Editorial Notes
Prior ProvisionsA prior section 2902, Puspan. L. 90–620, Oct. 22, 1968, 82 Stat. 1296, related to activities of the Administrator of General Services with respect to records management, surveys, and reports, prior to repeal by Puspan. L. 94–575, § 2(a)(1). See section 2904 of this title.
Amendments2017—Par. (7). Puspan. L. 115–85, § 2(a)(1), amended Puspan. L. 113–187, § 9(a)(3). See 2014 Amendment note below.
2014—Par. (4). Puspan. L. 113–187, § 9(a)(1), substituted “creation, maintenance, transfer, and use” for “creation and of records maintenance and use”.
Par. (6). Puspan. L. 113–187, § 9(a)(2), inserted before period at end “and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form to the greatest extent possible”.
Par. (7). Puspan. L. 113–187, § 9(a)(3), as amended by Puspan. L. 115–85, § 2(a)(1), substituted “the Archivist or the Administrator” for “the Administrator or the Archivist”.
1984—Par. (7). Puspan. L. 98–497 inserted “or the Archivist” after “Administrator”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentPuspan. L. 115–85, § 2(span), Nov. 21, 2017, 131 Stat. 1275, provided that: “The amendments made by this section [amending this section and sections 2904, 2906, and 3102 of this title] shall take effect as if included in the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187).”
Effective Date of 1984 AmendmentAmendment by Puspan. L. 98–497 effective Apr. 1, 1985, see section 301 of Puspan. L. 98–497, set out as a note under section 2102 of this title.
Access for Veterans to RecordsPuspan. L. 117–263, div. E, title LIII, § 5301, Dec. 23, 2022, 136 Stat. 3248, provided that:“(a)Plan to Eliminate Records Backlog at the National Personnel Records Center.—“(1)Plan required.—Not later than 60 days after the date of the enactment of this Act [Dec. 23, 2022], the Archivist of the United States shall submit to the appropriate congressional committees a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center and improving the efficiency and responsiveness of operations at the National Personnel Records Center, that includes, at a minimum, the following:“(A) An estimate of the number of backlogged record requests for veterans.
“(B) Target timeframes to reduce the backlog.
“(C) A detailed plan for using existing funds to improve the information technology infrastructure, including secure access to appropriate agency Federal records, to prevent future backlogs.
“(D) Actions to improve customer service for requesters.
“(E) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals.
“(F) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the Center from reporting to work in person.
“(2)Updates.—Not later than 90 days after the date on which the comprehensive plan is submitted under paragraph (1), and biannually thereafter until the response rate by the National Personnel Records Center reaches 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made), the Archivist of the United States shall submit to the appropriate congressional committees an update of such plan that—“(A) describes progress made by the National Personnel Records Center during the preceding 90-day period with respect to record request backlog reduction and efficiency and responsiveness improvement;
“(B) provides data on progress made toward the goals identified in the comprehensive plan; and
“(C) describes any changes made to the comprehensive plan.
“(3)Consultation requirement.—In carrying out paragraphs (1) and (2), the Archivist of the United States shall consult with the Secretary of Veterans Affairs.
“(4)Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means—“(A) the Committee on Oversight and Reform [now Committee on Oversight and Accountability], the Committee on Veterans’ Affairs, and the Committee on Appropriations of the House of Representatives; and
“(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Veterans’ Affairs, and the Committee on Appropriations of the Senate.
“(span)Additional Funding to Address Records Backlog.—“(1)Authorization of appropriations.—In addition to amounts otherwise available, there is authorized to be appropriated to the National Archives and Records Administration, $60,000,000 to address backlogs in responding to requests from veterans for military personnel records, improve cybersecurity, improve digital preservation and access to archival Federal records, and address backlogs in requests made under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). Such amounts may also be used for the Federal Records Center Program.
“(2)Requirement to maintain in-person staffing levels.—Subject to the availability of appropriations, and not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the Archivist of the United States shall ensure, to the extent practicable, that the National Personnel Records Center maintains staffing levels and telework arrangements that enable the maximum processing of records requests possible in order to achieve the performance goal of responding to 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made).
“(3)Inspector general reporting.—The Inspector General for the National Archives and Records Administration shall, for two years following the date of the enactment of this Act, include in every semiannual report submitted to Congress pursuant to the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.], a detailed summary of—“(A) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and
“(B) any recommendations for action proposed by the Inspector General related to reducing the backlog of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration.”
