US (United States) Code. Title 44. Chapter 21: National Archives and Records Administration

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public Printing and Documents

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-CITE-

44 USC CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-MISC1-

Sec.

2101. Definitions.

2102. Establishment.

2103. Officers.

2104. Administrative provisions.

2105. Personnel and services.

2106. Reports to Congress.

2107. Acceptance of records for historical preservation.

2108. Responsibility for custody, use, and withdrawal of

records.

2109. Preservation, arrangement, duplication, exhibition of

records.

2110. Servicing records.

2111. Material accepted for deposit.

2112. Presidential archival depository.

2113. Depository for agreements between States.

2114. Preservation of motion-picture films, still pictures,

and sound recordings.

2115. Reports; correction of violations.

2116. Legal status of reproductions; official seal; fees for

copies and reproductions.

2117. Limitation on liability.

2118. Records of Congress.

AMENDMENTS

1984 - Pub. L. 98-497, title I, Sec. 102(c)(1), Oct. 19, 1984, 98

Stat. 2282, amended analysis generally, substituting "National

Archives and Records" in chapter heading, adding items 2102 to 2106

and redesignating former items 2103 to 2114 as 2107 to 2118,

respectively.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2115, 2116, 2901, 2902,

3107 of this title; title 22 section 4352; title 25 section 450j;

title 28 section 594.

-End-

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44 USC Sec. 2101 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2101. Definitions

-STATUTE-

As used in this chapter -

(1) "Presidential archival depository" means an institution

operated by the United States to house and preserve the papers

and books of a President or former President of the United

States, together with other historical materials belonging to a

President or former President of the United States, or related to

his papers or to the events of his official or personal life, and

may include research facilities and museum facilities in

accordance with this chapter;

(2) "historical materials" including books, correspondence,

documents, papers, pamphlets, works of art, models, pictures,

photographs, plats, maps, films, motion pictures, sound

recordings, and other objects or materials having historical or

commemorative value;

(3) "Archivist" means the Archivist of the United States

appointed under section 2103 of this title; and

(4) "Administration" means the National Archives and Records

Administration established under section 2102 of this title.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98-497,

title I, Sec. 102(b), Oct. 19, 1984, 98 Stat. 2282; Pub. L. 99-323,

Sec. 2, May 27, 1986, 100 Stat. 495.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(j) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583, and amended July 12, 1962, ch. 703, Sec. 1(o), (p),

66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955,

ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494;

June 13, 1957, Pub. L. 85-51, 71 Stat. 69; Mar. 15, 1958, Pub. L.

85-341, Sec. 1(1), 72 Stat. 34).

AMENDMENTS

1986 - Par. (1). Pub. L. 99-323 inserted ", and may include

research facilities and museum facilities in accordance with this

chapter" after "or personal life".

1984 - Pub. L. 98-497 substituted "this chapter" for "sections

2103-2113 of this title", designated two existing paragraphs as

pars. (1) and (2), respectively, and added pars. (3) and (4).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title.

-End-

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44 USC Sec. 2102 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2102. Establishment

-STATUTE-

There shall be an independent establishment in the executive

branch of the Government to be known as the National Archives and

Records Administration. The Administration shall be administered

under the supervision and direction of the Archivist.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98-497,

title I, Sec. 101, Oct. 19, 1984, 98 Stat. 2280.)

-MISC1-

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."

-TRANS-

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."

-MISC2-

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."

-CROSS-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2101, 3102, 3317 of this

title.

-End-

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44 USC Sec. 2103 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2103. Officers

-STATUTE-

(a) The Archivist of the United States shall be appointed by the

President by and with the advice and consent of the Senate. The

Archivist shall be appointed without regard to political

affiliations and solely on the basis of the professional

qualifications required to perform the duties and responsibilities

of the office of Archivist. The Archivist may be removed from

office by the President. The President shall communicate the

reasons for any such removal to each House of the Congress.

(b) The Archivist shall be compensated at the rate provided for

level III of the Executive Schedule under section 5314 of title 5.

(c) There shall be in the Administration a Deputy Archivist of

the United States, who shall be appointed by and who shall serve at

the pleasure of the Archivist. The Deputy Archivist shall be

established as a career reserved position in the Senior Executive

Service within the meaning of section 3132(a)(8) of title 5. The

Deputy Archivist shall perform such functions as the Archivist

shall designate. During any absence or disability of the Archivist,

the Deputy Archivist shall act as Archivist. In the event of a

vacancy in the office of the Archivist, the Deputy Archivist shall

act as Archivist until an Archivist is appointed under subsection

(a).

-SOURCE-

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98

Stat. 2280.)

-MISC1-

PRIOR PROVISIONS

A prior section 2103 was renumbered section 2107 of this title.

EFFECTIVE 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2101, 3102, 3317 of this

title.

-End-

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44 USC Sec. 2104 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2104. Administrative provisions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98

Stat. 2281.)

-MISC1-

PRIOR PROVISIONS

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

EFFECTIVE 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.

-TRANS-

EMERGENCY 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title.

-End-

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44 USC Sec. 2105 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2105. Personnel and services

-STATUTE-

(a)(1) The Archivist is authorized to select, appoint, employ,

and fix the compensation of such officers and employees, pursuant

to part III of title 5, as are necessary to perform the functions

of the Archivist and the Administration.

(2) Notwithstanding paragraph (1), the Archivist is authorized to

appoint, subject to the consultation requirements set forth in

paragraph (f)(2) of section 2203 of this title, a director at each

Presidential archival depository established under section 2112 of

this title. The Archivist may appoint a director without regard to

subchapter I and subchapter VIII of chapter 33 of title 5, United

States Code, governing appointments in the competitive service and

the Senior Executive Service. A director so appointed shall be

responsible for the care and preservation of the Presidential

records and historical materials deposited in a Presidential

archival depository, shall serve at the pleasure of the Archivist

and shall perform such other functions as the Archivist may

specify.

(b) The Archivist is authorized to obtain the services of experts

and consultants under section 3109 of title 5.

(c) Notwithstanding the provisions of section 973 of title 10 or

any other provision of law, the Archivist, in carrying out the

functions of the Archivist or the Administration, is authorized to

utilize in the Administration the services of officials, officers,

and other personnel in other Federal agencies, including personnel

of the armed services, with the consent of the head of the agency

concerned.

(d) Notwithstanding section 1342 of title 31, United States Code,

the Archivist is authorized to accept and utilize voluntary and

uncompensated services.

-SOURCE-

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98

Stat. 2281; amended Pub. L. 107-67, title VI, Sec. 649, Nov. 12,

2001, 115 Stat. 556.)

-MISC1-

PRIOR PROVISIONS

A prior section 2105 was renumbered section 2109 of this title.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-67 amended subsec. (a) generally,

designating existing provisions as par. (1) and adding par. (2).

EFFECTIVE 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3316 of this title.

-End-

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44 USC Sec. 2106 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2106. Reports to Congress

-STATUTE-

The Archivist shall submit to the Congress, in January of each

year and at such other times as the Archivist finds appropriate, a

report concerning the administration of functions of the Archivist,

the Administration, the National Historical Publications and

Records Commission, and the National Archives Trust Fund. Such

report shall describe -

(1) program administration and expenditures of funds, both

appropriated and nonappropriated, by the Administration, the

Commission, and the Trust Fund Board;

(2) research projects and publications undertaken by Commission

grantees, and by Trust Fund grantees, including detailed

information concerning the receipt and use of all appropriated

and nonappropriated funds;

(3) by account, the moneys, securities, and other personal

property received and held by the National Archives Trust Fund

Board, and of its operations, including a listing of the purposes

for which funds are transferred to the National Archives and

Records Administration for expenditure to other Federal agencies;

and

(4) the matters specified in section 2904(c)(8) of this title.

-SOURCE-

(Added Pub. L. 98-497, title I, Sec. 102(a)(2), Oct. 19, 1984, 98

Stat. 2282.)

-MISC1-

PRIOR PROVISIONS

A prior section 2106 was renumbered section 2110 of this title.

EFFECTIVE 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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the Archivist submit a

report to Congress in January of each year, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and the last item on page 179 of House

Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title.

-End-

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44 USC Sec. 2107 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2107. Acceptance of records for historical preservation

-STATUTE-

When it appears to the Archivist to be in the public interest, he

may -

(1) accept for deposit with the National Archives of the United

States the records of a Federal agency, the Congress, the

Architect of the Capitol, or the Supreme Court determined by the

Archivist of the United States to have sufficient historical or

other value to warrant their continued preservation by the United

States Government;

(2) 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 of the United States to have sufficient historical or

other value to warrant their continued preservation by the United

States Government, unless the head of the agency which has

custody of them certified in writing to the Archivist that they

must be retained in his custody for use in the conduct of the

regular current business of the agency;

(3) direct and effect, with the approval of the head of the

originating agency, or if the existence of the agency has been

terminated, then with the approval of his successor in function,

if any, the transfer of records, deposited or approved for

deposit with the National Archives of the United States to public

or educational institutions or associations; title to the records

to remain vested in the United States unless otherwise authorized

by Congress; and

(4) transfer materials from private sources authorized to be

received by the Archivist by section 2111 of this title.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1287, Sec. 2103; Pub. L.

94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95-416,

Sec. 1(a), Oct. 5, 1978, 92 Stat. 915; renumbered Sec. 2107 and

amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(1), Oct.

19, 1984, 98 Stat. 2280, 2285.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(a) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p),

66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955,

ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494;

June 13, 1957, Pub. L. 85-51, 71 Stat. 69).

PRIOR PROVISIONS

A prior section 2107 was renumbered section 2111 of this title.

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(1), substituted "Archivist"

for "Administrator of General Services" in provisions preceding

par. (1), substituted ", the Congress, the Architect of the

Capitol, or the Supreme Court" for "or of the Congress" in par.

(1), substituted "Archivist" for "Administrator" in par. (2), and

substituted "Archivist" for "Administrator" and "section 2111" for

"section 2107" in par. (4).

1978 - Par. (2). Pub. L. 95-416 substituted "thirty years" for

"fifty years".

1976 - Par. (4). Pub. L. 94-575 substituted reference to section

"2107" for "3106".

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.

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-345, Sec. 1, Oct. 6, 1994, 108 Stat. 3128, provided

that: "This Act [amending provisions set out as a note below] may

be cited as the 'President John F. Kennedy Assassination Records

Collection Extension Act of 1994'."

PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION

Pub. L. 102-526, Oct. 26, 1992, 106 Stat. 3443, as amended by

Pub. L. 103-345, Secs. 2-5, Oct. 6, 1994, 108 Stat. 3128-3130; Pub.

L. 105-25, Sec. 1, July 3, 1997, 111 Stat. 240, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'President John F. Kennedy

Assassination Records Collection Act of 1992'.

"SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.

"(a) Findings and Declarations. - The Congress finds and declares

that -

"(1) all Government records related to the assassination of

President John F. Kennedy should be preserved for historical and

governmental purposes;

"(2) all Government records concerning the assassination of

President John F. Kennedy should carry a presumption of immediate

disclosure, and all records should be eventually disclosed to

enable the public to become fully informed about the history

surrounding the assassination;

"(3) legislation is necessary to create an enforceable,

independent, and accountable process for the public disclosure of

such records;

"(4) legislation is necessary because congressional records

related to the assassination of President John F. Kennedy would

not otherwise be subject to public disclosure until at least the

year 2029;

"(5) legislation is necessary because the Freedom of

Information Act [5 U.S.C. 552], as implemented by the executive

branch, has prevented the timely public disclosure of records

relating to the assassination of President John F. Kennedy;

"(6) legislation is necessary because Executive Order No. 12356

[50 U.S.C. 435 note], entitled 'National Security Information'

has eliminated the declassification and downgrading schedules

relating to classified information across government and has

prevented the timely public disclosure of records relating to the

assassination of President John F. Kennedy; and

"(7) most of the records related to the assassination of

President John F. Kennedy are almost 30 years old, and only in

the rarest cases is there any legitimate need for continued

protection of such records.

"(b) Purposes. - The purposes of this Act are -

"(1) to provide for the creation of the President John F.

Kennedy Assassination Records Collection at the National Archives

and Records Administration; and

"(2) to require the expeditious public transmission to the

Archivist and public disclosure of such records.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) 'Archivist' means the Archivist of the United States.

"(2) 'Assassination record' means a record that is related to

the assassination of President John F. Kennedy, that was created

or made available for use by, obtained by, or otherwise came into

the possession of -

"(A) the Commission to Investigate the Assassination of

President John F. Kennedy (the 'Warren Commission');

"(B) the Commission on Central Intelligence Agency Activities

Within the United States (the 'Rockefeller Commission');

"(C) the Senate Select Committee to Study Governmental

Operations with Respect to Intelligence Activities (the 'Church

Committee');

"(D) the Select Committee on Intelligence (the 'Pike

Committee') of the House of Representatives;

"(E) the Select Committee on Assassinations (the 'House

Assassinations Committee') of the House of Representatives;

"(F) the Library of Congress;

"(G) the National Archives and Records Administration;

"(H) any Presidential library;

"(I) any Executive agency;

"(J) any independent agency;

"(K) any other office of the Federal Government; and

"(L) any State or local law enforcement office that provided

support or assistance or performed work in connection with a

Federal inquiry into the assassination of President John F.

Kennedy,

but does not include the autopsy records donated by the Kennedy

family to the National Archives pursuant to a deed of gift

regulating access to those records, or copies and reproductions

made from such records.

"(3) 'Collection' means the President John F. Kennedy

Assassination Records Collection established under section 4.

"(4) 'Executive agency' means an Executive agency as defined in

subsection 552(f) of title 5, United States Code, and includes

any Executive department, military department, Government

corporation, Government controlled corporation, or other

establishment in the executive branch of the Government,

including the Executive Office of the President, or any

independent regulatory agency.

"(5) 'Government office' means any office of the Federal

Government that has possession or control of assassination

records, including -

"(A) the House Committee on Administration with regard to the

Select Committee on Assassinations of the records of the House

of Representatives;

"(B) the Select Committee on Intelligence of the Senate with

regard to records of the Senate Select Committee to Study

Governmental Operations with Respect to Intelligence Activities

and other assassination records;

"(C) the Library of Congress;

"(D) the National Archives as custodian of assassination

records that it has obtained or possesses, including the

Commission to Investigate the Assassination of President John

F. Kennedy and the Commission on Central Intelligence Agency

Activities in the United States; and

"(E) any other executive branch office or agency, and any

independent agency.

"(6) 'Identification aid' means the written description

prepared for each record as required in section 4.

"(7) 'National Archives' means the National Archives and

Records Administration and all components thereof, including

Presidential archival depositories established under section 2112

of title 44, United States Code.

"(8) 'Official investigation' means the reviews of the

assassination of President John F. Kennedy conducted by any

Presidential commission, any authorized congressional committee,

and any Government agency either independently, at the request of

any Presidential commission or congressional committee, or at the

request of any Government official.

"(9) 'Originating body' means the Executive agency, government

commission, congressional committee, or other governmental entity

that created a record or particular information within a record.

"(10) 'Public interest' means the compelling interest in the

prompt public disclosure of assassination records for historical

and governmental purposes and for the purpose of fully informing

the American people about the history surrounding the

assassination of President John F. Kennedy.

"(11) 'Record' includes a book, paper, map, photograph, sound

or video recording, machine readable material, computerized,

digitized, or electronic information, regardless of the medium on

which it is stored, or other documentary material, regardless of

its physical form or characteristics.

"(12) 'Review Board' means the Assassination Records Review

Board established by section 7.

"(13) 'Third agency' means a Government agency that originated

an assassination record that is in the possession of another

agency.

"SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS

COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.

"(a) In General. - (1) Not later than 60 days after the date of

enactment of this Act [Oct. 26, 1992], the National Archives and

Records Administration shall commence establishment of a collection

of records to be known as the President John F. Kennedy

Assassination Records Collection. In so doing, the Archivist shall

ensure the physical integrity and original provenance of all

records. The Collection shall consist of record copies of all

Government records relating to the assassination of President John

F. Kennedy, which shall be transmitted to the National Archives in

accordance with section 2107 of title 44, United States Code. The

Archivist shall prepare and publish a subject guidebook and index

to the collection.

"(2) The Collection shall include -

"(A) all assassination records -

"(i) that have been transmitted to the National Archives or

disclosed to the public in an unredacted form prior to the date

of enactment of this Act;

"(ii) that are required to be transmitted to the National

Archives; or

"(iii) the disclosure of which is postponed under this Act;

"(B) a central directory comprised of identification aids

created for each record transmitted to the Archivist under

section 5; and

"(C) all Review Board records as required by this Act.

"(b) Disclosure of Records. - All assassination records

transmitted to the National Archives for disclosure to the public

shall be included in the Collection and shall be available to the

public for inspection and copying at the National Archives within

30 days after their transmission to the National Archives.

"(c) Fees for Copying. - The Archivist shall -

"(1) charge fees for copying assassination records; and

"(2) grant waivers of such fees pursuant to the standards

established by section 552(a)(4) of title 5, United States Code.

"(d) Additional Requirements. - (1) The Collection shall be

preserved, protected, archived, and made available to the public at

the National Archives using appropriations authorized, specified,

and restricted for use under the terms of this Act.

"(2) The National Archives, in consultation with the Information

Security Oversight Office, shall ensure the security of the

postponed assassination records in the Collection.

"(e) Oversight. - The Committee on Government Operations [now

Committee on Government Reform] of the House of Representatives and

the Committee on Governmental Affairs of the Senate shall have

continuing oversight jurisdiction with respect to the Collection.

"SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL

ARCHIVES, AND PUBLIC DISCLOSURE OF ASSASSINATION RECORDS BY

GOVERNMENT OFFICES.

"(a) In General. - (1) As soon as practicable after the date of

enactment of this Act [Oct. 26, 1992], each Government office shall

identify and organize its records relating to the assassination of

President John F. Kennedy and prepare them for transmission to the

Archivist for inclusion in the Collection.

"(2) No assassination record shall be destroyed, altered, or

mutilated in any way.

"(3) No assassination record made available or disclosed to the

public prior to the date of enactment of this Act may be withheld,

redacted, postponed for public disclosure, or reclassified.

"(4) No assassination record created by a person or entity

outside government (excluding names or identities consistent with

the requirements of section 6) shall be withheld, redacted,

postponed for public disclosure, or reclassified.

"(b) Custody of Assassination Records Pending Review. - During

the review by Government offices and pending review activity by the

Review Board, each Government office shall retain custody of its

assassination records for purposes of preservation, security, and

efficiency, unless -

"(1) the Review Board requires the physical transfer of records

for purposes of conducting an independent and impartial review;

"(2) transfer is necessary for an administrative hearing or

other Review Board function; or

"(3) it is a third agency record described in subsection

(c)(2)(C).

"(c) Review. - (1) Not later than 300 days after the date of

enactment of this Act [Oct. 26, 1992], each Government office shall

review, identify and organize each assassination record in its

custody or possession for disclosure to the public, review by the

Review Board, and transmission to the Archivist.

"(2) In carrying out paragraph (1), a Government office shall -

"(A) determine which of its records are assassination records;

"(B) determine which of its assassination records have been

officially disclosed or publicly available in a complete and

unredacted form;

"(C)(i) determine which of its assassination records, or

particular information contained in such a record, was created by

a third agency or by another Government office; and

"(ii) transmit to a third agency or other Government office

those records, or particular information contained in those

records, or complete and accurate copies thereof;

"(D)(i) determine whether its assassination records or

particular information in assassination records are covered by

the standards for postponement of public disclosure under this

Act; and

"(ii) specify on the identification aid required by subsection

(d) the applicable postponement provision contained in section 6;

"(E) organize and make available to the Review Board all

assassination records identified under subparagraph (D) the

public disclosure of which in whole or in part may be postponed

under this Act;

"(F) organize and make available to the Review Board any record

concerning which the office has any uncertainty as to whether the

record is an assassination record governed by this Act;

"(G) give priority to -

"(i) the identification, review, and transmission of all

assassination records publicly available or disclosed as of the

date of enactment of this Act in a redacted or edited form; and

"(ii) the identification, review, and transmission, under the

standards for postponement set forth in this Act, of

assassination records that on the date of enactment of this Act

are the subject of litigation under section 552 of title 5,

United States Code; and

"(H) make available to the Review Board any additional

information and records that the Review Board has reason to

believe it requires for conducting a review under this Act.

"(3) The Director of each archival depository established under

section 2112 of title 44, United States Code, shall have as a

priority the expedited review for public disclosure of

assassination records in the possession and custody of the

depository, and shall make such records available to the Review

Board as required by this Act.

"(d) Identification Aids. - (1)(A) Not later than 45 days after

the date of enactment of this Act [Oct. 26, 1992], the Archivist,

in consultation with the appropriate Government offices, shall

prepare and make available to all Government offices a standard

form of identification or finding aid for use with each

assassination record subject to review under this Act.

"(B) The Archivist shall ensure that the identification aid

program is established in such a manner as to result in the

creation of a uniform system of electronic records by Government

offices that are compatible with each other.

"(2) Upon completion of an identification aid, a Government

office shall -

"(A) attach a printed copy to the record it describes;

"(B) transmit to the Review Board a printed copy; and

"(C) attach a printed copy to each assassination record it

describes when it is transmitted to the Archivist.

"(3) Assassination records which are in the possession of the

National Archives on the date of enactment of this Act, and which

have been publicly available in their entirety without redaction,

shall be made available in the Collection without any additional

review by the Review Board or another authorized office under this

Act, and shall not be required to have such an identification aid

unless required by the Archivist.

"(e) Transmission to the National Archives. - Each Government

office shall -

"(1) transmit to the Archivist, and make immediately available

to the public, all assassination records that can be publicly

disclosed, including those that are publicly available on the

date of enactment of this Act [Oct. 26, 1992], without any

redaction, adjustment, or withholding under the standards of this

Act; and

"(2) transmit to the Archivist upon approval for postponement

by the Review Board or upon completion of other action authorized

by this Act, all assassination records the public disclosure of

which has been postponed, in whole or in part, under the

standards of this Act, to become part of the protected

Collection.

"(f) Custody of Postponed Assassination Records. - An

assassination record the public disclosure of which has been

postponed shall, pending transmission to the Archivist, be held for

reasons of security and preservation by the originating body until

such time as the information security program has been established

at the National Archives as required in section 4(e)(2).

"(g) Periodic Review of Postponed Assassination Records. - (1)

All postponed or redacted records shall be reviewed periodically by

the originating agency and the Archivist consistent with the

recommendations of the Review Board under section 9(c)(3)(B).

"(2)(A) A periodic review shall address the public disclosure of

additional assassination records in the Collection under the

standards of this Act.

"(B) All postponed assassination records determined to require

continued postponement shall require an unclassified written

description of the reason for such continued postponement. Such

description shall be provided to the Archivist and published in the

Federal Register upon determination.

"(C) The periodic review of postponed assassination records shall

serve to downgrade and declassify security classified information.

"(D) Each assassination record shall be publicly disclosed in

full, and available in the Collection no later than the date that

is 25 years after the date of enactment of this Act [Oct. 26,

1992], unless the President certifies, as required by this Act,

that -

"(i) continued postponement is made necessary by an

identifiable harm to the military defense, intelligence

operations, law enforcement, or conduct of foreign relations; and

"(ii) the identifiable harm is of such gravity that it

outweighs the public interest in disclosure.

"(h) Fees for Copying. - Executive branch agencies shall -

"(1) charge fees for copying assassination records; and

"(2) grant waivers of such fees pursuant to the standards

established by section 552(a)(4) of title 5, United States Code.

"SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF

RECORDS.

"Disclosure of assassination records or particular information in

assassination records to the public may be postponed subject to the

limitations of this Act if there is clear and convincing evidence

that -

"(1) the threat to the military defense, intelligence

operations, or conduct of foreign relations of the United States

posed by the public disclosure of the assassination record is of

such gravity that it outweighs the public interest, and such

public disclosure would reveal -

"(A) an intelligence agent whose identity currently requires

protection;

"(B) an intelligence source or method which is currently

utilized, or reasonably expected to be utilized, by the United

States Government and which has not been officially disclosed,

the disclosure of which would interfere with the conduct of

intelligence activities; or

"(C) any other matter currently relating to the military

defense, intelligence operations or conduct of foreign

relations of the United States, the disclosure of which would

demonstrably impair the national security of the United States;

"(2) the public disclosure of the assassination record would

reveal the name or identity of a living person who provided

confidential information to the United States and would pose a

substantial risk of harm to that person;

"(3) the public disclosure of the assassination record could

reasonably be expected to constitute an unwarranted invasion of

personal privacy, and that invasion of privacy is so substantial

that it outweighs the public interest;

"(4) the public disclosure of the assassination record would

compromise the existence of an understanding of confidentiality

currently requiring protection between a Government agent and a

cooperating individual or a foreign government, and public

disclosure would be so harmful that it outweighs the public

interest; or

"(5) the public disclosure of the assassination record would

reveal a security or protective procedure currently utilized, or

reasonably expected to be utilized, by the Secret Service or

another Government agency responsible for protecting Government

officials, and public disclosure would be so harmful that it

outweighs the public interest.

"SEC. 7. ESTABLISHMENT AND POWERS OF THE ASSASSINATION RECORDS

REVIEW BOARD.

"(a) Establishment. - There is established as an independent

agency a board to be known as the Assassinations Records Review

Board.

"(b) Appointment. - (1) The President, by and with the advice and

consent of the Senate, shall appoint, without regard to political

affiliation, 5 citizens to serve as members of the Review Board to

ensure and facilitate the review, transmission to the Archivist,

and public disclosure of Government records related to the

assassination of President John F. Kennedy.

"(2) The President shall make nominations to the Review Board not

later than 90 calendar days after the date of enactment of this Act

[Oct. 26, 1992].

"(3) If the Senate votes not to confirm a nomination to the

Review Board, the President shall make an additional nomination not

later than 30 days thereafter.

"(4)(A) The President shall make nominations to the Review Board

after considering persons recommended by the American Historical

Association, the Organization of American Historians, the Society

of American Archivists, and the American Bar Association.

"(B) If an organization described in subparagraph (A) does not

recommend at least 2 nominees meeting the qualifications stated in

paragraph (5) by the date that is 45 days after the date of

enactment of this Act, the President shall consider for nomination

the persons recommended by the other organizations described in

subparagraph (A).

"(C) The President may request an organization described in

subparagraph (A) to submit additional nominations.

"(5) Persons nominated to the Review Board -

"(A) shall be impartial private citizens, none of whom is

presently employed by any branch of the Government, and none of

whom shall have had any previous involvement with any official

investigation or inquiry conducted by a Federal, State, or local

government, relating to the assassination of President John F.

Kennedy;

"(B) shall be distinguished persons of high national

professional reputation in their respective fields who are

capable of exercising the independent and objective judgment

necessary to the fulfillment of their role in ensuring and

facilitating the review, transmission to the public, and public

disclosure of records related to the assassination of President

John F. Kennedy and who possess an appreciation of the value of

such material to the public, scholars, and government; and

"(C) shall include at least 1 professional historian and 1

attorney.

"(c) Security Clearances. - (1) All Review Board nominees shall

be granted the necessary security clearances in an accelerated

manner subject to the standard procedures for granting such

clearances.

"(2) All nominees shall qualify for the necessary security

clearance prior to being considered for confirmation by the

Committee on Governmental Affairs of the Senate.

"(d) Confirmation Hearings. - (1) The Committee on Governmental

Affairs of the Senate shall hold confirmation hearings within 30

days in which the Senate is in session after the nomination of 3

Review Board members.

"(2) The Committee on Governmental Affairs shall vote on the

nominations within 14 days in which the Senate is in session after

the confirmation hearings, and shall report its results to the full

Senate immediately.

"(3) The Senate shall vote on each nominee to confirm or reject

within 14 days in which the Senate is in session after reported by

the Committee on Governmental Affairs.

"(e) Vacancy. - A vacancy on the Review Board shall be filled in

the same manner as specified for original appointment within 30

days of the occurrence of the vacancy.

"(f) Chairperson. - The Members of the Review Board shall elect

one of its members as chairperson at its initial meeting.

"(g) Removal of Review Board Member. - (1) No member of the

Review Board shall be removed from office, other than -

"(A) by impeachment and conviction; or

"(B) by the action of the President for inefficiency, neglect

of duty, malfeasance in office, physical disability, mental

incapacity, or any other condition that substantially impairs the

performance of the member's duties.

"(2)(A) If a member of the Review Board is removed from office,

and that removal is by the President, not later than 10 days after

the removal the President shall submit to the Committee on

Government Operations [now Committee on Government Reform] of the

House of Representatives and the Committee on Governmental Affairs

of the Senate a report specifying the facts found and the grounds

for the removal.

"(B) The President shall publish in the Federal Register a report

submitted under paragraph (2)(A), except that the President may, if

necessary to protect the rights of a person named in the report or

to prevent undue interference with any pending prosecution,

postpone or refrain from publishing any or all of the report until

the completion of such pending cases or pursuant to privacy

protection requirements in law.

"(3)(A) A member of the Review Board removed from office may

obtain judicial review of the removal in a civil action commenced

in the United States District Court for the District of Columbia.

"(B) The member may be reinstated or granted other appropriate

relief by order of the court.

"(h) Compensation of Members. - (1) A member of the Review Board

shall be compensated at a rate equal to the daily equivalent of the

annual rate of basic pay prescribed for level IV of the Executive

Schedule under section 5315 of title 5, United States Code, for

each day (including travel time) during which the member is engaged

in the performance of the duties of the Review Board.

"(2) A member of the Review Board shall be allowed reasonable

travel expenses, including per diem in lieu of subsistence, at

rates for employees of agencies under subchapter I of chapter 57 of

title 5, United States Code, while away from the member's home or

regular place of business in the performance of services for the

Review Board.

"(i) Duties of the Review Board. - (1) The Review Board shall

consider and render decisions on a determination by a Government

office to seek to postpone the disclosure of assassination records.

"(2) In carrying out paragraph (1), the Review Board shall

consider and render decisions -

"(A) whether a record constitutes an assassination record; and

"(B) whether an assassination record or particular information

in a record qualifies for postponement of disclosure under this

Act.

"(j) Powers. - (1) The Review Board shall have the authority to

act in a manner prescribed under this Act including authority to -

"(A) direct Government offices to complete identification aids

and organize assassination records;

"(B) direct Government offices to transmit to the Archivist

assassination records as required under this Act, including

segregable portions of assassination records, and substitutes and

summaries of assassination records that can be publicly disclosed

to the fullest extent;

"(C)(i) obtain access to assassination records that have been

identified and organized by a Government office;

"(ii) direct a Government office to make available to the

Review Board, and if necessary investigate the facts surrounding,

additional information, records, or testimony from individuals,

which the Review Board has reason to believe is required to

fulfill its functions and responsibilities under this Act; and

"(iii) request the Attorney General to subpoena private persons

to compel testimony, records, and other information relevant to

its responsibilities under this Act;

"(D) require any Government office to account in writing for

the destruction of any records relating to the assassination of

President John F. Kennedy;

"(E) receive information from the public regarding the

identification and public disclosure of assassination records;

"(F) hold hearings, administer oaths, and subpoena witnesses

and documents; and

"(G) use the Federal Supply Service in the same manner and

under the same conditions as other departments and agencies of

the United States; and

"(H) use the United States mails in the same manner and under

the same conditions as other departments and agencies of the

United States.

"(2) A subpoena issued under paragraph (1)(C)(iii) may be

enforced by any appropriate Federal court acting pursuant to a

lawful request of the Review Board.

"(k) Witness Immunity. - The Review Board shall be considered to

be an agency of the United States for purposes of section 6001 of

title 18, United States Code.

"(l) Oversight. - (1) The Committee on Government Operations [now

Committee on Government Reform] of the House of Representatives and

the Committee on Governmental Affairs of the Senate shall have

continuing oversight jurisdiction with respect to the official

conduct of the Review Board and the disposition of postponed

records after termination of the Review Board, and shall have

access to any records held or created by the Review Board.

"(2) The Review Board shall have the duty to cooperate with the

exercise of such oversight jurisdiction.

"(m) Support Services. - The Administrator of the General

Services Administration shall provide administrative services for

the Review Board on a reimbursable basis.

"(n) Interpretive Regulations. - The Review Board may issue

interpretive regulations.

"(o) Termination and Winding Up. - (1) The Review Board and the

terms of its members shall terminate not later than September 30,

1998.

"(2) Upon its termination, the Review Board shall submit reports

to the President and the Congress including a complete and accurate

accounting of expenditures during its existence, and shall complete

all other reporting requirements under this Act.

"(3) Upon termination and winding up, the Review Board shall

transfer all of its records to the Archivist for inclusion in the

Collection, and no record of the Review Board shall be destroyed.

"SEC. 8. ASSASSINATION RECORDS REVIEW BOARD PERSONNEL.

"(a) Executive Director. - (1) Not later than 45 days after the

initial meeting of the Review Board, the Review Board shall appoint

one citizen, without regard to political affiliation, to the

position of Executive Director.

"(2) The person appointed as Executive Director shall be a

private citizen of integrity and impartiality who is a

distinguished professional and who is not a present employee of any

branch of the Government and has had no previous involvement with

any official investigation or inquiry relating to the assassination

of President John F. Kennedy.

"(3)(A) A candidate for Executive Director shall be granted the

necessary security clearances in an accelerated manner subject to

the standard procedures for granting such clearances.

"(B) A candidate shall qualify for the necessary security

clearance prior to being approved by the Review Board.

"(4) The Executive Director shall -

"(A) serve as principal liaison to Government offices;

"(B) be responsible for the administration and coordination of

the Review Board's review of records;

"(C) be responsible for the administration of all official

activities conducted by the Review Board; and

"(D) have no authority to decide or determine whether any

record should be disclosed to the public or postponed for

disclosure.

"(5) The Executive Director shall not be removed for reasons

other than by a majority vote of the Review Board for cause on the

grounds of inefficiency, neglect of duty, malfeasance in office,

physical disability, mental incapacity, or any other condition that

substantially impairs the performance of the responsibilities of

the Executive Director or the staff of the Review Board.

"(b) Staff. - (1) The Review Board, without regard to the civil

service laws, may appoint and terminate additional personnel as are

necessary to enable the Review Board and its Executive Director to

perform the duties of the Review Board.

"(2)(A) Except as provided in subparagraph (B), a person

appointed to the staff of the Review Board shall be a private

citizen of integrity and impartiality who is not a present employee

of any branch of the Government and who has had no previous

involvement with any official investigation or inquiry relating to

the assassination of President John F. Kennedy.

"(B) An individual who is an employee of the Government may be

appointed to the staff of the Review Board if in that position the

individual will perform only administrative functions.

"(3)(A) A candidate for staff shall be granted the necessary

security clearances in an accelerated manner subject to the

standard procedures for granting such clearances.

"(B)(i) The Review Board may offer conditional employment to a

candidate for a staff position pending the completion of security

clearance background investigations. During the pendency of such

investigations, the Review Board shall ensure that any such

employee does not have access to, or responsibility involving,

classified or otherwise restricted assassination record materials.

"(ii) If a person hired on a conditional basis under clause (i)

is denied or otherwise does not qualify for all security clearances

necessary to carry out the responsibilities of the position for

which conditional employment has been offered, the Review Board

shall immediately terminate the person's employment.

"(c) Compensation. - Subject to such rules as may be adopted by

the Review Board, the chairperson, without regard to the provisions

of title 5, United States Code, governing appointments in the

competitive service and without regard to the provisions of chapter

51 and subchapter III of chapter 53 of that title relating to

classification and General Schedule pay rates, may -

"(1) appoint an Executive Director, who shall be paid at a rate

not to exceed the rate of basic pay for level V of the Executive

Schedule; and

"(2) appoint and fix compensation of such other personnel as

may be necessary to carry out this Act.

"(d) Advisory Committees. - (1) The Review Board shall have the

authority to create advisory committees to assist in fulfilling the

responsibilities of the Review Board under this Act.

"(2) Any advisory committee created by the Review Board shall be

subject to the Federal Advisory Committee Act (5 U.S.C. App.).

"(e) Security Clearance Required. - An individual employed in any

position by the Review Board (including an individual appointed as

Executive Director) shall be required to qualify for any necessary

security clearance prior to taking office in that position, but may

be employed conditionally in accordance with subsection (b)(3)(B)

before qualifying for that clearance.

"SEC. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW

BOARD.

"(a) Custody of Records Reviewed by Board. - Pending the outcome

of the Review Board's review activity, a Government office shall

retain custody of its assassination records for purposes of

preservation, security, and efficiency, unless -

"(1) the Review Board requires the physical transfer of records

for reasons of conducting an independent and impartial review; or

"(2) such transfer is necessary for an administrative hearing

or other official Review Board function.

"(b) Startup Requirements. - The Review Board shall -

"(1) not later than 90 days after the date of its appointment,

publish a schedule for review of all assassination records in the

Federal Register; and

"(2) not later than 180 days after the date of enactment of

this Act [Oct. 26, 1992], begin its review of assassination

records under this Act.

"(c) Determinations of the Review Board. - (1) The Review Board

shall direct that all assassination records be transmitted to the

Archivist and disclosed to the public in the Collection in the

absence of clear and convincing evidence that -

"(A) a Government record is not an assassination record; or

"(B) a Government record or particular information within an

assassination record qualifies for postponement of public

disclosure under this Act.

"(2) In approving postponement of public disclosure of an

assassination record, the Review Board shall seek to -

"(A) provide for the disclosure of segregable parts,

substitutes, or summaries of such a record; and

"(B) determine, in consultation with the originating body and

consistent with the standards for postponement under this Act,

which of the following alternative forms of disclosure shall be

made by the originating body:

"(i) Any reasonably segregable particular information in an

assassination record.

"(ii) A substitute record for that information which is

postponed.

"(iii) A summary of an assassination record.

"(3) With respect to each assassination record or particular

information in assassination records the public disclosure of which

is postponed pursuant to section 6, or for which only substitutions

or summaries have been disclosed to the public, the Review Board

shall create and transmit to the Archivist a report containing -

"(A) a description of actions by the Review Board, the

originating body, the President, or any Government office

(including a justification of any such action to postpone

disclosure of any record or part of any record) and of any

official proceedings conducted by the Review Board with regard to

specific assassination records; and

"(B) a statement, based on a review of the proceedings and in

conformity with the decisions reflected therein, designating a

recommended specified time at which or a specified occurrence

following which the material may be appropriately disclosed to

the public under this Act.

"(4)(A) Following its review and a determination that an

assassination record shall be publicly disclosed in the Collection

or postponed for disclosure and held in the protected Collection,

the Review Board shall notify the head of the originating body of

its determination and publish a copy of the determination in the

Federal Register within 14 days after the determination is made.

"(B) Contemporaneous notice shall be made to the President for

Review Board determinations regarding executive branch

assassination records, and to the oversight committees designated

in this Act in the case of legislative branch records. Such notice

shall contain a written unclassified justification for public

disclosure or postponement of disclosure, including an explanation

of the application of any standards contained in section 6.

"(d) Presidential Authority Over Review Board Determination. -

"(1) Public disclosure or postponement of disclosure. - After

the Review Board has made a formal determination concerning the

public disclosure or postponement of disclosure of an executive

branch assassination record or information within such a record,

or of any information contained in an assassination record,

obtained or developed solely within the executive branch, the

President shall have the sole and nondelegable authority to

require the disclosure or postponement of such record or

information under the standards set forth in section 6, and the

President shall provide the Review Board with an unclassified

written certification specifying the President's decision within

30 days after the Review Board's determination and notice to the

executive branch agency as required under this Act, stating the

justification for the President's decision, including the

applicable grounds for postponement under section 6, accompanied

by a copy of the identification aid required under section 4.

"(2) Periodic review. - Any executive branch assassination

record postponed by the President shall be subject to the

requirements of periodic review, downgrading and declassification

of classified information, and public disclosure in the

collection set forth in section 4.

"(3) Record of presidential postponement. - The Review Board

shall, upon its receipt, publish in the Federal Register a copy

of any unclassified written certification, statement, and other

materials transmitted by or on behalf of the President with

regard to postponement of assassination records.

"(e) Notice to Public. - Every 30 calendar days, beginning on the

date that is 60 calendar days after the date on which the Review

Board first approves the postponement of disclosure of an

assassination record, the Review Board shall publish in the Federal

Register a notice that summarizes the postponements approved by the

Review Board or initiated by the President, the House of

Representatives, or the Senate, including a description of the

subject, originating agency, length or other physical description,

and each ground for postponement that is relied upon.

"(f) Reports by the Review Board. - (1) The Review Board shall

report its activities to the leadership of the Congress, the

Committee on Government Operations [now Committee on Government

Reform] of the House of Representatives, the Committee on

Governmental Affairs of the Senate, the President, the Archivist,

and the head of any Government office whose records have been the

subject of Review Board activity.

"(2) The first report shall be issued on the date that is 1 year

after the date of enactment of this Act [Oct. 26, 1992], and

subsequent reports every 12 months thereafter until termination of

the Review Board.

"(3) A report under paragraph (1) shall include the following

information:

"(A) A financial report of the expenses for all official

activities and requirements of the Review Board and its

personnel.

"(B) The progress made on review, transmission to the

Archivist, and public disclosure of assassination records.

"(C) The estimated time and volume of assassination records

involved in the completion of the Review Board's performance

under this Act.

"(D) Any special problems, including requests and the level of

cooperation of Government offices, with regard to the ability of

the Review Board to operate as required by this Act.

"(E) A record of review activities, including a record of

postponement decisions by the Review Board or other related

actions authorized by this Act, and a record of the volume of

records reviewed and postponed.

"(F) Suggestions and requests to Congress for additional

legislative authority needs.

"(G) An appendix containing copies of reports of postponed

records to the Archivist required under section 9(c)(3) made

since the date of the preceding report under this subsection.

"(4) At least 90 calendar days before completing its work, the

Review Board shall provide written notice to the President and

Congress of its intention to terminate its operations at a

specified date.

"SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.

"(a) Materials Under Seal of Court. -

"(1) The Review Board may request the Attorney General to

petition any court in the United States or abroad to release any

information relevant to the assassination of President John F.

Kennedy that is held under seal of the court.

"(2)(A) The Review Board may request the Attorney General to

petition any court in the United States to release any

information relevant to the assassination of President John F.

Kennedy that is held under the injunction of secrecy of a grand

jury.

"(B) A request for disclosure of assassination materials under

this Act shall be deemed to constitute a showing of

particularized need under Rule 6 of the Federal Rules of Criminal

Procedure [18 App. U.S.C.].

"(b) Sense of Congress. - It is the sense of the Congress that -

"(1) the Attorney General should assist the Review Board in

good faith to unseal any records that the Review Board determines

to be relevant and held under seal by a court or under the

injunction of secrecy of a grand jury;

"(2) the Secretary of State should contact the Government of

the Republic of Russia and seek the disclosure of all records of

the government of the former Soviet Union, including the records

of the Komitet Gosudarstvennoy Bezopasnosti (KGB) and the

Glaynoye Razvedyvatelnoye Upravleniye (GRU), relevant to the

assassination of President Kennedy, and contact any other foreign

government that may hold information relevant to the

assassination of President Kennedy and seek disclosure of such

information; and

"(3) all Executive agencies should cooperate in full with the

Review Board to seek the disclosure of all information relevant

to the assassination of President John F. Kennedy consistent with

the public interest.

"SEC. 11. RULES OF CONSTRUCTION.

"(a) Precedence Over Other Law. - When this Act requires

transmission of a record to the Archivist or public disclosure, it

shall take precedence over any other law (except section 6103 of

the Internal Revenue Code [26 U.S.C. 6103]), judicial decision

construing such law, or common law doctrine that would otherwise

prohibit such transmission or disclosure, with the exception of

deeds governing access to or transfer or release of gifts and

donations of records to the United States Government.

"(b) Freedom of Information Act. - Nothing in this Act shall be

construed to eliminate or limit any right to file requests with any

executive agency or seek judicial review of the decisions pursuant

to section 552 of title 5, United States Code.

"(c) Judicial Review. - Nothing in this Act shall be construed to

preclude judicial review, under chapter 7 of title 5, United States

Code, of final actions taken or required to be taken under this

Act.

"(d) Existing Authority. - Nothing in this Act revokes or limits

the existing authority of the President, any executive agency, the

Senate, or the House of Representatives, or any other entity of the

Government to publicly disclose records in its possession.

"(e) Rules of the Senate and House of Representatives. - To the

extent that any provision of this Act establishes a procedure to be

followed in the Senate or the House of Representatives, such

provision is adopted -

"(1) as an exercise of the rulemaking power of the Senate and

House of Representatives, respectively, and is deemed to be part

of the rules of each House, respectively, but applicable only

with respect to the procedure to be followed in that House, and

it supersedes other rules only to the extent that it is

inconsistent with such rules; and

"(2) with full recognition of the constitutional right of

either House to change the rules (so far as they relate to the

procedure of that House) at any time, in the same manner, and to

the same extent as in the case of any other rule of that House.

"SEC. 12. TERMINATION OF EFFECT OF ACT.

"(a) Provisions Pertaining to the Review Board. - The provisions

of this Act that pertain to the appointment and operation of the

Review Board shall cease to be effective when the Review Board and

the terms of its members have terminated pursuant to section 7(o).

"(b) Other Provisions. - The remaining provisions of this Act

shall continue in effect until such time as the Archivist certifies

to the President and the Congress that all assassination records

have been made available to the public in accordance with this Act.

"SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - There are authorized to be appropriated to

carry out the provisions of this Act $1,600,000 for fiscal year

1998.

"(b) Interim Funding. - Until such time as funds are appropriated

pursuant to subsection (a), the President may use such sums as are

available for discretionary use to carry out this Act.

"SEC. 14. SEVERABILITY.

"If any provision of this Act or the application thereof to any

person or circumstance is held invalid, the remainder of this Act

and the application of that provision to other persons not

similarly situated or to other circumstances shall not be affected

by the invalidation."

[For transfer of the functions, personnel, assets, and

obligations of the United States Secret Service, including the

functions of the Secretary of the Treasury relating thereto, to the

Secretary of Homeland Security, and for treatment of related

references, see sections 381, 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.]

-EXEC-

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions authorizing Archivist to review, downgrade, and

declassify information of former Presidents under control of

Archivist pursuant to this section, see Ex. Ord. No. 12958, Sec.

3.6(b)(4), Apr. 17, 1995, 60 F.R. 19835, set out as a note under

section 435 of Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title;

title 36 section 2103.

-End-

-CITE-

44 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2108. Responsibility for custody, use, and withdrawal of

records

-STATUTE-

(a) The Archivist shall be responsible for the custody, use, and

withdrawal of records transferred to him. When records, the use of

which is subject to statutory limitations and restrictions, are so

transferred, permissive and restrictive statutory provisions with

respect to the examination and use of records applicable to the

head of the agency from which the records were transferred or to

employees of that agency are applicable to the Archivist and to the

employees of the National Archives and Records Administration,

respectively. Except as provided in subsection (b) of this section,

when the head of a Federal agency states, in writing, restrictions

that appear to him to be necessary or desirable in the public

interest with respect to the use or examination of records being

considered for transfer from his custody to the Archivist, the

Archivist shall, if he concurs,,(!1) impose such restrictions on

the records so transferred, and may not relax or remove such

restrictions without the written concurrence of the head of the

agency from which the material was transferred, or of his successor

in function, if any. In the event that a Federal agency is

terminated and there is no successor in function, the Archivist is

authorized to relax, remove, or impose restrictions on such

agency's records when he determines that such action is in the

public interest. Statutory and other restrictions referred to in

this subsection shall remain in force until the records have been

in existence for thirty years unless the Archivist by order, having

consulted with the head of the transferring Federal agency or his

successor in function, determines, with respect to specific bodies

of records, that for reasons consistent with standards established

in relevant statutory law, such restrictions shall remain in force

for a longer period. Restriction on the use or examination of

records deposited with the National Archives of the United States

imposed by section 3 of the National Archives Act, approved June

19, 1934, shall continue in force regardless of the expiration of

the tenure of office of the official who imposed them but may be

removed or relaxed by the Archivist with the concurrence in writing

of the head of the agency from which material was transferred or of

his successor in function, if any.

(b) With regard to the census and survey records of the Bureau of

the Census containing data identifying individuals enumerated in

population censuses, any release pursuant to this section of such

identifying information contained in such records shall be made by

the Archivist pursuant to the specifications and agreements set

forth in the exchange of correspondence on or about the date of

October 10, 1952, between the Director of the Bureau of the Census

and the Archivist of the United States, together with all

amendments thereto, now or hereafter entered into between the

Director of the Bureau of the Census and the Archivist of the

United States. Such amendments, if any, shall be published in the

Register.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2104; Pub. L.

95-416, Sec. 1(b), Oct. 5, 1978, 92 Stat. 915; renumbered Sec. 2108

and amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(2),

Oct. 19, 1984, 98 Stat. 2280, 2285.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(b) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583).

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the National Archives Act, approved June 19, 1934,

referred to in subsec. (a), was classified to section 300c of

former Title 44, Public Printing and Documents, and was repealed by

act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered

and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590.

-MISC2-

PRIOR PROVISIONS

A prior section 2108 was renumbered section 2112 of this title.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-497, Sec. 107(a)(2), substituted

"the Archivist and to the employees of the National Archives and

Records Administration" for "the Administrator, the Archivist of

the United States, and to the employees of the General Services

Administration", struck out "and in consultation with the Archivist

of the United States" before "impose such restrictions" in third

sentence, struck out "the Archivist and" after "having consulted

with" in fifth sentence, substituted "Archivist" for "Administrator

of General Services" wherever appearing, and substituted

"Archivist" for "Administrator" wherever appearing.

Subsec. (b). Pub. L. 98-497, Sec. 107(a)(2)(D), substituted

"Archivist" for "Administrator of General Services".

1978 - Pub. L. 95-416 designated existing provisions as subsec.

(a), inserted provisions permitting the Administrator to relax,

remove, or impose restrictions in the public interest of records of

agencies which have been terminated and requiring the Administrator

with regard to duration of restrictions to consult with the

Archivist and the head of the transferring Federal agency or his

successor in function, and substituted "thirty years" for "fifty

years", and added subsec. (b).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

44 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2109. Preservation, arrangement, duplication, exhibition of

records

-STATUTE-

The Archivist shall provide for the preservation, arrangement,

repair and rehabilitation, duplication and reproduction (including

microcopy publications), description, and exhibition of records or

other documentary material transferred to him as may be needful or

appropriate, including the preparation and publication of

inventories, indexes, catalogs, and other finding aids or guides to

facilitate their use. He may also prepare guides and other finding

aids to Federal records and, when approved by the National

Historical Publications and Records Commission, publish such

historical works and collections of sources as seem appropriate for

printing or otherwise recording at the public expense.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2105;

renumbered Sec. 2109 and amended Pub. L. 98-497, title I, Secs.

102(a)(1), 107(a)(3), Oct. 19, 1984, 98 Stat. 2280, 2285.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(c) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583; July 12, 1952, ch. 703, Sec. 1(o), 66 Stat. 594).

PRIOR PROVISIONS

A prior section 2109 was renumbered section 2113 of this title.

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(3), substituted "Archivist"

for "Administrator of General Services" and inserted "and Records"

after "National Historical Publications".

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.

-EXEC-

EX. ORD. NO. 11440. SUPPLEMENTAL USE OF EXHIBITS AND DISPLAYS

CREATED IN FURTHERANCE OF AUTHORIZED PROGRAMS OF EXECUTIVE

DEPARTMENTS AND AGENCIES

Ex. Ord. No. 11440, Dec. 11, 1968, 33 F.R. 18475, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

WHEREAS the executive departments and agencies of the Government,

in discharging their various responsibilities, create a large

volume of materials (including books, correspondence, documents,

papers, pamphlets, works of art, models, pictures, photographs,

plats, maps, films, motion pictures, sound recordings, and other

objects of historical or commemorative value) which from time to

time are incorporated into or reproduced for use in exhibits or

other types of visual displays needed for use in carrying out their

programs; and

WHEREAS under Chapter 21 of Title 44, United States Code, the

Archivist of the United States is authorized to accept for deposit

in the National Archives of the United States the records of any

Federal agency or of the Congress of the United States that are

determined by the Archivist to have sufficient historical or other

value to warrant their continued preservation by the United States

Government, as well as the papers and other historical materials of

any official or former official of the Government, and to make

provisions for the exhibition of materials transferred to him; and.

WHEREAS many of the exhibits and displays so prepared, produced,

or otherwise created by the executive departments and agencies

possess historical significance which warrants their preservation

and exhibition as part of the archival and cultural heritage of the

United States:

NOW, THEREFORE, by virtue of the authority vested in me, as

President of the United States, it is hereby ordered as follows:

Section 1. The heads of all executive departments and agencies

are directed -

(a) when initiating plans for the preparation, production, or

other creation of exhibits and displays in furtherance of their

program missions, to confer with the Archivist of the United

States, or his designee, for the purpose of assuring that any such

exhibits or displays which the Archivist finds appropriate for

supplemental exhibition as part of the archival and cultural

heritage of the United States are prepared, produced, or otherwise

created in a manner which assures, to the maximum possible extent,

their appropriateness, after they have served their primary program

purpose, for such supplemental exhibition, and

(b) to transfer to the Archivist, without reimbursement, such

exhibits or displays as he determines are appropriate for such

supplemental exhibition after they have served their primary

program purpose, subject to such conditions requiring return to the

department or agency of all or any of the materials incorporated in

the exhibits or displays as may be mutually agreeable.

Sec. 2. The Archivist of the United States is directed to -

(a) provide advice, counsel, and assistance to the heads of

executive departments and agencies in the preparation, production,

or other creation of exhibits and displays which he finds will have

future value for exhibition as part of the archival and cultural

heritage of the United States; and

(b) accept any such exhibit or display when it has served its

primary program purpose and (1) arrange for its supplemental

exhibition as appropriate, (2) preserve any such exhibit or display

which possesses sufficient historical or other value to warrant

continued preservation, or (3) dispose of any such exhibit or

display when, in his judgment, the reasons for its continued

preservation or exhibition cease to exist, all subject to the

conditions agreed upon incident to transfer to the Archivist of the

United States of the exhibit or display.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title.

-End-

-CITE-

44 USC Sec. 2110 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2110. Servicing records

-STATUTE-

The Archivist shall provide and maintain facilities he considers

necessary or desirable for servicing records in his custody that

are not exempt from examination by statutory or other restrictions.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2106;

renumbered Sec. 2110 and amended Pub. L. 98-497, title I, Secs.

102(a)(1), 107(a)(4), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(d) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583).

PRIOR PROVISIONS

A prior section 2110 was renumbered section 2114 of this title.

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(4), substituted "Archivist"

for "Administrator of General Services".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3317 of this title.

-End-

-CITE-

44 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2111. Material accepted for deposit

-STATUTE-

When the Archivist considers it to be in the public interest he

may accept for deposit -

(1) the papers and other historical materials of a President or

former President of the United States, or other official or

former official of the Government, and other papers relating to

and contemporary with a President or former President of the

United States, subject to restrictions agreeable to the Archivist

as to their use; and

(2) documents, including motion-picture films, still pictures,

and sound recordings, from private sources that are appropriate

for preservation by the Government as evidence of its

organization, functions, policies, decisions, procedures, and

transactions.

This section shall not apply in the case of any Presidential

records which are subject to the provisions of chapter 22 of this

title.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1288, Sec. 2107; Pub. L.

95-591, Sec. 2(b)(2), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec.

2111 and amended Pub. L. 98-497, title I, Secs. 102(a)(1),

107(a)(5), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code 1964 ed., Sec. 397(e) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583; July 12, 1952, ch. 703, Sec. 1(p), 66 Stat. 594; July

12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat.

695).

PRIOR PROVISIONS

A prior section 2111 was renumbered section 2115 of this title.

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(5), substituted "Archivist"

for "Administrator of General Services" in provisions preceding

par. (1), and substituted "Archivist" for "Administrator" in par.

(1).

1978 - Pub. L. 95-591 inserted provision excluding Presidential

records which are subject to provisions of chapter 22 of this title

from application of this section.

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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-591 effective with respect to

Presidential records created during a term of office of President

beginning on or after Jan. 20, 1981, see section 3 of Pub. L.

95-591, set out as an Effective Date note under section 2201 of

this title.

PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT

Pub. L. 93-526, title I, Secs. 101-106, Dec. 19, 1974, 88 Stat.

1695-1698, as amended by Pub. L. 98-497, title I, Sec. 107(c), Oct.

19, 1984, 98 Stat. 2291, provided: "That this Act [enacting this

note, sections 3315 to 3324 of this title, and provisions set out

as a note under section 3315 of this title] may be cited as the

'Presidential Recordings and Materials Preservation Act'.

"TITLE I - PRESERVATION OF PRESIDENTIAL RECORDINGS AND MATERIALS

"DELIVERY AND RETENTION OF CERTAIN PRESIDENTIAL MATERIALS

"Sec. 101. (a) Notwithstanding any other law or any agreement or

understanding made pursuant to section 2111 of title 44, United

States Code any Federal employee in possession shall deliver, and

the Archivist of the United States (hereinafter referred to as the

'Archivist') shall receive, obtain, or retain, complete possession

and control of all original tape recordings of conversations which

were recorded or caused to be recorded by any officer or employee

of the Federal Government and which -

"(1) involve former President Richard M. Nixon or other

individuals who, at the time of the conversation, were employed

by the Federal Government;

"(2) were recorded in the White House or in the office of the

President in the Executive Office Buildings located in

Washington, District of Columbia; Camp David, Maryland; Key

Biscayne, Florida; or San Clemente, California; and

"(3) were recorded during the period beginning January 20,

1969, and ending August 9, 1974.

"(b)(1) Notwithstanding any other law or any agreement or

understanding made pursuant to section 2111 of title 44, United

States Code, the Archivist shall receive, retain, or make

reasonable efforts to obtain, complete possession and control of

all papers, documents, memorandums, transcripts, and other objects

and materials which constitute the Presidential historical

materials of Richard M. Nixon, covering the period beginning

January 20, 1969, and ending August 9, 1974.

"(2) For purposes of this subsection, the term 'historical

materials' has the meaning given it by section 2101 of title 44,

United States Code.

"AVAILABILITY OF CERTAIN PRESIDENTIAL MATERIALS

"Sec. 102. (a) None of the tape recordings or other materials

referred to in section 101 shall be destroyed, except as hereafter

may be provided by law.

"(b) Notwithstanding any other provision of this title, any other

law, or any agreement or understanding made pursuant to section

2111 of title 44, United States Code, the tape recordings and other

materials referred to in section 101 shall, immediately upon the

date of enactment of this title, be made available, subject to any

rights, defenses, or privileges which the Federal Government or any

person may invoke, for use in any judicial proceeding or otherwise

subject to court subpena or other legal process. Any request by the

Office of Watergate Special Prosecution Force, whether by court

subpena or other lawful process, for access to such recordings or

materials shall at all times have priority over any other request

for such recordings or materials.

"(c) Richard M. Nixon, or any person whom he may designate in

writing, shall at all times have access to the tape recordings and

other materials referred to in section 101 for any purpose which is

consistent with the provisions of this title, subsequent and

subject to the regulations which the Archivist shall issue pursuant

to section 103.

"(d) Any agency or department in the executive branch of the

Federal Government shall at all times have access to the tape

recordings and other materials referred to in section 101 for

lawful Government use, subject to the regulations which the

Archivist shall issue pursuant to section 103.

"REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER MATERIALS

"Sec. 103. The Archivist shall issue at the earliest possible

date such regulations as may be necessary to assure the protection

of the tape recordings and other materials referred to in section

101 from loss or destruction, and to prevent access to such

recordings and materials by unauthorized persons. Custody of such

recordings and materials shall be maintained in Washington,

District of Columbia, or its metropolitan area, except as may

otherwise be necessary to carry out the provisions of this title.

"REGULATIONS RELATING TO PUBLIC ACCESS

"Sec. 104. (a) The Archivist shall, within ninety days after the

date of enactment of this title [Dec. 19, 1974], submit to each

House of the Congress a report proposing and explaining regulations

that would provide public access to the tape recordings and other

materials referred to in section 101. Such regulations shall take

into account the following factors:

"(1) the need to provide the public with the full truth, at the

earliest reasonable date, of the abuses of governmental power

popularly identified under the generic term 'Watergate';

"(2) the need to make such recordings and materials available

for use in judicial proceedings;

"(3) the need to prevent general access, except in accordance

with appropriate procedures established for use in judicial

proceedings to information relating to the Nation's security;

"(4) the need to protect every individual's right to a fair and

impartial trial;

"(5) the need to protect any party's opportunity to assert any

legally or constitutionally based right or privilege which would

prevent or otherwise limit access to such recordings and

materials;

"(6) the need to provide public access to those materials which

have general historical significance, and which are not likely to

be related to the need described in paragraph (1); and

"(7) the need to give to Richard M. Nixon, or his heirs, for

his sole custody and use, tape recordings and other materials

which are not likely to be related to the need described in

paragraph (1) and are not otherwise of general historical

significance.

"(b) The regulations proposed by the Archivist in the report

required by subsection (a) shall not take effect until the

expiration of the first period of 60 calendar days of continuous

session of the Congress after the date of the submission of such

regulations to each House of the Congress. For the purposes of this

subsection, continuity of session is broken only by an adjournment

of Congress sine die, but the days on which either House is not in

session because of an adjournment of more than three days to a day

certain are excluded.

"(c) The provisions of this title shall not apply, on and after

the date upon which regulations proposed by the Administrator take

effect under subsection (b), to any tape recordings or other

materials given to Richard M. Nixon, or his heirs, pursuant to

subsection (a)(7).

"(d) The provisions of this title shall not in any way affect the

rights, limitations or exemptions applicable under the Freedom of

Information Act, 5 U.S.C. Sec. 552 et seq.

"JUDICIAL REVIEW

"Sec. 105. (a) The United States District Court for the District

of Columbia shall have exclusive jurisdiction to hear challenges to

the legal or constitutional validity of this title or of any

regulation issued under the authority granted by this title, and

any action or proceeding involving the question of title,

ownership, custody, possession, or control of any tape recording or

material referred to in section 101 or involving payment of any

just compensation which may be due in connection therewith. Any

such challenge shall be treated by the court as a matter requiring

immediate consideration and resolution, and such challenge shall

have priority on the docket of such court over other cases.

"(b) If, under the procedures established by subsection (a), a

judicial decision is rendered that a particular provision of this

title, or a particular regulation issued under the authority

granted by this title, is unconstitutional or otherwise invalid,

such decision shall not affect in any way the validity or

enforcement of any other provision of this title or any regulation

issued under the authority granted by this title.

"(c) If a final decision of such court holds that any provision

of this title has deprived an individual of private property

without just compensation, then there shall be paid out of the

general fund of the Treasury of the United States such amount or

amounts as may be adjudged just by that Court.

"AUTHORIZATION OF APPROPRIATIONS

"Sec. 106. There is authorized to be appropriated such sums as

may be necessary to carry out the provisions of this title."

-EXEC-

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions authorizing Archivist to review, downgrade, and

declassify information of former Presidents under control of

Archivist pursuant to this section or provisions set out as a note

under this section, see Ex. Ord. No. 12958, Sec. 3.6(b)(4), Apr.

17, 1995, 60 F.R. 19835, set out as a note under section 435 of

Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2107, 2112, 3102, 3317 of

this title.

-End-

-CITE-

44 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2112. Presidential archival depository

-STATUTE-

(a)(1) When the Archivist considers it to be in the public

interest, the Archivist may -

(A)(i) accept, 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;

(ii) take title to the land, facility, and equipment on behalf

of the United States; and

(iii) maintain, operate, and protect the land, facility, and

equipment as a Presidential archival depository and as part of

the national archives system;

(B)(i) make agreements, upon terms and conditions the Archivist

considers proper, 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; and

(ii) maintain, operate, and protect the depository as a part of

the national archives system; and

(C) 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.

(2) The Archivist shall promulgate architectural and design

standards applicable to Presidential archival depositories in order

to ensure that such depositories (A) preserve Presidential records

subject to chapter 22 of this title and papers and other historical

materials accepted for deposit under section 2111 of this title and

(B) contain adequate research facilities.

(3) Prior to accepting and taking title to any land, facility, or

equipment under subparagraph (A) of paragraph (1), or prior to

entering into any agreement under subparagraph (B) of such

paragraph or any other agreement to accept or establish a

Presidential archival depository, the Archivist shall submit a

written report on the proposed Presidential archival depository to

the President of the Senate and the Speaker of the House of

Representatives. The report shall include -

(A) a description of the land, facility, and equipment offered

as a gift or to be made available without transfer of title;

(B) a statement specifying the estimated total cost of the

proposed depository and the amount of the endowment for the

depository required pursuant to subsection (g) of this section;

(C) a statement of the terms of the proposed agreement, if any;

(D) a general description of the types of papers, documents, or

other historical materials proposed to be deposited in the

depository to be created, and of the terms of the proposed

deposit;

(E) a statement of any additional improvements and equipment

associated with the development and operation of the depository,

an estimate of the costs of such improvements and equipment, and

a statement as to the extent to which such costs will be incurred

by any Federal or State government agency;

(F) an estimate of the total annual cost to the United States

of maintaining, operating, and protecting the depository; and

(G) a certification that such facility and equipment (whether

offered as a gift or made available without transfer of title)

comply with standards promulgated by the Archivist pursuant to

paragraph (2) of this subsection.

(4) Prior to accepting any gift under subparagraph (C) of

paragraph (1) for the purpose of making any physical or material

change or addition to a Presidential archival depository, or prior

to implementing any provision of law requiring the making of such a

change or addition, the Archivist shall submit a report in writing

on the proposed change or addition to the President of the Senate

and the Speaker of the House of Representatives. The report shall

include -

(A) a description of such gift;

(B) a statement specifying the estimated total cost of the

proposed physical or material change or addition and the amount

of the deposit in an endowment for the depository required

pursuant to subsection (g) of this section in order to meet the

cost of such change or addition;

(C) a statement of the purpose of the proposed change or

addition and a general description of any papers, documents, or

historical materials proposed to be deposited in the depository

as a result of such change or addition;

(D) a statement of any additional improvements or equipment for

the depository associated with such change or addition;

(E) an estimate of the increase in the total annual cost to the

United States of maintaining, operating, and protecting the

depository that will result from such change or addition; and

(F) a certification that the depository, and the equipment

therein will, after such change or addition, comply with the

standards promulgated by the Archivist pursuant to paragraph (2)

of this subsection.

(5) The Archivist may not -

(A) accept or take title to land, a facility, or equipment

under subparagraph (A) of paragraph (1) for the purpose of

creating a Presidential archival depository;

(B) enter into any agreement under subparagraph (B) of such

paragraph or any other agreement to accept or establish a

Presidential archival depository; or

(C) accept any gift under subparagraph (C) of such paragraph

for the purpose of making any physical or material change to a

Presidential archival depository,

until the expiration of a period of 60 days of continuous session

of Congress beginning on the date on which the Archivist transmits

the report required under paragraph (3) of this subsection with

respect to such Presidential archival depository or the report

required under paragraph (4) of this subsection with respect to

such change or addition, as the case may be.

(b) When the Archivist considers it to be in the public interest,

he may deposit in a Presidential archival depository papers,

documents, or other historical materials accepted under section

2111 of this title, or Federal records appropriate for

preservation.

(c) When the Archivist considers it to be in the public interest,

he may exercise, with respect to papers, documents, or other

historical materials deposited under this section, or otherwise, in

a Presidential archival depository, all the functions and

responsibilities otherwise vested in him pertaining to Federal

records or other documentary materials in his custody or under his

control. The Archivist, in negotiating for the deposit of

Presidential historical materials, shall take steps to secure to

the Government, as far as possible, the right to have continuous

and permanent possession of the materials. Papers, documents, or

other historical materials accepted and deposited under section

2111 of this title and this section are subject to restrictions as

to their availability and use stated in writing by the donors or

depositors, including the restriction that they shall be kept in a

Presidential archival depository. The restrictions shall be

respected for the period stated, or until revoked or terminated by

the donors or depositors or by persons legally qualified to act on

their behalf. Subject to the restrictions, the Archivist may

dispose by sale, exchange, or otherwise, of papers, documents, or

other materials which the Archivist determines to have no permanent

value or historical interest or to be surplus to the needs of a

Presidential archival depository. Only the first two sentences of

this subsection shall apply to Presidential records as defined in

section 2201(2) of this title.

(d) When the Archivist considers it to be in the public interest,

he may cooperate with and assist a university, institution of

higher learning, institute, foundation, or other organization or

qualified individual to further or to conduct study or research in

historical materials deposited in a Presidential archival

depository.

(e) When the Archivist considers it to be in the public interest,

he may charge and collect reasonable fees for the privilege of

visiting and viewing exhibit rooms or museum space in a

Presidential archival depository.

(f) When the Archivist considers it to be in the public interest,

he may provide reasonable office space in a Presidential archival

depository for the personal use of a former President of the United

States.

(g)(1) When the Archivist considers it to be in the public

interest, the Archivist may solicit and accept gifts or bequests of

money or other property for the purpose of maintaining, operating,

protecting, or improving a Presidential archival depository. The

proceeds of gifts or bequests, together with the proceeds from fees

or from sales of historical materials, copies or reproductions,

catalogs, or other items, having to do with a Presidential archival

depository, shall be paid into an account in the National Archives

Trust Fund and shall be held, administered, and expended for the

benefit and in the interest of the Presidential archival depository

in connection with which they were received, and for the same

purposes and objects, including custodial and administrative

services for which appropriations for the maintenance, operation,

protection, or improvement of Presidential archival depositories

might be expended.

(2) The Archivist shall provide for the establishment in such

Trust Fund of separate endowments for the maintenance of the land,

facility, and equipment of each Presidential archival depository,

to which shall be credited any gifts or bequests received under

paragraph (1) that are offered for that purpose. Income to each

such endowment shall be available to cover the cost of facility

operations, but shall not be available for the performance of

archival functions under this title.

(3) The Archivist shall not accept or take title to any land,

facility, or equipment under subparagraph (A) of subsection (a)(1),

or enter into any agreement to use any land, facility, or equipment

under subparagraph (B) of such subsection for the purpose of

creating a Presidential archival depository, unless the Archivist

determines that there is available, by gift or bequest for deposit

under paragraph (2) of this subsection in an endowment with respect

to such depository, an amount for the purpose of maintaining such

land, facility, and equipment equal to -

(A) the product of -

(i) the total cost of acquiring or constructing such facility

and of acquiring and installing such equipment, multiplied by

(ii) 20 percent; plus

(B)(i) if title to the land is to be vested in the United

States, the product of -

(I) the total cost of acquiring the land upon which such

facility is located, or such other measure of the value of such

land as is mutually agreed upon by the Archivist and the donor,

multiplied by

(II) 20 percent; or

(ii) if title to the land is not to be vested in the United

States, the product of -

(I) the total cost to the donor of any improvements to the

land upon which such facility is located (other than such

facility and equipment), multiplied by

(II) 20 percent; plus

(C) if the Presidential archival depository will exceed 70,000

square feet in area, an amount equal to the product of -

(i) the sum of -

(I) the total cost described in clause (i) of subparagraph

(A); plus

(II) the total cost described in subclause (I) or (II) of

subparagraph (B)(i), as the case may be, multiplied by

(ii) the percentage obtained by dividing the number of square

feet by which such depository will exceed 70,000 square feet by

70,000.

(4) If a proposed physical or material change or addition to a

Presidential archival depository would result in an increase in the

costs of facility operations, the Archivist may not accept any gift

under subparagraph (C) of paragraph (1) for the purpose of making

such a change or addition, or may not implement any provision of

law requiring the making of such a change or addition, unless the

Archivist determines that there is available, by gift or bequest

for deposit under paragraph (2) of this subsection in an endowment

with respect to such depository, an amount for the purpose of

maintaining the land, facility, and equipment of such depository

equal to the difference between -

(A) the amount which, pursuant to paragraph (3) of this

subsection, would have been required to have been available for

deposit in such endowment with respect to such depository if such

change or addition had been included in such depository on -

(i) the date on which the Archivist took title to the land,

facility, and equipment for such depository under subparagraph

(A) of subsection (a)(1); or

(ii) the date on which the Archivist entered into an

agreement for the creation of such depository under

subparagraph (B) of such paragraph,

as the case may be; minus

(B) the amount which, pursuant to paragraph (3) of this

subsection, was required to be available for deposit in such

endowment with respect to such depository on the date the

Archivist took such title or entered into such agreement, as the

case may be.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108; Pub. L.

94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95-591,

Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec. 2112 and

amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(6), Oct.

19, 1984, 98 Stat. 2280, 2286; Pub. L. 99-323, Sec. 3, May 27,

1986, 100 Stat. 495.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(f) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p),

66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955,

ch. 859, 69 Stat. 695).

PRIOR PROVISIONS

A prior section 2112 was renumbered section 2116 of this title.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-323, Sec. 3(a), amended subsec.

(a) generally, revising and restating as pars. (1) to (5)

provisions of former undesignated pars. containing similar subject

matter.

Subsec. (g). Pub. L. 99-323, Sec. 3(b), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "When

the Archivist considers it be in the public interest, he may accept

gifts or bequests of money or other property for the purpose of

maintaining, operating, protecting, or improving a Presidential

archival depository. The proceeds of gifts or bequests, together

with the proceeds from fees or from sales of historical materials,

copies or reproductions, catalogs, or other items, having to do

with a Presidential archival depository, shall be paid into the

National Archives Trust Fund to be held, administered, and expended

for the benefit and in the interest of the Presidential archival

depository in connection with which they were received, including

administrative and custodial expenses as the Archivist determines."

1984 - Subsec. (a). Pub. L. 98-497, Sec. 107(a)(6), substituted

"Archivist" for "Administrator of General Services" and "Archivist"

for "Administrator" wherever appearing.

Subsecs. (b), (c). Pub. L. 98-497, Sec. 107(a)(6), substituted

"Archivist" for "Administrator" and "section 2111" for "section

2107" wherever appearing.

Subsecs. (d) to (g). Pub. L. 98-497, Sec. 107(a)(6), substituted

"Archivist" for "Administrator" wherever appearing.

1978 - Subsec. (c). Pub. L. 95-591 limited application of subsec.

(c) when dealing with Presidential records.

1976 - Subsecs. (b), (c). Pub. L. 94-575 substituted reference to

section "2107" for "3106".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 4 of Pub. L. 99-323 provided that: "Paragraphs (3) and

(4) of section 2112(g) of title 44, United States Code (as added by

the amendment made by section 3(b) of this Act) shall apply with

respect to any Presidential archival depository created as a

depository for the papers, documents, and other historical

materials and Federal records pertaining to any President who takes

the oath of office as President for the first time on or after

January 20, 1985."

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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-591 effective with respect to

Presidential records created during a term of office of President

beginning on or after Jan. 20, 1981, see section 3 of Pub. L.

95-591, set out as an Effective Date note under section 2201 of

this title.

JOHN FITZGERALD KENNEDY LIBRARY

Pub. L. 89-547, Aug. 27, 1966, 80 Stat. 370, provided: "That the

Administrator of General Services is hereby authorized to accept

title to the structure or structures to be erected and equipped at

Cambridge, Massachusetts, by the John Fitzgerald Kennedy Library,

Incorporated, to be transferred to the United States Government,

without reimbursement, for use as a Presidential archival

depository to be known as the John Fitzgerald Kennedy Library, and

to maintain, operate, and protect such depository as a part of the

National Archives system. The Administrator may enter into such

agreements with the officers of the John Fitzgerald Kennedy

Library, Incorporated, as are necessary to complete the transfer of

title to the United States and may do so without regard to the

provision of section 507(f)(1) of the Federal Property and

Administrative Services Act of 1949, as amended (44 U.S.C. [former]

397(f)(1) [now subsec. (a) of this section], that the Administrator

shall not enter into any such agreement until the expiration of the

first period of sixty calendar days of continuous session of the

Congress following the date on which a report in writing of any

such proposed Presidential archival depository is transmitted by

the Administrator to the President of the Senate and the Speaker of

the House of Representatives."

[For transfer of certain functions of the Administrator of

General Services under Pub. L. 89-547 to the Archivist of the

United States, see section 103(b)(2) of Pub. L. 98-497, set out as

a Transfer of Functions note under section 2102 of this title.]

LYNDON BAINES JOHNSON PRESIDENTIAL ARCHIVAL DEPOSITORY

Pub. L. 89-169, Sept. 6, 1965, 79 Stat. 648, provided: "That the

Administrator of General Services is hereby authorized to enter

into an agreement upon such terms and conditions as he determines

proper with the University of Texas to utilize as the Lyndon Baines

Johnson Archival Depository, land, buildings, and equipment of such

university to be made available by it without transfer of title to

the United States, and to maintain, operate and protect such

depository as a part of the National Archives system. Such

agreement may be entered into without regard to the provisions of

section 507(f)(1) of the Federal Property and Administrative

Services Act of 1949, as amended (44 U.S.C. [former] 397(f)(1))

[now subsec. (a) of this section], that the Administrator shall not

enter into any such agreement until the expiration of the first

period of sixty calendar days of continuous session of the Congress

following the date on which a report in writing of any such

proposed Presidential archival depository is transmitted by the

Administrator to the President of the Senate and the Speaker of the

House of Representatives."

[For transfer of certain functions of the Administrator of

General Services under Pub. L. 89-169 to the Archivist of the

United States, see section 103(b)(2) of Pub. L. 98-497, set out as

a Transfer of Functions note under section 2102 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2105, 3102, 3317 of this

title.

-End-

-CITE-

44 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2113. Depository for agreements between States

-STATUTE-

The Archivist may receive duplicate originals or authenticated

copies of agreements or compacts entered into under the

Constitution and laws of the United States, between States of the

Union, and take necessary actions for their preservation and

servicing.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1290, Sec. 2109;

renumbered Sec. 2113 and amended Pub. L. 98-497, title I, Secs.

102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(h) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583, and amended July 12, 1952, ch. 703, Sec. 1(o), (p),

66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955,

ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494;

June 13, 1957, Pub. L. 85-51, 71 Stat. 69; Mar. 15, 1958, Pub. L.

85-341, Sec. 1(1), 72 Stat. 34).

PRIOR PROVISIONS

A prior section 2113 was renumbered section 2117 of this title.

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(7), substituted "Archivist"

for "Administrator of General Services".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2114. Preservation of motion-picture films, still pictures,

and sound recordings

-STATUTE-

The Archivist may make and preserve motion-picture films, still

pictures, and sound recordings pertaining to and illustrative of

the historical development of the United States Government and its

activities, and provide for preparing, editing, titling, scoring,

processing, duplicating, reproducing, exhibiting, and releasing for

non-profit educational purposes, motion-picture films, still

pictures, and sound recordings in his custody.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1290, Sec. 2110;

renumbered Sec. 2114 and amended Pub. L. 98-497, title I, Secs.

102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 397(i) (June 30, 1949, ch.

288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (p),

66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955,

ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, Sec. 4, 70 Stat. 494;

June 13, 1957, Pub. L. 85-51, 71 Stat. 69; Mar. 15, 1958, Pub. L.

85-341, Sec. 1(1), 72 Stat. 34).

PRIOR PROVISIONS

A prior section 2114 was renumbered section 2118 of this title.

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(7), substituted "Archivist"

for "Administrator of General Services".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2115 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2115. Reports; correction of violations

-STATUTE-

(a) In carrying out their respective duties and responsibilities

under chapters 21, 25, 29, 31, and 33 of this title, the Archivist

and the Administrator may each obtain reports from any Federal

agency on such agency's activities under such chapters.

(b) When either the Archivist or the Administrator finds that a

provision of any such chapter has been or is being violated, the

Archivist or the Administrator shall (1) inform in writing the head

of the agency concerned of the violation and make recommendations

for its correction; and (2) unless satisfactory corrective measures

are inaugurated within a reasonable time, submit a written report

of the matter to the President and the Congress.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1290, Sec. 2111; Pub. L.

94-575, Sec. 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered Sec.

2115 and amended Pub. L. 98-497, title I, Secs. 102(a)(1),

107(a)(8), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 398 (June 30, 1949, ch.

288, title V, Sec. 508, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(8), amended section generally,

inserting reference to Archivist and striking out reference to

chapter 27 of this title.

1976 - Subsec. (b). Pub. L. 94-575 inserted reference to chapter

33 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2116 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2116. Legal status of reproductions; official seal; fees for

copies and reproductions

-STATUTE-

(a) When records that are required by statute to be retained

indefinitely have been reproduced by photographic,

microphotographic, or other processes, in accordance with standards

established by the Archivist the indefinite retention by the

photographic, microphotographic, or other reproductions constitutes

compliance with the statutory requirement for the indefinite

retention of the original records. The reproductions, as well as

reproductions made under regulations to carry out chapter 21, 29,

31, and 33 of this title, shall have the same legal status as the

originals.

(b) There shall be an official seal for the National Archives of

the United States which shall be judicially noticed. When a copy or

reproduction, furnished under this section, is authenticated by the

official seal and certified by the Archivist, the copy or

reproduction shall be admitted in evidence equally with the

original from which it was made.

(c) The Archivist may charge a fee set to recover the costs for

making or authenticating copies or reproductions of materials

transferred to his custody. Such fee shall be fixed by the

Archivist at a level which will recover, so far as practicable, all

elements of such costs, and may, in the Archivist's discretion,

include increments for the estimated replacement cost of equipment.

Such fees shall be paid into, administered, and expended as a part

of the National Archives Trust Fund. The Archivist may not charge

for making or authenticating copies or reproductions of materials

for official use by the United States Government unless

appropriations available to the Archivist for this purpose are

insufficient to cover the cost of performing the work.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2112; Pub. L.

94-575, Sec. 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered Sec.

2116 and amended Pub. L. 98-497, title I, Secs. 102(a)(1),

107(a)(9), title II, Sec. 201, Oct. 19, 1984, 98 Stat. 2280, 2286,

2292.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 399 (June 30, 1949, ch.

288, title V, Sec. 509, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583).

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-497, Sec. 107(a)(9)(A),

substituted "Archivist" for "Administrator of General Services".

Subsec. (b). Pub. L. 98-497, Sec. 107(a)(9)(B), substituted

"Archivist" for "Administrator".

Subsec. (c). Pub. L. 98-497, Sec. 201, substituted provisions

transferring functions from Administrator of General Services to

Archivist of the United States, further substituted provisions

relating to permissible fee charges for former provisions which set

a fee not in excess of 10 percent above costs and expenses for

making copies, inserted "unless appropriations available to the

Archivist for this purpose are insufficient to cover the cost of

performing the work", and struck out provision that reimbursement

may be accepted to cover cost of furnishing copies or reproductions

that could not otherwise be furnished.

1976 - Subsec. (a). Pub. L. 94-575 inserted reference to chapter

33 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title; title

22 section 1461; title 25 section 199a.

-End-

-CITE-

44 USC Sec. 2117 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2117. Limitation on liability

-STATUTE-

When letters and other intellectual productions (exclusive of

patented material, published works under copyright protection, and

unpublished works for which copyright registration has been made)

come into the custody or possession of the Archivist, the United

States or its agents are not liable for infringement of copyright

or analogous rights arising out of use of the materials for

display, inspection, research, reproduction, or other purposes.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2113; Pub. L.

94-553, Sec. 105(b), Oct. 19, 1976, 90 Stat. 2599; renumbered Sec.

2117 and amended Pub. L. 98-497, title I, Secs. 102(a)(1),

107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 400 (June 30, 1949, ch.

288, title V, Sec. 510, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(7), substituted "Archivist"

for "Administrator of General Services".

1976 - Pub. L. 94-553 substituted "productions (exclusive of

patented material, published works under copyright protection, and

unpublished works for which copyright registration has been made)

come into the custody or possession of the Administrator of General

Services, the United States or its agents are not liable for

infringement of copyright or analogous rights" for "productions,

exclusive of material copyrighted or patented, come into the

custody or possession of the Administrator of General Services, the

United States or its agents are not liable for infringement of

literary property rights or analogous rights".

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.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section

102 of Pub. L. 94-553, set out as an Effective Date note preceding

section 101 of Title 17, Copyrights.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2118 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 21 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

-HEAD-

Sec. 2118. Records of Congress

-STATUTE-

The Secretary of the Senate and the Clerk of the House of

Representatives, acting jointly, shall obtain at the close of each

Congress all the noncurrent records of the Congress and of each

congressional committee and transfer them to the National Archives

and Records Administration for preservation, subject to the orders

of the Senate or the House of Representatives, respectively.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2114;

renumbered Sec. 2118 and amended Pub. L. 98-497, title I, Secs.

102(a)(1), 107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 402 (Aug. 2, 1946, ch. 753,

title I, Sec. 140, 60 Stat. 833).

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(a)(10)), substituted "National

Archives and Records Administration" for "General Services

Administration".

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-