44 U.S.C. § 2101 — Definitions

Page 70 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1916 (Added Pub. L. 92–368, § 1(a), Aug. 10, 1972, 86 Stat. 507; amended Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–235 substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’. § 1916. Designation of libraries of accredited law schools as depository libraries (a) Upon the request of any accredited law school, the Director of the Government Pub- lishing Office shall designate the library of such law school as a depository library. The Director of the Government Publishing Office may not make such designation unless he determines that the library involved meets the require- ments of this chapter, other than those require- ments of the first undesignated paragraph of section 1909 of this title which relate to the lo- cation of such library. (b) For purposes of this section, the term ‘‘ac- credited law school’’ means any law school which is accredited by a nationally recognized accrediting agency or association approved by the Commissioner of Education for such purpose or accredited by the highest appellate court of the State in which the law school is located. (Added Pub. L. 95–261, § 1, Apr. 17, 1978, 92 Stat. 199; amended Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–235 substituted ‘‘Direc- tor of the Government Publishing Office’’ for ‘‘Public Printer’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–261, § 3, Apr. 17, 1978, 92 Stat. 199, provided that: ‘‘The amendments made by this Act [enacting this section] shall take effect on October 1, 1978.’’ TRANSFER OF FUNCTIONS Functions of Commissioner of Education transferred to Secretary of Education pursuant to section 3441(a)(1) of Title 20, Education. 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 preserva- tion. 2108. Responsibility for custody, use, and with- drawal of records. 2109. Preservation, arrangement, duplication, exhi- bition of records. 2110. Servicing records. 2111. Material accepted for deposit. 2112. Presidential archival depository. 2113. Depository for agreements between States. 2114. Preservation of audio and visual records. Sec. 2115. Reports; correction of violations. 2116. Legal status of reproductions; official seal; fees for copies and reproductions. 2117. Limitation on liability. 2118. Records of Congress. 2119. Cooperative agreements. 2120. Online access of founding fathers documents. Editorial Notes AMENDMENTS 2014—Pub. L. 113–187, § 3(c)(2), Nov. 26, 2014, 128 Stat. 2008, substituted ‘‘Preservation of audio and visual records’’ for ‘‘Preservation of motion-picture films, still pictures, and sound recordings’’ in item 2114. 2008—Pub. L. 110–404, § 4(c), Oct. 13, 2008, 122 Stat. 4283, added item 2120. 2004—Pub. L. 108–383, § 5(b), Oct. 30, 2004, 118 Stat. 2219, added item 2119. 1984—Pub. L. 98–497, title I, § 102(c)(1), Oct. 19, 1984, 98 Stat. 2282, amended analysis generally, substituting ‘‘National Archives and Records’’ in chapter heading, adding items 2102 to 2106 and redesignating former items 2103 to 2114 as 2107 to 2118, respectively. § 2101. Definitions As used in this chapter— (1) ‘‘Presidential archival depository’’ means an institution operated by the United States to house and preserve the papers and books of a President or former President of the United States, together with other historical mate- rials belonging to a President or former Presi- dent of the United States, or related to his pa- pers or to the events of his official or personal life, and may include research facilities and museum facilities in accordance with this chapter; (2) ‘‘historical materials’’ including books, correspondence, documents, papers, pam- phlets, works of art, models, pictures, photo- graphs, plats, maps, films, motion pictures, sound recordings, and other objects or mate- rials having historical or commemorative value; (3) ‘‘Archivist’’ means the Archivist of the United States appointed under section 2103 of this title; and (4) ‘‘Administration’’ means the National Archives and Records Administration estab- lished under section 2102 of this title. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98–497, title I, § 102(b), Oct. 19, 1984, 98 Stat. 2282; Pub. L. 99–323, § 2, May 27, 1986, 100 Stat. 495.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 397(j) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended July 12, 1962, ch. 703, § 1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, § 4, 70 Stat. 494; June 13, 1957, Pub. L. 85–51, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85–341, § 1(1), 72 Stat. 34). Editorial Notes AMENDMENTS 1986—Par. (1). Pub. L. 99–323 inserted ‘‘, and may in- clude research facilities and museum facilities in ac- cordance with this chapter’’ after ‘‘or personal life’’. 1984—Pub. L. 98–497 substituted ‘‘this chapter’’ for ‘‘sections 2103–2113 of this title’’, designated two exist- Page 71 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2102 ing paragraphs as pars. (1) and (2), respectively, and added pars. (3) and (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT 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. § 2102. Establishment There shall be an independent establishment in the executive branch of the Government to be known as the National Archives and Records Ad- ministration. The Administration shall be ad- ministered under the supervision and direction of the Archivist. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98–497, title I, § 101, Oct. 19, 1984, 98 Stat. 2280.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 391(a) (June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381). This section incorporates only the last sentence of paragraph (a) of former section 391. The balance of that section will be found in sections 1506, 2301, 2501, and 2902 of the revision. Editorial Notes AMENDMENTS 1984—Pub. L. 98–497 substituted provisions directing that there shall be an independent establishment in the executive branch of the Government to be known as the National Archives and Records Administration and that the Administration shall be administered under the supervision and direction of the Archivist for provi- sions which had formerly directed only that the Admin- istrator of General Services appoint the Archivist of the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–497, title III, § 301, Oct. 19, 1984, 98 Stat. 2295, provided that: ‘‘The provisions of this Act [enact- ing sections 2103 to 2106 of this title and provisions set out as notes under this section and section 101 of this title, redesignating existing sections 2103 to 2114 as sec- tions 2107 to 2118 of this title, amending this section, sections 710, 711, 729, 1501 to 1503, 1506, 1714, 2101, 2107 to 2118, 2204, 2205, 2301 to 2305, 2307, 2501, 2504, 2506, 2901 to 2909, 3102 to 3106, 3302 to 3303a, 3308, 3310, 3311, 3504, and 3513 of this title, provisions set out as a note under sec- tion 2111 of this title, sections 106a, 106b, 112, 113, and 201 of Title 1, General Provisions, sections 6 and 11 to 13 of Title 3, The President, sections 141 to 145 of Title 4, Flag and Seal, Seat of Government, and the States, sections 552a and 5314 of Title 5, Government Organiza- tion and Employees, section 199a of Title 25, Indians, and repealing section 2507 of this title] (including the amendments made by this Act) shall be effective on April 1, 1985.’’ SAVINGS PROVISION Pub. L. 98–497, title I, § 105, Oct. 19, 1984, 98 Stat. 2284, provided that: ‘‘(a) All orders, determinations, rules, regulations, grants, contracts, agreements, permits, licenses, privi- leges, and other actions which have been issued, grant- ed, made, undertaken, or entered into in the perform- ance of any function transferred by this Act [Pub. L. 98–497] or the amendments made by this Act shall con- tinue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accord- ance 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 [Pub. L. 98–497] and by the amendments made by this Act shall not affect any proceedings, including notices of pro- posed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act [Apr. 1, 1985] before the General Services Administration; but such proceedings and applications, to the extent that they relate to the functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or re- voked by the Archivist, by a court of competent juris- diction, or by operation of law. Nothing in this sub- section shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. ‘‘(2) The Archivist is authorized to promulgate regu- lations providing for the orderly transfer of proceedings continued under paragraph (1) from the General Serv- ices Administration to the Administration. ‘‘(c) Except as provided in subsection (e)— ‘‘(1) the provisions of this Act [Pub. L. 98–497] and of the amendments made by this Act shall not affect actions commenced prior to the effective date of this Act [Apr. 1, 1985], and ‘‘(2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. ‘‘(d) No action or other proceeding lawfully com- menced by or against any officer of the United States acting in the official capacity of such officer shall abate by reason of any transfer of functions by this Act [Pub. L. 98–497] 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 rea- son of any such transfer of functions. ‘‘(e) If, before the date on which this Act takes effect [Apr. 1, 1985], the General Services Administration or any officer thereof in the official capacity of such offi- cer, is a party to an action, and under this Act [Pub. L. 98–497] or the amendments made by this Act any func- tion in connection with such action is transferred to the Archivist or any other official of the Administra- tion, then such action shall be continued with the Ar- chivist or other appropriate official of the Administra- tion substituted or added as a party. ‘‘(f) Orders and actions of the Archivist in the exer- cise of functions transferred by this Act [Pub. L. 98–497] 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 [Apr. 1, 1985] or the Administrator of General Services in the exercise of such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administra- tive 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 Archi- vist.’’ TRANSFER OF FUNCTIONS, PERSONNEL, ASSETS, LIABIL- ITIES, CONTRACTS, PROPERTY, RECORDS, AND UNEX- PENDED BALANCES, ETC. Sections 103, 104 of Pub. L. 98–497 provided that: ‘‘SEC. 103. (a) The National Archives and Records Service of the General Services Administration is transferred to the National Archives and Records Ad- ministration. ‘‘(b)(1) All functions which were assigned to the Ad- ministrator of General Services by section 6 of Execu- tive Order No. 10530 of May 11 [May 10], 1954 (19 Fed. Reg. 2709 [set out as a note under section 301 of Title 3,