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44 U.S.C. § 2108 — Responsibility for custody, use, and withdrawal of records
Federal law — U.S. Code and appendices · legal_authorities
**(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 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
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Source file: Laws/federal/codes/united-states-code/title-44/section-2108-responsibility-for-custody-use-and-withdrawal-of-records--de5131fbf2.md
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Source location: Title 44, Chapter 21, § 2108; chapter-021-national-archives-and-records-administration.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Records Defined.—**
(1) **In general.—** — As used in this chapter, the term “records”—
(A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and
(B) does not include—
(i) library and museum material made or acquired and preserved solely for reference or exhibition purposes; or
(ii) duplicate copies of records preserved only for convenience.
(2) **Recorded information defined.—** — For purposes of paragraph (1), the term “recorded information” includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form.
**(b) Determination of Definition.—** The Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2111&num=0&edition=prelim) and (B) contain adequate research facilities.
(3) Prior to accepting and taking title to any land, facility, or equipmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2102
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim).
**(g)** The Archivist shall advise and consult with interested Federal agencies
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Title 44, United States Code.—** This subchapter does not diminish the authority under section 3510 of the Director to direct, and of an agency to make, disclosures that are not inconsistent with any applicable law.
**(b) Title 13 and Title 44, United States Code.—** This subchapter does not diminish the authority of the Bureau of the Census to provide information in accordance with sections 8, 16, 301, and 401 of title 13 and [section 2108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2108&num=0&edition=prelim).
**(c) Title 13, United States Code.—** This subchapter shall not be construed as authorizing the disclosure for nonstatistical purposes of demographic data or information collected by the Bureau of the Census pursuant to [section 9 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim).
**(d) Various Energy Statutes.—** Data or information acquired by the Energy Information Administration under a pledge of confidentiality and designated by the Energy Information Administration to be used for exclusively statistical purposes shall not be disclosed in identifiable form for nonstatistical purposes under—
(1) section 12, 20, or 59 of the Federal Energy Administration Act of 1974 ([15 U.S.C. 771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section771&num=0&edition=prelim), 779, 790h);
(2) section 11 of the Energy Supply and Environmental Coordination Act of 1974 ([15 U.S.C. 796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim)); or
(3) section 205 or 407 of the Department of Energy Organization Act ([42 U.S.C. 7135](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3564
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Federal law — U.S. Code and appendices · legal_authorities
Page 93
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 2108
tion dissipates. Each Transparency Plan details the
event-based or circumstance-based conditions that will
trigger the public disclosure of currently postponed in-
formation by the National Declassification Center
(NDC) at NARA. These Transparency Plans have been
reviewed by NARA, and the Acting Archivist has ad-
vised that use of the Transparency Plans by the NDC
will ensure appropriate continued release of informa-
tion covered by the Act. Accordingly, I direct that the
Transparency Plans submitted by agencies be used by
the NDC to conduct future reviews of any information
that has been postponed from public disclosure, includ-
ing information in the records described in sections 2(c)
and 3 of this memorandum.
SEC. 8. Publication. The Acting Archivist is hereby au-
thorized and directed to publish this memorandum in
the Federal Register.
J.R. BIDEN, JR.
CERTIFICATION REGARDING DISCLOSURE OF INFORMATION
IN CERTAIN RECORDS RELATED TO THE ASSASSINATION
OF PRESIDENT JOHN F. KENNEDY
Memorandum of President of the United States, June
30, 2023, 88 F.R. 43247, provided:
Memorandum for the Heads of Executive Depart-
ments and Agencies
SECTION 1. Policy. In the three decades since the
President John F. Kennedy Assassination Records Col-
lection Act of 1992 [Pub. L. 102–526] (44 U.S.C. 2107 note)
(the ‘‘Act’’) was enacted, the United States Govern-
ment has undertaken a comprehensive review of its
records and has strived to make available to the public
thousands of classified documents that provide a fuller
understanding of the tragic assassination of President
John F. Kennedy. As I have reiterated throughout my
Presidency, I fully support the Act’s aim to maximize
transparency by disclosing all inf
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 2108
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