Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_name: "PUBLIC PRINTING AND DOCUMENTS"
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chapter_name: "NATIONAL ARCHIVES AND RECORDS ADMINISTRATION"
section: "2101"
citation: "44 U.S.C. § 2101"
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# 44 U.S.C. § 2101 - Definitions
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98497, title I, § 102(b), Oct. 19, 1984, 98 Stat. 2282; Pub. L. 99323, § 2, May 27, 1986, 100 Stat. 495.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(j) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended July 12, 1962, ch. 703, § 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, § 4, 70 Stat. 494; June 13, 1957, Pub. L. 8551, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85341, § 1(1), 72 Stat. 34).
Editorial Notes
Amendments1986—Par. (1). Pub. L. 99323 inserted “, and may include research facilities and museum facilities in accordance with this chapter” after “or personal life”. 1984—Pub. L. 98497 substituted “this chapter” for “sections 21032113 of this title”, designated two existing paragraphs as pars. (1) and (2), respectively, and added pars. (3) and (4).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
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# 44 U.S.C. § 2102 - Establishment
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1287; Pub. L. 98497, title I, § 101, Oct. 19, 1984, 98 Stat. 2280.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 391(a) (June 30, 1949, ch. 288, title I, § 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.
Editorial Notes
Amendments1984—Pub. L. 98497 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentPub. L. 98497, title III, § 301, Oct. 19, 1984, 98 Stat. 2295, 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 ProvisionPub. L. 98497, title I, § 105, Oct. 19, 1984, 98 Stat. 2284, 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. 98497] 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. 98497] 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. 98497] 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. 98497] 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. 98497] 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. 98497] 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.”
Transfer of Functions, Personnel, Assets, Liabilities, Contracts, Property, Records, and Unexpended Balances, Etc. Sections 103, 104 of Pub. L. 98497 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 [May 10], 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 89169, 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 89547, 80 Stat. 370) [set out as a note under section 2112 of this title] and the Act of May 26, 1977 (Public Law 9534, 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. 98497] 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. 98497], 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 (§§ 101108) of Pub. L. 98497] 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.”
Annual Capital Needs Assessment for Funding of Repairs and RestorationPub. L. 1118, div. D, title V, Mar. 11, 2009, 123 Stat. 668, provided that: “Hereafter, the National Archives and Records Administration shall include in its annual budget submission a comprehensive capital needs assessment for funding provided under the Repairs and Restoration appropriations account to be updated yearly: Provided, That funds proposed under the Repairs and Restoration appropriations account for each fiscal year shall be allocated to projects on a priority basis established under a comprehensive capital needs assessment.”
Establishment of Positions of Director of the Center for Legislative Archives and Specialist in Congressional HistoryPub. L. 101509, title IV, § 1(a)(c), Nov. 5, 1990, 104 Stat. 1416, 1417, as amended by Pub. L. 103329, title V, § 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 GS15, 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 LawsPub. L. 98497, title I, § 106, Oct. 19, 1984, 98 Stat. 2285, provided that: “With respect to any functions transferred by this Act [Pub. L. 98497] 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 AuthorityPub. L. 98497, title III, § 302, Oct. 19, 1984, 98 Stat. 2295, 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.”
Definitions Pub. L. 98497, title I, § 108, Oct. 19, 1984, 98 Stat. 2292, 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.”
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# 44 U.S.C. § 2103 - Officers
## Text
(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).
(Added Pub. L. 98497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2280.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2103 was renumbered section 2107 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title.
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# 44 U.S.C. § 2104 - Administrative provisions
## Text
(a) The Archivist shall prescribe such regulations as the Archivist deems necessary to effectuate the functions of the Archivist, and the head of each executive agency shall cause to be issued such orders and directives as such agency head deems necessary to carry out such regulations.
(b) Except as otherwise expressly provided by law, the Archivist may delegate any of the functions of the Archivist to such officers and employees of the Administration as the Archivist may designate, and may authorize such successive redelegations of such functions as the Archivist may deem to be necessary or appropriate. A delegation of functions by the Archivist shall not relieve the Archivist of responsibility for the administration of such functions.
(c) The Archivist may organize the Administration as the Archivist finds necessary or appropriate.
(d) The Archivist is authorized to establish, maintain, alter, or discontinue such regional, local, or other field offices as the Archivist finds necessary or appropriate to perform the functions of the Archivist or the Administration.
(e) The Archivist shall cause a seal of office to be made for the Administration of such design as the Archivist shall approve. Judicial notice shall be taken of such seal.
(f) The Archivist may establish advisory committees to provide advice with respect to any function of the Archivist or the Administration. Members of any such committee shall serve without compensation but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5.
(g) The Archivist shall advise and consult with interested Federal agencies with a view to obtaining their advice and assistance in carrying out the purposes of this chapter.
(h) If authorized by the Archivist, officers and employees of the Administration having investigatory functions are empowered, while engaged in the performance of their duties in conducting investigations, to administer oaths.
(Added Pub. L. 98497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2281.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2104 was renumbered section 2108 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title.
Executive Documents
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.
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# 44 U.S.C. § 2105 - Personnel and services
## Text
(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,11 See References in Text note below. 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.
(Added Pub. L. 98497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2281; amended Pub. L. 10767, title VI, § 649, Nov. 12, 2001, 115 Stat. 556.)
## Notes
Editorial Notes
References in TextParagraph (f)(2) of section 2203 of this title, referred to in subsec. (a)(2), was redesignated (g)(2) of section 2203 of this title by Pub. L. 113187, § 2(c)(3), Nov. 26, 2014, 128 Stat. 2006.
Prior ProvisionsA prior section 2105 was renumbered section 2109 of this title.
Amendments2001—Subsec. (a). Pub. L. 10767 amended subsec. (a) generally, designating existing provisions as par. (1) and adding par. (2).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title.
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# 44 U.S.C. § 2106 - Reports to Congress
## Text
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.
(Added Pub. L. 98497, title I, § 102(a)(2), Oct. 19, 1984, 98 Stat. 2282.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2106 was renumbered section 2110 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title.
Termination of Reporting RequirementsFor 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. 10466, 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. 1037.
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# 44 U.S.C. § 2108 - Responsibility for custody, use, and withdrawal of records
## Text
(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,,11 So in original. 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 agencys 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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1288, § 2104; Pub. L. 95416, § 1(b), Oct. 5, 1978, 92 Stat. 915; renumbered § 2108 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(2), Oct. 19, 1984, 98 Stat. 2280, 2285.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(b) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Editorial Notes
References in TextSection 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, § 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, § 7(d), 64 Stat. 590.
Prior ProvisionsA prior section 2108 was renumbered section 2112 of this title.
Amendments1984—Subsec. (a). Pub. L. 98497, § 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. 98497, § 107(a)(2)(D), substituted “Archivist” for “Administrator of General Services”. 1978—Pub. L. 95416 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
Procedures To Prevent Unauthorized Removal of Classified Records From National ArchivesPub. L. 113187, § 6, Nov. 26, 2014, 128 Stat. 2010, provided that: “(a) Classified Records.—Not later than 90 days after the date of the enactment of this Act [Nov. 26, 2014], the Archivist shall prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records, including when such records are accessed or searched electronically. Such procedures shall include, at a minimum, the following prohibitions:“(1) An individual, other than covered personnel, may not view classified records in any room that is not secure, except in the presence of National Archives and Records Administration personnel or under video surveillance. “(2) An individual, other than covered personnel, may not be left alone with classified records, unless that individual is under video surveillance. “(3) An individual, other than covered personnel, may not review classified records while possessing any cellular phone, electronic personal communication device, or any other devices capable of photographing, recording, or transferring images or content. “(4) An individual seeking access to review classified records, as a precondition to such access, must consent to a search of their belongings upon conclusion of their records review. “(5) All notes and other writings prepared by an individual, other than covered personnel, during the course of a review of classified records shall be retained by the National Archives and Records Administration in a secure facility until such notes and other writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility. “(b) Definitions.—In this section:“(1) Covered personnel.—The term covered personnel means any individual—“(A) who has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and “(B) who is either—“(i) an officer or employee of the United States Government with appropriate security clearances; or “(ii) any personnel with appropriate security clearances of a Federal contractor authorized in writing to act for purposes of this section by an officer or employee of the United States Government. “(2) Records.—The term records has the meaning given that term under section 3301 of title 44, United States Code.”
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# 44 U.S.C. § 2109 - Preservation, arrangement, duplication, exhibition of records
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1288, § 2105; renumbered § 2109 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(3), Oct. 19, 1984, 98 Stat. 2280, 2285.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(c) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; July 12, 1952, ch. 703, § 1(o), 66 Stat. 594).
Editorial Notes
Prior ProvisionsA prior section 2109 was renumbered section 2113 of this title.
Amendments1984—Pub. L. 98497, § 107(a)(3), substituted “Archivist” for “Administrator of General Services” and inserted “and Records” after “National Historical Publications”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
Executive Documents
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.
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# 44 U.S.C. § 2110 - Servicing records
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1288, § 2106; renumbered § 2110 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(4), Oct. 19, 1984, 98 Stat. 2280, 2286.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(d) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Editorial Notes
Prior ProvisionsA prior section 2110 was renumbered section 2114 of this title.
Amendments1984—Pub. L. 98497, § 107(a)(4), substituted “Archivist” for “Administrator of General Services”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
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# 44 U.S.C. § 2112 - Presidential archival depository
## Text
(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, or for the occasional, non-official use of rooms and spaces (and services related to such use), 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.
(5) (A) Notwithstanding paragraphs (3) and (4) (to the extent that such paragraphs are inconsistent with this paragraph), this subsection shall be administered in accordance with this paragraph with respect to any Presidential archival depository created as a depository for the papers, documents, and other historical materials and Presidential records pertaining to any President who takes the oath of office as President for the first time on or after July 1, 2002.
(B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and (B)(ii)(II) of paragraph (3) the percentage of 60 percent shall apply instead of 20 percent.
(C) (i) In this subparagraph, the term “base endowment amount” means the amount of the endowment required under paragraph (3).
(ii) (I) The Archivist may give credits against the base endowment amount if the Archivist determines that the proposed Presidential archival depository will have construction features or equipment that are expected to result in quantifiable long-term savings to the Government with respect to the cost of facility operations.
(II) The features and equipment described under subclause (I) shall comply with the standards promulgated by the Archivist under subsection (a)(2).
(III) The Archivist shall promulgate standards to be used in calculating the dollar amount of any credit to be given, and shall consult with all donors of the endowment before giving any credits. The total dollar amount of credits given under this paragraph may not exceed 20 percent of the base endowment amount.
(D) (i) In calculating the additional endowment amount required under paragraph (4), the Archivist shall take into account credits given under subparagraph (C), and may also give credits against the additional endowment amount required under paragraph (4), if the Archivist determines that construction features or equipment used in making or equipping the physical or material change or addition are expected to result in quantifiable long-term savings to the Government with respect to the cost of facility operations.
(ii) The features and equipment described under clause (i) shall comply with the standards promulgated by the Archivist under subsection (a)(2).
(iii) The Archivist shall promulgate standards to be used in calculating the dollar amount of any credit to be given, and shall consult with all donors of the endowment before giving any credits. The total dollar amount of credits given under this paragraph may not exceed 20 percent of the additional endowment amount required under paragraph (4).
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1289, § 2108; Pub. L. 94575, § 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95591, § 2(b)(3), Nov. 4, 1978, 92 Stat. 2528; renumbered § 2112 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 99323, § 3, May 27, 1986, 100 Stat. 495; Pub. L. 1087, div. J, title V, § 513, Feb. 20, 2003, 117 Stat. 462; Pub. L. 108383, § 4(a), Oct. 30, 2004, 118 Stat. 2218; Pub. L. 110404, § 6(b), Oct. 13, 2008, 122 Stat. 4285.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(f) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, § 1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695).
Editorial Notes
Prior ProvisionsA prior section 2112 was renumbered section 2116 of this title.
Amendments2008—Subsec. (g)(5)(B). Pub. L. 110404 substituted “60” for “40”. 2004—Subsec. (e). Pub. L. 108383 substituted “space, or for the occasional, non-official use of rooms and spaces (and services related to such use),” for “space”. 2003—Subsec. (g)(5). Pub. L. 1087 added par. (5). 1986—Subsec. (a). Pub. L. 99323, § 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. 99323, § 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. 98497, § 107(a)(6), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing. Subsecs. (b), (c). Pub. L. 98497, § 107(a)(6), substituted “Archivist” for “Administrator” and “section 2111” for “section 2107” wherever appearing. Subsecs. (d) to (g). Pub. L. 98497, § 107(a)(6), substituted “Archivist” for “Administrator” wherever appearing. 1978—Subsec. (c). Pub. L. 95591 limited application of subsec. (c) when dealing with Presidential records. 1976—Subsecs. (b), (c). Pub. L. 94575 substituted reference to section “2107” for “3106”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentSection 4 of Pub. L. 99323 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 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95591 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. 95591, set out as an Effective Date note under section 2201 of this title.
Capital Improvement Plan for Presidential Archival DepositoriesPub. L. 110404, § 6(a), Oct. 13, 2008, 122 Stat. 4284, provided that: “(1) Provision of plan.—The Archivist of the United States shall provide to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a 10-year capital improvement plan, in accordance with paragraph (2), for all Presidential archival depositories (as defined in section 2101 of title 44, United States Code), which shall include—“(A) a prioritization of all capital projects at Presidential archival depositories that cost more than $1,000,000; “(B) the current estimate of the cost of each capital project; and “(C) the basis upon which each cost estimate was developed. “(2) Provided to congress.—The capital improvement plan shall be provided to the committees, as described in paragraph (1), at the same time as the first Budget of the United States Government after the date of enactment of this Act [Oct. 13, 2008] is submitted to Congress. “(3) Annual updates and explanation of changes in cost estimates.—The Archivist of the United States shall provide to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives—“(A) annual updates to the capital improvement plan described in paragraph (1) at the same time as each subsequent Budget of the United States Government is submitted to Congress; and “(B) an explanation for any changes in cost estimates.”
John Fitzgerald Kennedy LibraryPub. L. 89547, 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. 89547 to the Archivist of the United States, see section 103(b)(2) of Pub. L. 98497, set out as a Transfer of Functions note under section 2102 of this title.]
Lyndon Baines Johnson Presidential Archival DepositoryPub. L. 89169, 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. 89169 to the Archivist of the United States, see section 103(b)(2) of Pub. L. 98497, set out as a Transfer of Functions note under section 2102 of this title.]
@@ -0,0 +1,49 @@
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# 44 U.S.C. § 2113 - Depository for agreements between States
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1290, § 2109; renumbered § 2113 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(h) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended July 12, 1952, ch. 703, § 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, § 4, 70 Stat. 494; June 13, 1957, Pub. L. 8551, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85341, § 1(1), 72 Stat. 34).
Editorial Notes
Prior ProvisionsA prior section 2113 was renumbered section 2117 of this title.
Amendments1984—Pub. L. 98497, § 107(a)(7), substituted “Archivist” for “Administrator of General Services”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
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# 44 U.S.C. § 2114 - Preservation of audio and visual records
## Text
The Archivist may make and preserve audio and visual records, including motion-picture films, still photographs, and sound recordings, in analog, digital, or any other form, 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 photographs, and sound recordings in the Archivists custody.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1290, § 2110; renumbered § 2114 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113187, § 3(c)(1), Nov. 26, 2014, 128 Stat. 2008.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(i) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, § 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, § 4, 70 Stat. 494; June 13, 1957, Pub. L. 8551, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85341, § 1(1), 72 Stat. 34).
Editorial Notes
Prior ProvisionsA prior section 2114 was renumbered section 2118 of this title.
Amendments2014—Pub. L. 113187 amended section generally. Prior to amendment section related to preservation of motion-picture films, still pictures, and sound recordings. 1984—Pub. L. 98497, § 107(a)(7), substituted “Archivist” for “Administrator of General Services”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
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# 44 U.S.C. § 2115 - Reports; correction of violations
## Text
(a) In carrying out the duties and responsibilities under chapters 21, 25, 29, 31, and 33 of this title, the Archivist may obtain reports from any Federal agency on such agencys activities under such chapters.
(b) When the Archivist finds that a provision of any such chapter has been or is being violated, the Archivist 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 demonstrably commenced within a reasonable time, submit a written report of the matter to the President and the Congress.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1290, § 2111; Pub. L. 94575, § 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered § 2115 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(8), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113187, § 9(e), Nov. 26, 2014, 128 Stat. 2014.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 398 (June 30, 1949, ch. 288, title V, § 508, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Editorial Notes
Amendments2014—Subsec. (a). Pub. L. 113187, § 9(e)(1), substituted “the duties” for “their respective duties” and struck out “and the Administrator” after “the Archivist” and “each” before “obtain reports”. Subsec. (b). Pub. L. 113187, § 9(e)(2), struck out “either” after “When”, struck out “or the Administrator” after “the Archivist” in two places, and substituted “demonstrably commenced” for “inaugurated”. 1984—Pub. L. 98497, § 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. 94575 inserted reference to chapter 33 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
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# 44 U.S.C. § 2116 - Legal status of reproductions; official seal; fees for copies and reproductions
## Text
(a) When records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, digital, or other processes, in accordance with standards established by the Archivist the indefinite retention by the photographic, microphotographic, digital, 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 the Archivists 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 Archivists 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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1291, § 2112; Pub. L. 94575, § 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered § 2116 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(9), title II, § 201, Oct. 19, 1984, 98 Stat. 2280, 2286, 2292; Pub. L. 113187, §§ 3(d), 8(1), Nov. 26, 2014, 128 Stat. 2008, 2011.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 399 (June 30, 1949, ch. 288, title V, § 509, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Editorial Notes
Amendments2014—Subsec. (a). Pub. L. 113187, § 3(d), inserted “digital,” after “microphotographic,” in two places. Subsec. (c). Pub. L. 113187, § 8(1), substituted “the Archivists custody” for “his custody”. 1984—Subsec. (a). Pub. L. 98497, § 107(a)(9)(A), substituted “Archivist” for “Administrator of General Services”. Subsec. (b). Pub. L. 98497, § 107(a)(9)(B), substituted “Archivist” for “Administrator”. Subsec. (c). Pub. L. 98497, § 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. 94575 inserted reference to chapter 33 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
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# 44 U.S.C. § 2117 - Limitation on liability
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1291, § 2113; Pub. L. 94553, § 105(b), Oct. 19, 1976, 90 Stat. 2599; renumbered § 2117 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 400 (June 30, 1949, ch. 288, title V, § 510, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Editorial Notes
Amendments1984—Pub. L. 98497, § 107(a)(7), substituted “Archivist” for “Administrator of General Services”. 1976—Pub. L. 94553 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94553 effective Jan. 1, 1978, see section 102 of Pub. L. 94553, set out as an Effective Date note preceding section 101 of Title 17, Copyrights.
@@ -0,0 +1,47 @@
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type: "LegalText"
title: "44 U.S.C. § 2118"
description: "Records of Congress"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 44
title_name: "PUBLIC PRINTING AND DOCUMENTS"
chapter_number: "21"
chapter_name: "NATIONAL ARCHIVES AND RECORDS ADMINISTRATION"
section: "2118"
citation: "44 U.S.C. § 2118"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc44@119-100.zip"
source_identifier: "/us/usc/t44/s2118"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 44 U.S.C. § 2118 - Records of Congress
## Text
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.
(Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1291, § 2114; renumbered § 2118 and amended Pub. L. 98497, title I, §§ 102(a)(1), 107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)
## Notes
Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 402 (Aug. 2, 1946, ch. 753, title I, § 140, 60 Stat. 833).
Editorial Notes
Amendments1984—Pub. L. 98497, § 107(a)(10)), substituted “National Archives and Records Administration” for “General Services Administration”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98497 effective Apr. 1, 1985, see section 301 of Pub. L. 98497, set out as a note under section 2102 of this title.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "44 U.S.C. § 2119"
description: "Cooperative agreements"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 44
title_name: "PUBLIC PRINTING AND DOCUMENTS"
chapter_number: "21"
chapter_name: "NATIONAL ARCHIVES AND RECORDS ADMINISTRATION"
section: "2119"
citation: "44 U.S.C. § 2119"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc44@119-100.zip"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 44 U.S.C. § 2119 - Cooperative agreements
## Text
(a) Authority.— The Archivist may enter into cooperative agreements pursuant to section 6305 of title 31 that involve the transfer of funds from the National Archives and Records Administration to State and local governments, other public entities, educational institutions, or private nonprofit organizations (including foundations or institutes organized to support the National Archives and Records Administration or the Presidential archival depositories operated by it) for the public purpose of carrying out programs of the National Archives and Records Administration.
(b) Limitations.— Not more than $25,000 may be transferred under a cooperative agreement entered into as authorized by subsection (a). Not more than a total of $75,000 may be transferred under such agreements in any fiscal year.
(c) Report.— Not later than December 31st of each year, the Archivist shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the provisions, amount, and duration of each cooperative agreement entered into as authorized by subsection (a) during the preceding fiscal year.
(Added Pub. L. 108383, § 5(a), Oct. 30, 2004, 118 Stat. 2219.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
@@ -0,0 +1,55 @@
---
type: "LegalText"
title: "44 U.S.C. § 2120"
description: "Online access of founding fathers documents"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 44
title_name: "PUBLIC PRINTING AND DOCUMENTS"
chapter_number: "21"
chapter_name: "NATIONAL ARCHIVES AND RECORDS ADMINISTRATION"
section: "2120"
citation: "44 U.S.C. § 2120"
status: "current"
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release_date: "2026-06-26"
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---
# 44 U.S.C. § 2120 - Online access of founding fathers documents
## Text
The Archivist may enter into a cooperative agreement to provide online access to the published volumes of the papers of—
(1) George Washington;
(2) Alexander Hamilton;
(3) Thomas Jefferson;
(4) Benjamin Franklin;
(5) John Adams;
(6) James Madison; and
(7) other prominent historical figures, as determined appropriate by the Archivist of the United States.
(Added Pub. L. 110404, § 4(a), Oct. 13, 2008, 122 Stat. 4283.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of FundsPub. L. 110404, § 4(b), Oct. 13, 2008, 122 Stat. 4283, provided that: “(1) In general.—The Archivist of the United States, in the role as chairman of the National Historical Publications and Records Commission may enter into cooperative agreements pursuant to section 6305 of title 31, United States Code, that involve the transfer of funds from the National Historical Publications and Records Commission to State and local governments, tribal governments, other public entities, educational institutions, or private nonprofit organizations for the public purpose of carrying out section 2120 of title 44, United States Codes [sic]. “(2) Report.—Not later than December 31st of each year, the Archivist of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives a report on the provisions, amount, and duration of each cooperative agreement entered into as authorized by paragraph (1) during the preceding fiscal year.”