Notes on 44 U.S.C. § 2102 : US Code - Notes

Search Notes on 44 U.S.C. § 2102 : US Code - Notes

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98-497,
title I, Sec. 101, Oct. 19, 1984, 98 Stat. 2280.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., Sec. 391(a) (June 30, 1949, ch.
288, title I, Sec. 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.
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 provisions
which had formerly directed only that the Administrator of General
Services appoint the Archivist of the United States.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 301 of Pub. L. 98-497 provided that: "The provisions of
this Act [enacting 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
sections 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 section 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 Organization 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
Section 105 of Pub. L. 98-497 provided that:
"(a) All orders, determinations, rules, regulations, grants,
contracts, agreements, permits, licenses, privileges, and other
actions which have been issued, granted, made, undertaken, or
entered into in the performance of any function transferred by this
Act [Pub. L. 98-497] 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terminated, superseded, set aside, or revoked in accordance with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 [Pub. L. 98-497]
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 [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 revoked by the
Archivist, by a court of competent jurisdiction, or by operation 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
proceeding could have been discontinued or modified if this Act had
not been enacted.
"(2) The Archivist is authorized to promulgate regulations
providing 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 [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 commenced 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 reason 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 officer, is a party to an action,
and under this Act [Pub. L. 98-497] or the amendments made by this
Act any function in connection with such action is transferred to
the Archivist or any other official of the Administration, then
such action shall be continued with the Archivist 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 [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 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."
TRANSFER OF FUNCTIONS, PERSONNEL, ASSETS, LIABILITIES, CONTRACTS,
PROPERTY, RECORDS, AND UNEXPENDED 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 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 [set out as a note under section 301 of
Title 3, The President]; relating to documents and the
Administrative Committee of the Federal Register), and by Executive
Order Nunbered [sic] 11440 of December 11, 1968 (33 Fed. Reg. 18475
[set out as a note under section 2109 of this title]; relating to
supplemental use of Federal exhibits and displays), shall be
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) [set out as a
note under section 2112 of this title], relating to the Lyndon
Baines Johnson Presidential Archival Depository, and by the Act of
August 27, 1966 (Public Law 89-547, 80 Stat. 370) [set out as a
note under section 2112 of this title] and the Act of May 26, 1977
(Public Law 95-34, 91 Stat. 174), relating to the John Fitzgerald
Kennedy Library, shall be exercised by the Archivist of the United
States.
"(c) In the exercise of the functions transferred by this Act
[Pub. L. 98-497] 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 the United States on the day before the effective date
of this Act [Apr. 1, 1985] may serve as Archivist under such
section, and while so serving shall be compensated at the rate
provided under subsection (b) of such section.
"Sec. 104. (a) Except as otherwise provided in this Act [Pub. L.
98-497], the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to or to be made
available in connection 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 transferred to the Archivist for
appropriate allocation (1) for the remainder 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.
Unexpended funds transferred pursuant to this subsection shall be
used only for the purposes for which the funds were originally
authorized and appropriated.
"(b) The transfer pursuant to this title [title I (Secs. 101-108)
of Pub. L. 98-497] 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 [Apr. 1, 1985], whichever
is later."
ESTABLISHMENT OF POSITIONS OF DIRECTOR OF THE CENTER FOR
LEGISLATIVE ARCHIVES AND SPECIALIST IN CONGRESSIONAL HISTORY
Pub. L. 101-509, title IV, Sec. 1(a)-(c), Nov. 5, 1990, 104 Stat.
1416, 1417, as amended by Pub. L. 103-329, title V, Sec. 541, Sept.
30, 1994, 108 Stat. 2415, provided that:
"(a)(1) The Director of the Center for Legislative Archives
within the National Archives and Records Administration shall be
established without regard to chapter 51 of title 5 and shall be
paid at a rate determined without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5 governing
General Schedule classification and pay rates: Provided, That such
pay shall be no less than 120 percent of the rate of pay for GS-15,
step 1 of the General Schedule nor more than the rate of pay in
effect for level one of the Senior Executive Schedule.
"(2) There is established within the Center for Legislative
Archives within the National Archives and Records Administration
the position of Specialist in Congressional History.
"(b) There shall be made available from funds appropriated in
each fiscal year to the National Archives and Records
Administration, $20,000 for the administrative expenses of the
Advisory Committee on the Records of Congress established under
section 2701 of title 44, United States Code.
"(c) There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of subsections (a) and (b) of
this section."
REFERENCES IN OTHER LAWS
Section 106 of Pub. L. 98-497 provided that: "With respect to any
functions transferred by this Act [Pub. L. 98-497] or by an
amendment made by this Act and exercised after the effective date
of this Act [Apr. 1, 1985], 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."
SPENDING AUTHORITY
Section 302 of Pub. L. 98-497 provided that: "Any new spending
authority (within the meaning of section 401 of the Congressional
Budget Act of 1974 [2 U.S.C. 651]) which is provided under this Act
shall be effective for any fiscal year only to the extent or in
such amounts as provided in appropriations Acts."
DEFINITIONS
Section 108 of Pub. L. 98-497 provided that: "For purposes of
sections 103 through 106 [set out as notes above] -
"(1) the term 'Archivist' means the Archivist of the United
States appointed under section 2103 of title 44, United States
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 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."