44 U.S.C. § 2105 — Personnel and services

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 and directives as such agency head deems necessary to carry out such regula- tions. (b) Except as otherwise expressly provided by law, the Archivist may delegate any of the func- tions of the Archivist to such officers and em- ployees of the Administration as the Archivist may designate, and may authorize such succes- sive redelegations of such functions as the Ar- chivist may deem to be necessary or appro- priate. A delegation of functions by the Archi- vist shall not relieve the Archivist of responsi- bility for the administration of such functions. (c) The Archivist may organize the Adminis- tration as the Archivist finds necessary or ap- propriate. (d) The Archivist is authorized to establish, maintain, alter, or discontinue such regional, local, or other field offices as the Archivist finds necessary or appropriate to perform the func- tions 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. Judicial notice shall be taken of such seal. (f) The Archivist may establish advisory com- mittees to provide advice with respect to any function of the Archivist or the Administration. Members of any such committee shall serve without compensation but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5. (g) The Archivist shall advise and consult with interested Federal agencies with a view to ob- taining 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 inves- tigatory functions are empowered, while en- gaged in the performance of their duties in con- ducting investigations, to administer oaths. (Added Pub. L. 98–497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2281.) Editorial Notes PRIOR PROVISIONS A prior section 2104 was renumbered section 2108 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. Executive Documents EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Archivist of United States, see Parts 1, 2, and 20 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. § 2105. Personnel and services (a)(1) The Archivist is authorized to select, ap- point, 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 Archi- vist is authorized to appoint, subject to the con- sultation requirements set forth in paragraph (f)(2) of section 2203 of this title,1 a director at each Presidential archival depository estab- lished under section 2112 of this title. The Archi- vist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United States Code, governing appoint- ments 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 Archi- vist may specify. (b) The Archivist is authorized to obtain the services of experts and consultants under sec- tion 3109 of title 5. (c) Notwithstanding the provisions of section 973 of title 10 or any other provision of law, the Archivist, in carrying out the functions of the Page 74 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2106 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, the Archivist is authorized to accept and utilize voluntary and uncompen- sated services. (Added Pub. L. 98–497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2281; amended Pub. L. 107–67, title VI, § 649, Nov. 12, 2001, 115 Stat. 556.) Editorial Notes REFERENCES IN TEXT Paragraph (f)(2) of section 2203 of this title, referred to in subsec. (a)(2), was redesignated (g)(2) of section 2203 of this title by Pub. L. 113–187, § 2(c)(3), Nov. 26, 2014, 128 Stat. 2006. PRIOR PROVISIONS A prior section 2105 was renumbered section 2109 of this title. AMENDMENTS 2001—Subsec. (a). Pub. L. 107–67 amended subsec. (a) generally, designating existing provisions as par. (1) and adding par. (2). 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. § 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 con- cerning the administration of functions of the Archivist, the Administration, the National His- torical Publications and Records Commission, and the National Archives Trust Fund. Such re- port shall describe— (1) program administration and expenditures of funds, both appropriated and non- appropriated, by the Administration, the Com- mission, and the Trust Fund Board; (2) research projects and publications under- taken 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 Archives and Records Administra- tion for expenditure to other Federal agencies; and (4) the matters specified in section 2904(c)(8) of this title. (Added Pub. L. 98–497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2282.) Editorial Notes PRIOR PROVISIONS A prior section 2106 was renumbered section 2110 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to the requirement that the Ar- chivist submit a report to Congress in January of each year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the last item on page 179 of House Docu- ment No. 103–7. § 2107. Acceptance of records for historical pres- ervation (a) IN GENERAL.—When it appears to the Ar- chivist to be in the public interest, the Archivist may— (1) accept for deposit with the National Ar- chives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Govern- ment; (2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Ar- chives of the United States, as soon as prac- ticable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agen- cy, unless the head of such agency has cer- tified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the reg- ular business of the agency; (3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has been termi- nated, with the approval of the head of that agency’s successor in function, if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public or educational institu- tions or associations; title to the records to re- main vested in the United States unless other- wise authorized by Congress; and (4) transfer materials from private sources authorized to be received by the Archivist by section 2111 of this title. (b) EARLY TRANSFER OF RECORDS.—The Archi- vist— (1) in consultation with the head of the orig- inating Federal agency, is authorized to ac- cept a copy of the records described in sub- section (a)(2) that have been in existence for less than thirty years; and (2) may not disclose any such records until the expiration of— (A) the thirty-year period described in paragraph (1); (B) any longer period established by the Archivist by order; or