Freedom of Information Act (FOIA)

Home > Freedom of Information Act (FOIA) > FOIA Resources, Directives > NARA 101, PART 1. Office of the Archivist of the United States

NARA 101, PART 1. Office of the Archivist of the United States

ORGANIZATION

  1. The Archivist of the United States

The Archivist plans, develops, and administers all programs and functions of the National Archives and Records Administration (NARA or the agency), in accordance with the National Archives and Records Administration Act of 1984 (44 U.S.C. chapters 15, 21, 22, 23, 25, 27, 29, 31, 33), as amended, and other applicable statutes, Executive Orders, and regulations. The Office of the Archivist consists of the Archivist, the Deputy Archivist of the United States, the General Counsel, the Executive Director of the National Historical Publications and Records Commission, the Director of the Equal Employment Opportunity Program, and the Director of Congressional Affairs. The Office of the Inspector General is a separate office, but listed here. The Archivist serves as chair/member of such bodies as required by statute or as the Archivist determines to be in the best interests of NARA.
 

  1. Deputy Archivist of the United States
    1. Acts as the Archivist if the position of Archivist becomes vacant until an Archivist is appointed, as provided for in 44 U.S.C. 2103(a), or when the Archivist is unable to perform his or her duties because of absence or disability.
    2. In support of the Archivist, carries out the following activities:
    3. Establishes priorities, direction, required resources, staffing, and schedule to accomplish the strategic vision and goals of the Archivist of the United States.
    4. Ensures that proposed new initiatives support the agency's strategic goals and are fully analyzed to determine the agency's ability to accomplish projects without moving staff and funding support from higher priority efforts.
    5. Assists the Archivist in directing the staff in the Office of the Archivist.
    6. Renders final agency decisions and final orders on equal employment opportunity discrimination complaints.
    7. Serves as the appeal official for determinations made in response to:
    8. Freedom of Information Act (FOIA) requests for records in NARA’s legal custody (except for OIG administrative/operational records); and
    9. Mandatory declassification review requests for materials in NARA’s legal custody, including the Presidential Libraries.
    10. Ensures that the “open NARA” principle of seeking input and participation from stakeholders and customers (internal and external) is actively pursued, and that the input is considered in making decisions.
    11. Ensures transparency in communications throughout the agency’s lifecycle, customer, and business services operations. Reviews strategy and communication activities by consulting with the Archivist, program executives, and staff directors; evaluates feedback from key subordinates and considers evaluation reports from Office of Personnel Management, Office of Management and Budget (OMB), Government Accountability Office (GAO), Equal Employment Opportunity Commission (EEOC), and other relevant bodies.
  2. Congressional Affairs Staff
    1. Plans, directs, and coordinates the legislative and congressional relations activities of NARA including:
    2. Coordinates relations and interactions between NARA officials and Members of Congress and their personal and committee staffs.
    3. Coordinates the presentation of the NARA legislative program to Congress.
    4. Coordinates reports on bills of interest to NARA and screens bills for NARA program offices.
    5. Participates with other Federal agencies on reports submitted to congressional committees.
    6. Coordinates the preparation of NARA recommendations regarding Presidential approval of bills.
    7. Arranges for witnesses, coordinates preparation of testimony, and consults with committee staff members before congressional hearings to ensure compliance with committee requests.
    8. Responsibilities do not relate to matters concerning the official records of Congress.
    9. Participates in NARA executive teams, shaping NARA’s strategic direction and producing practical and creative high-level approaches to address related matters such as: agency-wide aligned outcomes/goals and priorities, customer- and stakeholder-focused needs and expectations, internal change management, employee satisfaction, outreach and relationship-building, “one-voice” communication, and problem resolution.
  3. General Counsel
    1. Provides legal counsel and advice to, and serves as attorney for, NARA in all NARA legal and related matters. Provides written legal opinions as appropriate and prepares legal documents, including documents for filing in judicial proceedings.
    2. Represents NARA in proceedings before administrative tribunals such as the Equal Employment Opportunity Commission, Merit Systems Protection Board, Federal Labor Relations Authority, Government Accountability Office, and the Civilian Board of Contract Appeals. Either represents NARA or coordinates with the Department of Justice to represent NARA in other litigation.
    3. Administers NARA's ethics program, including ethics training and education programs, and serves as liaison with the Office of Government Ethics. In administering the ethics program, grants waivers of disqualification to employees (other than the Archivist), makes conflict-of-interest determinations on official travel paid for by non-Federal sources, and makes other determinations required by the Standards of Ethical Conduct for Employees of the Executive Branch. The Senior Counsel for Trust Fund/Foundation Policy serves as the Designated Agency Ethics Official.
    4. Processes, decides, and settles administrative claims against NARA under the Federal Tort Claims Act, and claims filed by NARA employees for on-the-job loss or damage to their personal property.
    5. Advises and makes recommendations regarding the collection of claims of the Government for property or money, including but not limited to claims arising out of erroneous payment of pay or allowance or travel, transportation, or relocation expenses (Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 1321; 5 U.S.C. § 5584).
    6. Processes garnishment orders entered by Federal and state courts and tribunals against NARA employees.
    7. Serves as NARA’s Chief FOIA Officer and the Senior Agency Official for Privacy.
    8. Serves as NARA’s Senior Agency Official for Controlled Unclassified Information.
    9. Coordinates with the OIG on legal issues related to NARA.
    10. Reviews and concurs on certain procurement actions, including all justifications and approvals (J&As) for procurements exceeding the simplified acquisition threshold; all sealed bid solicitations exceeding the simplified acquisition threshold; and all solicitations for negotiated procurements exceeding the simplified acquisition threshold. Reviews all other contract awards (including contract option exercises) or modifications exceeding the simplified acquisition threshold, or changes exceeding 20 percent of the total contract value, with the exception of the following:
      1. Funding actions without other changes;
      2. Competitive supply item orders placed against indefinite delivery contracts when price is the only factor;
      3. Blanket purchase agreements; and
      4. Unilateral exercise of pre-priced options (including options that required adjustments for Wage Determinations and Collective Bargaining Agreements) reviewed and approved at the time of award of the basic contract.
    11. Participates in NARA executive teams, shaping NARA’s strategic direction and producing practical and creative high-level approaches to address related matters such as: agency-wide aligned outcomes/goals and priorities, customer- and stakeholder-focused needs and expectations, internal change management, employee satisfaction, outreach and relationship-building, “one-voice” communication, and problem resolution.
    12. The General Counsel Access Staff:
      1. Formulates and recommends policy and provides advice to NARA staff on access matters arising under the FOIA, the Privacy Act of 1974, Executive Order 13526, the Presidential Records Act (PRA) and the Presidential Recordings and Materials Preservation Act, and other access laws (in coordination with the Office of Presidential Libraries on access matters involving Presidential records and materials).
      2. Provides NARA components with advice and guidance on proposed responses to requests for records and with sample/model language for response letters and monitors (for legal adequacy) NARA responses to requests.
      3. Responds to inquiries from other Federal agencies and the public concerning NARA access policies and procedures. Handles directly or coordinates responses to particularly difficult requests, especially those involving more than one component. Prepares responses to FOIA or Privacy Act requests of a general or broad nature that have been incorrectly directed or that need to be narrowed. Coordinates with the Presidential libraries on notification and special access procedures required under the PRA.
      4. On behalf of the Deputy Archivist, coordinates the staffing of administrative appeals of FOIA and Privacy Act denials from any of the NARA components. Tracks all NARA administrative/operational appeals and ensures timely responses.
      5. Provides training to NARA staff on legal and archival issues related to access matters. In coordination with NARA's records management and professional training programs, participates in external training programs aimed at access and recordkeeping issues.
      6. Formulates reviews and, as appropriate, recommends revisions to, NARA regulations governing access to records under NARA's jurisdiction.
      7. Responds to initial FOIA and Privacy Act requests for NARA administrative/operational records, except for OIG records.
      8. Oversees non-routine requests for special access to Presidential records under the PRA (in consultation with the Office of Presidential Libraries), such as court orders, subpoenas, and congressional investigations.
      9. Serves as Dispute Resolution Specialist and administers RESOLVE, NARA's alternative dispute resolution program.
  4. National Historical Publications and Records Commission
    1. Under 44 U.S.C. 2503, the Executive Director of the National Historical Publications and Records Commission (NHPRC) provides staff assistance to the NHPRC.
    2. In support of the Archivist, the NHPRC Executive Director along with support staff, carries out the following functions:
    3. Plans, budgets, and implements a grants program through the grants management lifecycle: pre-award, award, post-award, and close out.
    4. Creates grant application processes in accordance with OMB requirements and Federal regulations.
    5. Oversees peer review processes for applications.
    6. Manages the awards process and ensures compliance with specific terms and conditions of grants.
    7. Establishes and maintains working relationships with national and regional professional associations serving archives and libraries, history and historical professions, documentary editing organizations, and state agencies.
    8. Represents NARA in the Federal grants community as they plan for and implement federal grant policies, procedures, tools, and standards.
    9. Transmits to the President and the Congress from time to time, and at least biennially, the plans, estimates, and recommendations developed and approved by the Commission (44 U.S.C. 2504(a).
  5. Equal Employment Opportunity Program
    1. Champions diversity, inclusiveness, and equal opportunity as a strategic imperative for NARA.
    2. Maintains a continuing affirmative program to promote equal opportunity in employment and to identify and eliminate discriminatory practices and policies.
    3. Develops Equal Employment Opportunity (EEO) policies and procedures.
    4. Provides NARA managers, supervisors, and employees with advice and guidance on EEO issues and matters of interest.
    5. Complaints Program
      1. Receives complaints of alleged discrimination from any employee and applicant for employment because of race, color, religion, sex, harassment, sexual orientation, pregnancy, national origin, age (40 or older), disability, genetic information, or retaliation (because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit).
      2. Receives complaints of discrimination from members of the general public who allege denial of attendance and participation in Federally conducted education and training programs offered by NARA on the basis of race, sex, color, national origin, disability, religion, age, and/or sexual orientation.
      3. Administers the regulatory complaint process. Provides counseling for complainants, and receives and processes discrimination complaints filed against NARA.
    6. Affirmative Employment Program
      1. Provides for EEO investigation and development of the pertinent factual record; reviews and accepts investigative reports; analyzes findings against applicable law, Executive Orders, and Federal regulations; and submits analyses, conclusions, and recommendations to the Office of General Counsel for legal sufficiency review and to the Deputy Archivist for approval and issuance of the final NARA decision or final order.
      2. Recommends changes to programs, policies, and procedures to eliminate practices that act as barriers to the hiring, advancement, and retention of women, minorities, and persons with disabilities.
      3. Evaluates the sufficiency of NARA’s total EEO program, and reports to the Archivist and NARA executive teams with recommendations for improvements or corrective actions.
      4. Tracks, compiles, and reports on EEO complaint processing activities. Senior officials are apprised monthly of the status of active complaints; Statistical Reports of Discrimination Complaints are submitted annually to the EEOC; complaint processing statistics are posted quarterly on NARA websites; and Annual Reports to Congress on the Notification and Federal Employee Antidiscrimination and Retaliation Act are submitted.
      5. Develops and implements an EEO education, training, and information dissemination program.
    7. Diversity and Inclusion Division
      1. Champions diversity, inclusiveness, and equal opportunity as a strategic imperative for NARA.
      2. Develops strategies for implementation of diversity management practices, policies and procedures.
      3. Provides effective leadership in implementing diversity and inclusion programs in the workplace.
      4. Develops programs and activities designed to promote a better understanding of diversity issues.
      5. Develops and implements diversity awareness training for supervisors, managers and all employees.
      6. Plans and conducts diversity outreach efforts and targeted recruitment in collaboration with the Talent Acquisition Division (HT).
  6. Office of the Inspector General (OIG)
    1. Carries out such audits, investigations, inspections, management assistance, and reports relating to the administration of NARA's programs and operations as are, in the judgment of the Inspector General, necessary or desirable, or required by law, including the following:
    2. Informs the Archivist regarding the extent to which NARA has complied with the requirements of the Federal Financial Management Improvement Act of 1996 (31 U.S.C. § 3512), OMB Circulars A-123 and A-127, and related NARA policies.
    3. Conducts and reports on audits, and works with the NARA Audit Follow-up Official, under provisions of OMB Circular A-50 and NARA 1201, Audits of NARA Programs and Operations, in resolving and monitoring the implementation of audit recommendations to ensure corrective actions are taken.
    4. Investigates complaints or information from employees and others concerning possible violations of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or substantial and specific dangers to the public health and safety.
    5. Provides consultative management assistance to NARA managers in improving the economy, efficiency, and effectiveness of their programs and administrative activities. Conducts crime prevention surveys to identify and address conditions conducive to crime.
    6. Immediately reports to the Archivist particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of NARA's programs and operations, and expeditiously reports to the Attorney General suspected violations of Federal criminal law.
    7. Semiannually prepares reports summarizing the activities of the OIG for transmittal to the Archivist and the appropriate committees or subcommittees of the Congress.
    8. Recommends policies for, and conducts, supervises, or coordinates other activities and relationships between NARA and other Government and non-Government entities to promote the economy, efficiency, and effectiveness of NARA activities, to prevent and detect fraud and abuse, and to identify and prosecute participants in such fraud and abuse. These entities include the GAO and Federal, state, and local law enforcement agencies.
    9. Manages the OIG hotline.
    10. Responds to FOIA and Privacy Act requests for OIG records.
    11. Selects, appoints, and employs such officers and employees as are necessary to carry out the functions, powers, and duties of the OIG, as provided by the Inspector General Act of 1978, as amended, including the Assistant Inspector General for Audits, the Assistant Inspector General for Investigations, and the Counsel to the Inspector General.
    12. Carries out the duties and responsibilities of the OIG. Under provisions of the Inspector General Act of 1978, as amended, the Inspector General:
    13. Establishes guidelines for determining when it is appropriate for the OIG and NARA to use non-Federal auditors, contracts for the auditors, and monitors their performance to ensure compliance with generally accepted Government auditing standards.
    14. Enters into contracts and other arrangements for audits, studies, and other services with public and private individuals and organizations, and makes such payments as are necessary to carry out the provisions of the Act.

DELEGATION OF AUTHORITIES

Authorities Retained by the Archivist

  1. Records Management
    1. Approve records schedules, except those changing retention periods of records previously approved for disposal, authorizing the disposal of Federal agency records that after the lapse of the time period specified will not have sufficient administrative, legal, research, or other value to warrant continued preservation by the U.S. Government (44 U.S.C. 2107(1); 3303a(a), (e)).
    2. Accept for deposit with the National Archives of the United States the records of Congress, the Architect of the Capitol and the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the U.S. Government (44 U.S.C. 2107(1); 2118).
    3. Direct and effect the transfer to the National Archives of the United States of records of a Federal agency that have been in existence for more than thirty years and determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the U.S. Government (44 U.S.C. 2107(2)).
    4. Inform the head of an agency that a provision of chapters 21, 25, 29, 31, or 33 of title 44 of the U.S. Code has been, or is being violated, and make recommendations for correction, and unless satisfactory corrective measures are inaugurated within a reasonable time, submit a written report of the matter to the President and Congress (44 U.S.C. 2115(b)).
    5. Determine that the Presidential records of a sitting President no longer have administrative, historical, informational, or evidentiary value, and may be disposed of (44 U.S.C. 2203(c)).
    6. Determine whether the Presidential records in NARA custody have insufficient administrative, historical, informational, or evidentiary value to warrant continued preservation by the U.S. Government (44 U.S.C. 2203 (f)(3)).
    7. Requests the advice of the Committee on Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Oversight and the Committee on Government Operations of the House of Representatives, or successive committees when a sitting President proposes Presidential records for disposal and the Archivist considers that the records may be of special interest to the Congress or that consultation with Congress is in the public interest). 44 U.S.C. 2203(d), (e)).
    8. Notify agency heads of any actual, impending, or threatened unlawful removal, defacement, alteration, or destruction of records in the custody of their agency and assist the agency to initiate action through the Attorney General for the recovery of records. If the agency head fails to act, independently request the Attorney General to initiate such action (44 U.S.C. 2905; 3106).
    9. Withdraw disposal authorities for records listed in disposal schedules (44 U.S.C. 2909).
    10. Promulgate schedules authorizing the disposal, after specified periods of time, of records common to several or all agencies (44 U.S.C. 3303a(a), (d)).
    11. Requests the advice and counsel from the Committee on Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Oversight and the Committee on Government Operations of the House of Representatives, or successive committees when Federal records are proposed for disposal, the Archivist (considering that the records may be of special interest to the Congress or that it is in the public interest),. Committee on Rules of the Senate and the Subcommittee on Rules and Organization of the House of Representatives (44 U.S.C. 3303a(c)).
    12. Approve the disposal of records in the legal custody of the Archivist, provided that records that had been in the custody of another existing agency may be not disposed of without the consent of the head of the agency (44 U.S.C. 3303a(e)).
    13. Approve the disposal or destruction of similar records where prior disposal was authorized (44 U.S.C. 3308); of records constituting menace to health, life, or property (44 U.S.C. 3310); and of records outside continental United States in time of war or when hostile action seems imminent (44 U.S.C. 3311).
  2. Facilities
    1. Accept and take title, for and in the name of the United States, land, a facility, and equipment offered as a gift to the United States for the purpose of creating a Presidential archival depository (44 U.S.C. 2112(a)(1)(A)(i and ii)).
    2. Enter into an agreement with a State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, a facility, and equipment of the State, subdivision, university, or other organization to be made available by it without transfer of title to the United States (44 U.S.C. 2112(a)(1)(B)(i)).
    3. Accept for, and in the name of the United States, gifts offered for the purpose of making any physical or material change or addition to a Presidential archival depository (44 U.S.C. 2112(a)(1)(C)).
    4. Promulgate architectural and design standards applicable to Presidential archival depositories (44 U.S.C. 2112(a)(2)).
    5. Submit the report required by 44 U.S.C. 2112(a)(3) before accepting and taking title to or entering into an agreement for a Presidential archival depository.
    6. Submit the report required by 44 U.S.C. 2112(a)(4) before accepting and taking title to or entering into an agreement for a Presidential archival depository.
    7. Determine that sufficient endowment is available to maintain the land, facility, and equipment of a proposed Presidential archival depository, or that sufficient endowment as defined in 44 U.S.C. 2112(g)(4)(A) and (B) is available to maintain the land, facility, and equipment, when a physical or material change or addition to a Presidential archival depository is proposed (44 U.S.C. 2112(g)(3) and (4)).
    8. Enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository (44 U.S.C. 2207).
  3. Certifications
    1. Certify that an amendment proposed to the Constitution of the United States has been adopted, and has become valid, to all intents and purposes, as a part of the Constitution of the United States, and cause the adopted amendment and his certification to be published (1 U.S.C. 106b).
    2. Transmit to the two Houses of Congress copies in full of each and every certificate of ascertainment of electors that is received at NARA (3 U.S.C. 6).
    3. Requests from the Secretary of State (3 U.S.C. § 12), or sends a special messenger to the district judge (3 U.S.C. § 13) in whose custody one certificate of votes from that State has been lodged when the conditions set forth in 3 U.S.C. 12 or 13 occur.
  4. Grants and Agreements
    1. Makes grants, upon recommendation of the NHPRC to State and local agencies and to nonprofit organizations, institutions, and tribal governments, for the collecting, describing, preserving, compiling, and publishing (including microfilming and other forms of reproduction) of documentary sources significant to the history of the United States (44 U.S.C. 2504; 44 U.S.C. Ch. 25).
    2. Enters into cooperative agreements pursuant to section 6305 of title 31 that involve the transfer of funds from the National Archives and Records Administration to State and local governments, other public entities, educational institutions, or private nonprofit organizations (including foundations or institutes organized to support the National Archives and Records Administration or the Presidential archival depositories operated by it) for the public purpose of carrying out programs of the National Archives and Records Administration 44 U.S.C. 2119(a).
    3. Enters into a cooperative agreement to provide online access to the published volumes of the papers of--
      1. George Washington;
      2. Alexander Hamilton;
      3. Thomas Jefferson;
      4. Benjamin Franklin;
      5. John Adams;
      6. James Madison; and
      7. other prominent historical figures, as determined appropriate by the Archivist of the United States.
    4. In the role as chairman of the National Historical Publications and Records Commission, enters into cooperative agreements pursuant to section 6305 of title 31, United States Code, that involve the transfer of funds from the National Historical Publications and Records Commission to State and local governments, tribal governments, other public entities, educational institutions, or private nonprofit organizations for the public purpose of carrying out section 2120 of title 44, United States Codes (44 U.S.C. 2120 and 2120 Note).
  5. General Administration
    1. Promulgate such regulations as are necessary to effectuate the functions of NARA (44 U.S.C. 2104(a)).
    2. Organize NARA as is necessary and appropriate at and above the division level (44 U.S.C. 2104(c)).
    3. Establish, alter, or discontinue regional, local, or field units (44 U.S.C. 2104(d)).
    4. Establish and abolish advisory committees (44 U.S.C. 2104(f)).
    5. Obtain the services of experts and consultants (44 U.S.C. 2105(b); 2706(b)).
    6. Issue reports about NARA activities (44 U.S.C. 2106; 2504(a); 2904(c)(8); 3303a(f)).
    7. Establish fees for making reproductions of materials transferred to NARA (44 U.S.C. 2116(c)).
    8. Establish such interagency committees and boards as may be necessary to provide an exchange of information among Federal agencies with respect to records management (44 U.S.C. 2904(c)(4)).
    9. Authorize other than full and open competition if the contract value is over the threshold set by 48 C.F.R. 6.304(a)(3).
    10. Designate a certifying official to disburse all NARA funds through the Department of the Treasury (I TFM 4-1135).

Authorities Delegated to Officials in the Office of the Archivist

  1. Deputy Archivist of the United States
    1. Render the final NARA decision or final agency order on formal complaints of discrimination because of race, color, national origin, religion, sex, sexual harassment, sexual orientation, pregnancy, age, physical or mental disability, or genetic information. The Deputy Archivist may not exercise this function when the Deputy Archivist is the alleged discriminating official; otherwise, this authority is retained by the Deputy Archivist.
    2. Serve as the appeal official for determinations made in response to Freedom of Information Act (FOIA) requests for records in the National Archives of the United States and NARA administrative/operational records (except OIG records) and determinations made in response to mandatory declassification review requests for materials in NARA’s holdings, including the Presidential Libraries (5 U.S.C. 552). This authority is retained by the Deputy Archivist and may not be redelegated.
  2. Executive Director, NHPRC
    1. Advance or defer the starting and ending dates of grant periods and authorize changes relating to budget items as set forth in grant applications, provided the total amount of the grant is not increased (44 U.S.C. 2504). This authority is retained by the Executive Director, NHPRC, and may not be redelegated.
    2. Accept gifts for NHPRC programs or activities (44 U.S.C. 2504(d)). This delegation of authority is subject to the requirements of NARA 404, National Archives Gift Fund; 44 U.S.C. 2504 (a) thru (d); and the Bylaws of the National Archives Trust Fund Board, Article V, sec. 4.a(1). This authority is retained by the Executive Director, NHPRC, and may not be redelegated.
    3. Have access (for the purposes of audit and examination) to the books, documents, papers, and records of the recipients that are pertinent to the grants received under section 44 U.S.C. 2504 (44 U.S.C. 2506(b)). This authority is retained by the Executive Director, NHPRC, and may not be redelegated.
  3. General Counsel
    1. Consider, compromise, and settle Federal Tort Claims Act claims for damage, injury, or death; and claims of NARA employees for loss or damage to their personal property incident to their service (28 U.S.C. 2672; 28 CFR Part 14; 31 U.S.C. 3721 and 3723). This authority is retained by General Counsel and may not be redelegated. Any Federal Tort Claims Act claim award, compromise, or settlement of more than $25,000 requires the prior written approval of the Attorney General or a designee.
    2. Empower officers and employees having investigative functions, while engaged in performing an investigation, to administer oaths (44 U.S.C. 2104(h)). This authority is retained by General Counsel and may not be redelegated. Empowerment of an officer or employee is on a case-by-case basis. This authority does not extend to officers or employees of the OIG, who have an independent authority based on 5 U.S.C. Appendix, Pub. L. 95-452, as amended, sec. (6)(a)(5)).
    3. Authenticate and attest copies of records created by NARA, furnish authenticated copies of these records, and charge fees therefore (44 U.S.C. 2116). This authority is retained by General Counsel and may not be redelegated.
    4. Furnish properly authenticated copies of records in response to subpoenas duces tecum or other legal demands in appropriate cases. This authority is retained by General Counsel and may not be redelegated.
    5. Determine that a Presidential record or a reasonably segregable portion thereof, or any significant element or aspect of the information contained in such record or reasonably segregable portion thereof, has been placed in the public domain through publication by the former President, or his agents (44 U.S.C. 2204 (b)(1)(B)). This authority is retained by General Counsel and may not be redelegated.
    6. Serve as Dispute Resolution Specialist and administer RESOLVE, NARA's alternative dispute resolution program (5 U.S.C. 571 note). This authority is retained by General Counsel and may not be redelegated.
  4. Senior Counsel for Trust Fund and Foundation Policy
    1. Serves as Designated Agency Ethics Official (DAEO) responsible for administering NARA's ethics program pursuant to the Ethics in Government Act and Office of Government Ethics regulations (5 CFR part 2638), including ethics training, granting of waivers of disqualification, making conflict of interest determinations on NARA employee travel paid for by non-Federal sources, and making other determinations required by the Standards of Conduct (5 U.S.C. App.; 18 U.S.C. 208(b)(1); 31 U.S.C. 1353; 5 CFR Parts 2635-38; 41 CFR Part 304-1). The DAEO may appoint Deputy Ethics Officials pursuant to 5 CFR part 2638. One DEO appointed by the Archivist serves as the Alternate Agency Ethics Official, with full authority to act as DAEO in his or her absence.
  5. Director of the Equal Employment Opportunity Program
    1. Maintain a continuing affirmative program to promote equal opportunity and to identify and eliminate discriminatory practices and policies (29 C.F.R. part 1614). This authority is redelegated to the Director of the Equal Employment Opportunity Program, who shall continue to have direct access to the Archivist. This authority is retained by the Director, Equal Employment Opportunity Program and may not be redelegated.
    2. Manage a continuing affirmative program to achieve and maintain a diverse workforce throughout all levels of the agency (29 C.F.R. part 1614). This authority is redelegated to the Director, Diversity and Inclusion Division and may not be redelegated.
  6. General Administration
    1. Accept and use voluntary and uncompensated personal services for NARA (44 U.S.C. 2105(d)). This authority is redelegated to Deputy Archivist; General Counsel; Director, Congressional Affairs Staff; Executive Director, NHPRC; Director, Equal Employment Opportunity Program; and Inspector General. 
    2. Accept orders from other departments, establishments, bureaus, or offices for materials, supplies, equipment, work, or service (31 U.S.C. 1535).
Top