end of paragraph 
(2) the following: "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"; 
98 STAT. 2288 
PUBLIC LAW 98-497—OCT. 19, 1984 
(C) by striking out "Administrator" each place it appears in 
paragraphs (6), (9), and (11) and inserting in Heu thereof "Archi-
vist"; and 
(D) by striking out paragraphs (12) and (13) and inserting in 
Heu thereof the following: 
"(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 3(a) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 472(a)); 
"(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.". 
44 use 2902. 
(14) Section 2902(7) of such title is amended by inserting "or the 
Archivist" after "Administrator". 
44 use 2903, 
(15)(A) Sections 2903 and 2907 of such title are amended by 
2907 
striking out "Administrator" each place it appears and inserting in 
lieu thereof "Archivist". 
44 use 2905, 
(B) Sections 2905, 2908, and 2909 of such title are amended by 
2908, 2909. 
striking out "Administrator of General Services" each place it 
appears and inserting in lieu thereof "Archivist". 
44 use 2904. 
(16) Section 2904 of such title is amended to read as follows: 
"§ 2904. General responsibilities for records management 
"(a) The Archivist shall provide guidance and assistance to 
Federal agencies with respect to ensuring adequate and proper 
documentation of the policies and transactions of the Federal Gov-
ernment and ensuring proper records disposition. 
"(b) The Administrator shall provide guidance and assistance to 
Federal agencies to ensure economical and effective records manage-
ment by such agencies. 
"(c) In carrying out their responsibilities under subsection (a) or 
Ob), respectively, the Archivist and the Administrator shall each 
have the responsibility— 
"(1) to promulgate standards, procedures, and guidelines with 
respect to records management and the conduct of records 
management studies; 
"(2) to conduct research with respect to the improvement of 
records management practices and programs; 
"(3) to collect and disseminate information on training pro-
grams, technological developments, and other activities relating 
to records management; 
"(4) to establish such interagency committees and boards as 
may be necessary to provide an exchange of information among 
Federal agencies with respect to records management; 
"(5) to direct the continuing attention of Federal agencies and 
the Congress on the need for adequate policies governing 
records managemeht; 
studies. 
"(6) to conduct records managerhent studies and, in his discre-
tion, designate the heads of executive agencies to conduct 
records management studies with respect to establishing sys-
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2289 
terns and techniques designed to save time and effort in records 
management; 
"(7) to conduct inspections or surveys of the records and the 
records management programs and practices within and be-
tween Federal agencies; 
"(8) to report to the appropriate oversight and appropriations 
Report, 
committees of the Congress and to the Director of the Office of 
Management and Budget in January of each year and at such 
other times as the Archivist or the Administrator (as the case 
may be) deems desirable— 
"(A) on the results of activities conducted pursuant to 
paragraphs (1) through (7) of this section, 
"(B) on evaluations of responses by Federal agencies to 
any recommendations resulting from inspections or studies 
conducted under paragraphs (6) and (7) of this section, and 
"(C) to the extent practicable, estimates of costs to the 
Federal Government resulting from the failure of agencies 
to implement such recommendations. 
"(d) In addition, the Administrator, in carrying out subsection (b), 
shall have the responsibility to promote economy and efficiency in 
the selection and utilization of space, staff, equipment, and supplies 
for records management.". 
(17) Section 2906 of such title is amended to read as follows: 
44 use 2906. 
"§ 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 im-
provement of records management practices and programs. Officers 
and employees of such agencies shall cooperate fully in such inspec-
tions, 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 accord-
ance with regulations promulgated by the Administrator and the 
Archivist, subject to the approval of the head of the agency con-
cerned or of the President. The regulations promulgated by the 
Regulations. 
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— 
5 use 552a. 
"(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.". 
(18)(A) The heading of chapter 29 of title 44, United States Code, is 
44 use prec. 
amended to read as follows: 
2901. 
98 STAT. 2290 
PUBLIC LAW 98-497—OCT. 19, 1984 
"CHAPTER 29—RECORDS MANAGEMENT BY THE 
ARCHIVIST OF THE UNITED STATES AND BY 
THE ADMINISTRATOR 
OF GENERAL 
SERV-
ICES". 
(B) The item relating to chapter 29 in the table of chapters for title 
44, United States Code, is amended to read as follows: 
"29. Records Management by the Archivist of the United States and by the 
Administrator of General Services 
2901". 
44 use 3102. 
(19) Section 3102 of such title is amended— 
(A) by inserting "and the Archivist" after "Administrator of 
General Services" in paragraph (2); 
(B) by striking out "sections 2101-2113" and inserting in lieu 
thereof "sections 2101-2117"; and 
(C) by striking out "2701,". 
44 use 3103. 
(20) Section 3103 of such title is amended by striking out "Admin-
istrator" each place it appears and inserting in lieu thereof 
"Archivist". 
44 use 3104, 
(21) Sections 3104 and 3106 of such title are amended— 
3106. 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist"; and 
(B) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist". 
44 use 3105. 
(22) Section 3105 of such title is amended by striking out "Admin-
istrator of General Services" and inserting in lieu thereof 
"Archivist". 
44 use 3302, 
(23) Sections 3302, 3303, 3308, and 3311 of such title are amended 
3303, 3308, 3311. by striking out "Administrator of General Services" and inserting in 
lieu thereof "Archivist". 
44 use 3303a, 
(24) Sections 3303a and 3310 of such title are amended— 
3310. 
(A) by striking out "Administrator of General Services" and 
inserting in lieu thereof "Archivist"; and 
(B) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist". 
44 use 3803. 
(25)(A) The heading of section 3303 of such title is amended to read 
as follows: 
"§3303. Lists and schedules of records to be submitted to the 
Archivist by head of each Government agency". 
44 use 3303a. 
(B) The heading of section 3303a of such title is amended to read 
£is follows: 
"§ 3303a. Examination by Archivist of lists and schedules of 
records 
lacking 
preservation 
value; disposal 
of 
records". 
44 use 3311. 
(C) The heading of section 3311 of such title is amended to read as 
follows: 
"§3311. Destruction of records outside continental United States in 
time of war or when hostile action seems imminent; 
written report to Archivist". 
(D) The table of sections for chapter 33 of such title is amended by 
striking out "Administrator of General Services" in the items per-
taining to sections 3303, 3303a, and 3311 and inserting in lieu 
thereof "Archivist". 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2291 
(26) Section 3504(e) of such title is amended by inserting "the 
44 use 3504. 
Archivist of the United States and" before "the Administrator of 
General Services" each place it appears in paragraphs (1) and (2). 
(27) Section 3513 of such title is amended by inserting "and the 
44 use 3513. 
Archivist of the United States" after "Administrator of General 
Services". 
(c)(1) Section 101 of the Presidential Recordings and Materials 
Preservation Act is amended— 
44 use 2111 
(A) by striking out "section 2107" each place it appears and ^°^^-
inserting in lieu thereof "section 2111"; 
(B) by striking out "Administrator of General Services (here-
inafter in this title referred to as the 'Administrator')" and 
inserting in lieu thereof "Archivist of the United States (herein-
after referred to as the 'Archivist')"; and 
(C) by striking out "Administrator" and inserting in lieu 
thereof "Archivist". 
(2) Section 102 of such Act is amended— 
44 use 2111 
(A) by striking out "section 2107" and inserting in lieu thereof 
note. 
"section 2111", and 
(B) by striking out "Administrator" each place it appears and 
inserting in lieu thereof "Archivist". 
(3) Section 103 of such Act is amended by striking out "Adminis- 
44 use 2111 
trator" and inserting in lieu thereof "Archivist". 
"°*® 
(4) Section 104 of such Act is amended— 
44 use 2111 
(A) by striking out "Administrator" each place it appears and 
"ote. 
inserting in lieu thereof "Archivist"; and 
(B) by striking out subsection (b) and inserting in lieu thereof 
the following: 
"(b) The regulations proposed by the Archivist in the report 
Regulations. 
required by subsection (a) shall not take effect until the expiration 
of the first period of 60 calendar days of continuous session of the 
Congress after the date of the submission of such regulations to each 
House of the Congress. For the purposes of this subsection, continu-
ity of session is broken only by an adjournment of Congress sine die, 
but the days on which either House is not in session because of an 
adjournment of more than three days to a day certain are 
excluded.". 
(d) Sections 106a, 106b, 112, 113, and 201 of title 1, United States 
Code, are amended by striking out "Administrator of General Serv-
ices" and "General Services Administration" each place they appear 
and inserting in lieu thereof "Archivist of the United States" and 
"National Archives and Records Administration", respectively. 
(eXD Sections 6 and 11 through 13 of title 3, United States Code, 
are amended by striking out "Administrator of General Services" 
and "General Services Administration" each place they appear and 
inserting in lieu thereof "Archivist of the United States," and 
"National Archives and Records Administration", respectively. 
(2XA) The heading of section 6 of such title is amended to read as 
3 use 6. 
follows: 
**§6. Credentials of electors; transmission to Archivist of the 
United States and to Congress; public inspection". 
(B) The heading of section 12 of such title is amended to read as 
3 use 12. 
follows: 
98 STAT. 2292 
PUBLIC LAW 98-497—OCT. 19, 1984 
"§12. Failure of certificates of electors to reach President of the 
Senate or Archivist of the United States; demand on State 
for certificate". 
3 use 1 et seq. 
(3) The table of sections for chapter 1 of such title is amended by 
striking out "Administrator of General Services" in the items per-
taining to sections 6 and 12 and inserting in lieu thereof "Archivist 
of the United States". 
(f) Sections 141 through 145 of title 4, United States Code, are 
amended by striking out "Administrator of General Services", "Ad-
ministrator", and "General Services Administration" each place 
they appear and inserting in lieu thereof "Archivist of the United 
States", "Archivist", and "National Archives and Records Adminis-
tration", respectively. 
(g) Section 552a of title 5, United States Code, is amended— 
(1) by striking out subsection (b)(6) and inserting in lieu 
thereof the following: 
"(6) to the National Archives and Records Administration as 
a record which has sufficient historical or other value to war-
rant its continued preservation by the United States Govern-
ment, or for evaluation by the Archivist of the United States or 
the designee of the Archivist to determine whether the record 
has such value;"; and 
(2) by striking out "Administrator of General Services" each 
place it appears in subsection (1)(1) and inserting in lieu thereof 
"Archivist of the United States". 
(h) Section 5314 of title 5, United States Code, is amended by 
adding at the end thereof the following: 
"Archivist of the United States.". 
(i) Section 4(5) of the Act of October 25, 1951 (25 U.S.C. 199a) is 
amended by striking out "Administrator of General Services" each 
place it appears and inserting in lieu thereof "Archivist of the 
United States". 
DEFINITIONS 
44 use 2102 
SEC. 108. For purposes of sections 103 through 106— 
"ote 
(1) the term "Archivist" means the Archivist of the United 
States appointed under section 2103 of title 44, United States 
Ante, p. 2280. 
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 
Ante, p. 2280. 
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. 
TITLE II—ADMINISTRATIVE PROVISIONS 
COPYING AND AUTHENTICATING CHARGES 
SEC. 201. Section 2116(c) of title 44, United States Code (as redesig-
Ante, p. 2280. 
nated by section 102(a)), is amended to read as follows: 
"(c) The Archivist may charge a fee set to recover the costs for 
making or authenticating copies or reproductions of materials trans-
ferred to his custody. Such fee shall be fixed by the Archivist at a 
level which will recover, so far as practicable, all elements of such 
costs, and may, in the Archivist's discretion, include increments for 
the estimated replacement cost of equipment. Such fees shall be 
paid into, administered, and expended as a part of the National 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2293 
Archives Trust Fund. The Archivist may not charge for making or 
authenticating copies or reproductions of materials for official use 
by the United States Government unless appropriations available to 
the Archivist for this purpose are insufficient to cover the cost of 
performing the work.". 
NATIONAL ARCHIVES TRUST FUND BOARD 
SEC. 202. (a) Chapter 23 of title 44, United States Code, is amended 
by striking out sections 2302 through 2305 and inserting in lieu 
thereof the following: 
"§ 2302. Authority of the Board; seal; services; bylaws; rules; regu- 
44 USC 2302. 
lations; employees 
"In carrying out the purposes of this chapter, the Board— 
"(1) may adopt an official seal, which shall be judicially 
noticed; 
"(2) may utilize on a reimbursable basis the services and 
personnel of the National Archives and Records Administration 
necessary (as determined by the Archivist) to assist the Board in 
the administration of the trust fund, and in the preparation and 
publication of special works and collections of sources and 
preparation, duplication, editing, and release of historical pho-
tographic materials and sound recordings, and may utilize on a 
reimbursable basis the services and personnel of other Federal 
agencies for such purposes; 
"(3) may adopt bylaws, rules, and regulations necessary for 
the administration of its functions under this chapter; and 
"(4) may, subject to the laws and regulations governing ap-
pointments in the civil service, appoint and fix the compensa-
tion of such personnel as may be necessary to carry out its 
functions. 
"§2303. Powers and obligations of the Board; liability of members 
44 USC 2303. 
"Except as otherwise provided by this chapter, the Board shall 
have all the usual powers and obligations of a trustee with respect to 
property and funds administered by it, but the members of the 
Board are not personally liable, except for malfeasance. 
"§2304. Compensation of members; availability of trust funds for 
44 USC 2304. 
expenses of the Board 
"Compensation may not be paid to the members of the Board for 
their services as members. Costs incurred by the Board in carrying 
out its duties under this chapter, including the obligations neces-
sarily incurred by the members of the Board in the performance of 
their duties and the compensation of persons employed by the 
Board, shall be paid by the Archivist of the United States from trust 
funds available to the Board for this purpose. The Board, by resolu-
tion, may authorize the transfer of funds (including the principal or 
interest of a gift or bequest) to the National Archives and Records 
Administration to be expended on an archival or records activity 
approved by the Board or to accomplish the purpose of a gift or 
bequest. 
"§ 2305. Acceptance of gifts 
44 USC 2305. 
"The Board may solicit and accept gifts or bequests of money, 
securities, or other personal property, for the benefit of or in connec-
98 STAT. 2294 
PUBLIC LAW 98-497—OCT. 19, 1984 
tion with the national archival and records activities administered 
by the National Archives and Records Administration. Moneys that 
are for deposit into the trust fund shall be deposited within 10 
working days of the receipt thereof.". 
(b) Section 2307 of title 44, United States Code, is amended to read 
as follows: 
"§2307. Trust fund account; disbursements; sales of publications 
and releases 
"The income from trust funds held by the Board and the proceeds 
from the sale of securities and other personal property, as and when 
collected, shall be covered into the Treasury of the United States in 
a trust fund account to be known as the National Archives Trust 
Fund, subject to disbursement on the basis of certified vouchers of 
the Archivist of the United States (or his designee) for activities 
approved by the Board and in the interest of the national archival 
and records activities administered by the National Archives and 
Records Administration, including but not restricted to the prepara-
tion and publication of special works, and collections of sources and 
the preparation, duplication, editing, and release of historical photo-
graphic materials and sound recordings. The Archivist may sell 
publications and releases authorized by this section and paid for out 
of the income derived from trust funds at a price which will cover 
their cost, plus 10 percent, and moneys received from these sales 
shall be paid into, administered, and expended as part of the 
National Archives Trust Fund.". 
(c) The table of sections for chapter 23 of title 44, United States 
Code, is amended by striking out the item pertaining to section 2302 
and inserting in lieu thereof the following: 
"2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees.". 
Federal 
Register, 
publication. 
SECURITY OF RECORDS 
SEC. 203. (a) Section 2905(a) of title 44, United States Code, is 
amended by adding at the end thereof the following new sentence: 
"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 Archi-
vist shall request the Attorney General to initiate such an action, 
and shall notify the Congress when such a request has been made.". 
Ot)) Section 3106 of title 44, United States Code, is amended by 
adding at the end thereof the following new sentence: "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.". 
PUBLIC NOTICE 
SEC. 204. Section 3303a(a) of title 44, United States Code, is 
amended by inserting ", after publication of notice in the Federal 
Register and an opportunity for interested persons to submit com-
ment thereon" immediately after "may" in the second sentence 
thereof. 
PUBLIC LAW 98-497—OCT. 19, 1984 
98 STAT. 2295 
TITLE III-GENERAL PROVISIONS 
EFFECTIVE DATE 
SEC. 301. The provisions of this Act (including the amendments 
44 use 2102 
made by this Act) shall be effective on April 1,1985. 
^°^-
, SPENDING AUTHORITY 
SEC. 302. Any new spending authority (within the meaning of 
44 USC 2102 
section 401 of the Congressional Budget Act of 1974) which is 
o^usrfi'^i 
provided under this Act shall be effective for any fiscal year only to 
the extent or in such amounts as provided in appropriations Acts. 
Approved October 19, 1984. 
LEGISLATIVE HISTORY—S. 905 (H.R. 3987): 
HOUSE REPORTS: No. 98-1124 (Comm. of Conference) and No. 98-707 accompany-
ing H.R. 8987 (Comm. on Government Operations). 
SENATE REPORT No. 98-373 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
June 21, considered and passed Senate. 
Aug. 2, H.R. 3987 considered and passed House; S. 905, amended, passed in lieu. 
Oct. 3, Senate agreed to conference report. 
Oct. 4, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): 
Oct. 19, Presidential statement.