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44 U.S.C. § 2105 — Personnel and services
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) 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 Archivist and the Administration.
(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph (f)(2) of [section 2203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2203&num=0&edition=prelim),11 See References in Text note below. a director at each Presidential archival depository established under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2112&num=0&edition=prelim). The Archivist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United States Code, governing appointments in the competitive service and the Senior Executive Service. A director so appointed shall be responsible for the care and preservation of the Presidential records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the Archivist and shall perform such other functions as the Archivist may specify.
**(b)** The Archivist is authorized to obtain the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
**(c)** Notwithstanding the provisions of [section 973 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section973&num=0&edition=prelim) or any other provision of law, the Archivist, in carrying out the functions of the Archivist or the Administration, is authorized to
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Stable record: federal_law:legal_authorities:record_usc_d52776cf5359135174262933
Source file: Laws/federal/codes/united-states-code/title-44/section-2105-personnel-and-services--cd71b2c42b.md
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Source location: Title 44, Chapter 21, § 2105; chapter-021-national-archives-and-records-administration.md
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**(a)**
(1) 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 Archivist and the Administration.
(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph (f)(2) of [section 2203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2203&num=0&edition=prelim),11 See References in Text note below. a director at each Presidential archival depository established under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2112&num=0&edition=prelim). The Archivist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United States Code, governing appointments in the competitive service and the Senior Executive Service. A director so appointed shall be responsible for the care and preservation of the Presidential records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the Archivist and shall perform such other functions as the Archivist may specify.
**(b)** The Archivist is authorized to obtain the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
**(c)** Notwithstanding the provisions of [section 973 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section973&num=0&edition=prelim) or 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), United States Code, the Archivist is authorized to accept and utilize voluntary and uncompensated services.
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Federal law — U.S. Code and appendices · legal_authorities
An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1342
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No officer of an armed force on active duty may accept employment if that employment requires him to be separated from his organization, branch, or unit, or interferes with the performance of his military duties.
**(b)**
(1) This subsection applies—
(A) to a regular officer of an armed force on the active-duty list (and a regular officer of the Coast Guard on the active duty promotion list);
(B) to a retired regular officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 270 days;
(C) to a reserve officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 270 days; and
(D) to an officer on the Space Force officer list serving on active duty under [section 20105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105/b&num=0&edition=prelim) or under a call or order to active duty for a period in excess of 270 days.
(2)
(A) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold, or exercise the functions of, a civil office in the Government of the United States—
(i) that is an elective office;
(ii) that requires an appointment by the President by and with the advice and consent of the Senate; or
(iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5.
(B) An officer to whom this subsection applies may hold or exercise the functions of a civil office in the Government of the United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform those functions.
(3) Except as otherwise authorized by law, an officer to whom this subsection applies by reason of sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 973
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and maintained as Presidential records pursuant to the requirements of this section and other provisions of law.
**(b)** Documentary materials produced or received by the President, the President’s staff, or units or individuals in the Executive Office of the President the function of which is to advise or assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.
**(c)** During the President’s term of office, the President may dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evidentiary value if—
(1) the President obtains the views, in writing, of the Archivist concerning the proposed disposal of such Presidential records; and
(2) the Archivist states that the Archivist does not intend to take any action under subsection (e) of this section.
**(d)** In the event the Archivist notifies the President under subsection (c) that the Archivist does intend to take action under subsection (e), the President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of Congress in advance of the proposed disposal date. For the purpose of this section, continuity of session is b
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2203
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When the Archivist considers it to be in the public interest, the Archivist may—
(A)
(i) accept, for and in the name of the United States, land, a facility, and equipment offered as a gift to the United States for the purpose of creating a Presidential archival depository;
(ii) take title to the land, facility, and equipment on behalf of the United States; and
(iii) maintain, operate, and protect the land, facility, and equipment as a Presidential archival depository and as part of the national archives system;
(B)
(i) make agreements, upon terms and conditions the Archivist considers proper, with a State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, a facility, and equipment of the State, subdivision, university, or other organization, to be made available by it without transfer of title to the United States; and
(ii) maintain, operate, and protect the depository as a part of the national archives system; and
(C) accept, for and in the name of the United States, gifts offered for the purpose of making any physical or material change or addition to a Presidential archival depository.
(2) The Archivist shall promulgate architectural and design standards applicable to Presidential archival depositories in order to ensure that such depositories (A) preserve Presidential records subject to chapter 22 of this title and papers and other historical materials accepted for deposit under [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2111&num=0&edition=prelim) and (B) contain adequate research facilities.
(3) Prior to accepting and taking title to any land, facility, or equipmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2102
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Federal law — U.S. Code and appendices · legal_authorities
The Archivist shall provide for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microcopy publications), description, and exhibition of records or other documentary material transferred to him as may be needful or appropriate, including the preparation and publication of inventories, indexes, catalogs, and other finding aids or guides to facilitate their use. He may also prepare guides and other finding aids to Federal records and, when approved by the National Historical Publications and Records Commission, publish such historical works and collections of sources as seem appropriate for printing or otherwise recording at the public expense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2109
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title; and
(3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services.
**(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
**(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3109
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Federal law — U.S. Code and appendices · legal_authorities
Page 73
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 2105
1 See References in Text note below.
sional qualifications required to perform the du-
ties and responsibilities of the office of Archi-
vist. The Archivist may be removed from office
by the President. The President shall commu-
nicate 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 Dep-
uty 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
established 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 designate. During any absence or disability
of the Archivist, the Deputy Archivist shall act
as Archivist. In the event of a vacancy in the of-
fice of the Archivist, the Deputy Archivist shall
act as Archivist until an Archivist is appointed
under subsection (a).
(Added Pub. L. 98–497, title I, § 102(a)(2), Oct. 19,
1984, 98 Stat. 2280.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2103 was renumbered section 2107 of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Apr. 1, 1985, see section 301 of Pub.
L. 98–497, set out as an Effective Date of 1984 Amend-
ment note under section 2102 of this title.
§ 2104. Administrative provisions
(a) The Archivist shall prescribe such regula-
tions as the Archivist deems necessary to effec-
tuate the functions of the Archivist, and the
head of each executive agency shall cause to be
issued such orders
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 2105
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