US (United States) Code. Title 44. Chapter 23: National Archives Trust Fund Board

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44 USC CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-MISC1-

Sec.

2301. Establishment of Board; membership.

2302. Authority of the Board; seal; services; bylaws; rules;

regulations; employees.

2303. Powers and obligations of Board; liability of

members.(!1)

2304. Compensation of members; availability of trust funds

for expenses of Board.(!1)

2305. Acceptance of gifts.

2306. Investment of funds.

2307. Trust fund account; disbursements; sales of

publications and releases.

2308. Tax exemption for gifts.

AMENDMENTS

1984 - Pub. L. 98-497, title II, Sec. 202(c), Oct. 19, 1984, 98

Stat. 2294, amended item 2302 generally.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 98-497 without

corresponding amendment of analysis.

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44 USC Sec. 2301 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2301. Establishment of Board; membership

-STATUTE-

The National Archives Trust Fund Board shall consist of the

Archivist of the United States, as Chairman, and the Secretary of

the Treasury and the Chairman of the National Endowment for the

Humanities. Membership on the Board is not an office within the

meaning of the statutes of the United States.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 94-391, Aug.

19, 1976, 90 Stat. 1192; Pub. L. 95-379, Sept. 22, 1978, 92 Stat.

724; Pub. L. 98-497, title I, Sec. 107(b)(8), Oct. 19, 1984, 98

Stat. 2287.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Secs. 300bb, 391 (part) (July 9,

1941, ch. 284, Sec. 2, 55 Stat. 581; Aug. 2, 1946, ch. 753, title

I, Secs. 102, 121, 60 Stat. 814, 822; June 30, 1949, ch. 288, title

I, Sec. 104, 63 Stat. 381).

This section incorporates only the last sentence of paragraph (b)

of former section 391. The balance of that section will be found in

sections 1506, 2102, 2501, and 2902 of the revision.

AMENDMENTS

1984 - Pub. L. 98-497 struck out "The authority of the

Administrator of General Services under section 754 of title 40 to

regroup, transfer, and distribute functions within the General

Services Administration does not extend to the Board or its

functions."

1978 - Pub. L. 95-379 substituted references to the Secretary of

the Treasury and the Chairman of the National Endowment for the

Humanities, for references to the chairman of the House Committee

on Government Operations and the Senate Committee on Post Office

and Civil Service.

1976 - Pub. L. 94-391 substituted reference to House Committee on

Government Operations for reference to House Committee on Post

Office and Civil Service.

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.

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44 USC Sec. 2302 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2302. Authority of the Board; seal; services; bylaws; rules;

regulations; employees

-STATUTE-

In carrying out the purposes of this chapter, the Board -

(1) may adopt an official seal, which shall be judicially

noticed;

(2) may utilize on a reimbursable basis the services and

personnel of the National Archives and Records Administration

necessary (as determined by the Archivist) to assist the Board in

the administration of the trust fund, and in the preparation and

publication of special works and collections of sources and

preparation, duplication, editing, and release of historical

photographic materials and sound recordings, and may utilize on a

reimbursable basis the services and personnel of other Federal

agencies for such purposes;

(3) may adopt bylaws, rules, and regulations necessary for the

administration of its functions under this chapter; and

(4) may, subject to the laws and regulations governing

appointments in the civil service, appoint and fix the

compensation of such personnel as may be necessary to carry out

its functions.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497,

title II, Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300hh (July 9, 1941. ch.

284, Sec. 8, 55 Stat. 582).

-REFTEXT-

REFERENCES IN TEXT

The laws governing appointments in the civil service, referred to

in par. (4), are set out in Title 5, Government Organization and

Employees. See, particularly, section 3301 et seq. of Title 5.

-MISC2-

AMENDMENTS

1984 - Pub. L. 98-497 amended section generally. Prior to

amendment, section read as follows: "In carrying out the purposes

of this chapter, the Board may -

"(1) adopt an official seal, which shall be judicially noticed;

"(2) appoint, or authorize the Chairman to appoint, without

regard to the civil-service laws, necessary employees, and fix

their duties; and

"(3) adopt bylaws, rules, and regulations necessary for the

administration of its functions under this chapter."

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.

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44 USC Sec. 2303 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

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Sec. 2303. Powers and obligations of the Board; liability of

members

-STATUTE-

Except as otherwise provided by this chapter, the Board shall

have all the usual powers and obligations of a trustee with respect

to property and funds administered by it, but the members of the

Board are not personally liable, except for malfeasance.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497,

title II, Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300ff (July 9, 1941, ch.

284, Sec. 6, 55 Stat. 582).

AMENDMENTS

1984 - Pub. L. 98-497 amended section generally, inserting

"Except as otherwise provided by this chapter,".

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.

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44 USC Sec. 2304 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2304. Compensation of members; availability of trust funds for

expenses of the Board

-STATUTE-

Compensation may not be paid to the members of the Board for

their services as members. Costs incurred by the Board in carrying

out its duties under this chapter, including the obligations

necessarily incurred by the members of the Board in the performance

of their duties and the compensation of persons employed by the

Board, shall be paid by the Archivist of the United States from

trust funds available to the Board for this purpose. The Board, by

resolution, may authorize the transfer of funds (including the

principal or interest of a gift or bequest) to the National

Archives and Records Administration to be expended on an archival

or records activity approved by the Board or to accomplish the

purpose of a gift or bequest.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497,

title II, Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300ii (July 9, 1941, ch.

284, Sec. 9, 55 Stat. 582).

AMENDMENTS

1984 - Pub. L. 98-497 amended section generally. Prior to

amendment, section read as follows: "Compensation may not be paid

to the members of the Board for their services as members. Costs

incurred by the Board in carrying out its duties under this

chapter, including the expenditures necessarily made by the members

of the Board in the performance of their duties and the

compensation of persons employed by the Board, shall be paid out of

income from trust funds available to the Board for the purpose.

Unless otherwise restricted by the instrument of gift or bequest,

the Board, by resolution, may authorize the Chairman to use for

these purposes, or for any other purpose for which funds may be

expended under this chapter, the principal of a gift or bequest

accepted under this chapter."

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.

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44 USC Sec. 2305 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2305. Acceptance of gifts

-STATUTE-

The Board may solicit and accept gifts or bequests of money,

securities, or other personal property, for the benefit of or in

connection with the national archival and records activities

administered by the National Archives and Records Administration.

Moneys that are for deposit into the trust fund shall be deposited

within 10 working days of the receipt thereof.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292; Pub. L. 98-497,

title II, Sec. 202(a), Oct. 19, 1984, 98 Stat. 2293.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300cc (July 9, 1941, ch.

284, Sec. 3, 55 Stat. 581).

AMENDMENTS

1984 - Pub. L. 98-497 amended section generally. Prior to

amendment, section read as follows: "The Board may accept, receive,

hold, and administer gifts or bequests of money, securities, or

other personal property, for the benefit of or in connection with

the national archival and records activities administered by the

General Services Administration as may be approved by the Board."

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.

-End-

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44 USC Sec. 2306 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2306. Investment of funds

-STATUTE-

The Secretary of the Treasury shall receipt for moneys or

securities composing trust funds given or bequeathed to the Board

and shall invest, reinvest, and retain the moneys or securities as

the Board from time to time determines. The Board may not engage in

business or exercise a voting privilege which may be incidental to

securities in such trust funds, nor may the Secretary of the

Treasury make investments for the account of the Board which could

not lawfully be made by a trust company in the District of

Columbia, unless directly authorized by the instrument of gift or

bequest under which the funds to be invested are derived, and may

retain investments accepted by the Board.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1292.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300dd (July 9, 1941, ch.

284, Sec. 4, 55 Stat. 581).

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44 USC Sec. 2307 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2307. Trust fund account; disbursements; sales of publications

and releases

-STATUTE-

The income from trust funds held by the Board and the proceeds

from the sale of securities and other personal property, as and

when collected, shall be covered into the Treasury of the United

States in a trust fund account to be known as the National Archives

Trust Fund, subject to disbursement on the basis of certified

vouchers of the Archivist of the United States (or his designee)

for activities approved by the Board and in the interest of the

national archival and records activities administered by the

National Archives and Records Administration, including but not

restricted to the preparation and publication of special works, and

collections of sources and the preparation, duplication, editing,

and release of historical photographic materials and sound

recordings. The Archivist may sell publications and releases

authorized by this section and paid for out of the income derived

from trust funds at a price which will cover their cost, plus 10

percent, and moneys received from these sales shall be paid into,

administered, and expended as part of the National Archives Trust

Fund.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1293; Pub. L. 98-497,

title II, Sec. 202(b), Oct. 19, 1984, 98 Stat. 2294.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300ee (July 9, 1941, ch.

284, Sec. 5, 55 Stat. 581).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "on the basis of certified

vouchers of the Archivist of the United States (or his designee)

for activities approved by the Board and in the interest of the

national archival and records activities administered by the

National Archives and Records Administration" for "by the Division

of Disbursement, Treasury Department, on the basis of certified

vouchers of the Chairman or his authorized agent, unless otherwise

restricted by the instrument of gift or bequest, for and in the

interest of the national archival and records activities

administered by the General Services Administration" and

"Archivist" for "Chairman" in second sentence.

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.

-TRANS-

TRANSFER OF FUNCTIONS

Division of Disbursement of Treasury Department consolidated into

Fiscal Service of Treasury Department by section 1(a)(1) of Reorg.

Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.

1231, set out in the Appendix to Title 5, Government Organization

and Employees. See section 306 of Title 31, Money and Finance.

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44 USC Sec. 2308 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 23 - NATIONAL ARCHIVES TRUST FUND BOARD

-HEAD-

Sec. 2308. Tax exemption for gifts

-STATUTE-

Gifts and bequests received by the Board under this chapter, and

the income from them are exempt from taxes.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1293.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 300gg (July 9, 1941, ch.

284, Sec. 7, 55 Stat. 582).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 2055.

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