U.S. Code » Title 44 » Chapter CHAPTER 21— NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

44 U.S.C. § 2104

Administrative provisions

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(a) The Archivist shall prescribe such regulations as the Archivist 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 designate, and may authorize such successive redelegations of such functions as the Archivist may deem to be necessary or appropriate. A delegation of functions by the Archivist shall not relieve the Archivist of responsibility for the administration of such functions.(c) The Archivist may organize the Administration as the Archivist finds necessary or appropriate.(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 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. Judicial 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 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 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.(Added Pub. L. 98–497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2281.)Editorial NotesPrior Provisions

A prior section 2104 was renumbered section 2108 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title.

Executive DocumentsEmergency 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.

Notes of Decisions
Cited in 8 cases, 1977–2019 · leading case: Est. of Martin Luther King, Jr., Inc. v. CBS, Inc., 184 F. Supp. 2d 1353 (N.D. Ga. 2002).
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Est. of Martin Luther King, Jr., Inc. v. CBS, Inc., 184 F. Supp. 2d 1353 (N.D. Ga. 2002). “44 U.S.C. § 2104 (a) (2001); see also 44 U.”
Am. Friends Serv. Comm. v. William H. Webster, Dir., Fed. Bureau of Investigation, (Three Cases), 720 F.2d 29 (D.C. Cir. 1983). “…agency from which the records were transferred or to employees of that agency are applicable [to NARS personnel].” 44 U.S.C. § 2104 .”
Doe v. Gen. Servs. Admin., 544 F. Supp. 530 (D. Maryland 1982). “§ 552a(f)(1)(2); 44 U.S.C. § 2104 ; 41 C.F.R. § 105-61.103-2 (1981).”
Plaster v. State, 567 S.W.2d 500 (Tex. Crim. App. 1978). “44 U.S. C.A. § 2104. Further, the Administrator is empowered to establish Federal Archives and Record Centers, 44 U.”
Census Confidentiality & the PATRIOT Act (OLC 2010). · cites it 3× “1238, 1288 (1968) (codifying similar provision at 44 U.S.C. § 2104 ). The amended statute provided, however, that such statutory restrictions would remain in effect for fifty years unless the Administrator extended the restrictions for a further period.”
Census Confidentiality & the PATRIOT Act (OLC 2010). · cites it 3× “1238, 1288 (1968) (codifying similar provision at 44 U.S.C. § 2104 ). The amended statute provided, however, that such statutory re- strictions would remain in effect for fifty years unless the Administrator extended the restrictions for a further period.”
Transfer of Watergate Special Prosecution Force Records Containing Tax Return Info. to the Nat'l Archives (OLC 1977). · cites it 4× “This resolution would frustrate Congress’ intent underlying 44 U.S.C. § 2104 to provide for a conven­ ient repository of historical records subject to some form of restriction on public inspection.”
Smith v. U.S. Nat'l Archives & Records Admin. (D.D.C. 2019). “” 44 U.S.C. § 2104 (b). Pursuant to this section, NARA issued a policy directive delegating authority to administer restrictions on presidential records to the Director of the Presidential Materials Division.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.