44 U.S.C. § 2111 — Material accepted for deposit

Page 96 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2110 § 2110. Servicing records The Archivist shall provide and maintain fa- cilities he considers necessary or desirable for servicing records in his custody that are not ex- empt from examination by statutory or other restrictions. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, § 2106; renumbered § 2110 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(4), Oct. 19, 1984, 98 Stat. 2280, 2286.) HISTORICAL AND REVISION NOTES Based 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 PROVISIONS A prior section 2110 was renumbered section 2114 of this title. AMENDMENTS 1984—Pub. L. 98–497, § 107(a)(4), substituted ‘‘Archi- vist’’ for ‘‘Administrator of General Services’’. Pub. L. 98–497, § 102(a)(1), renumbered section 2106 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title. § 2111. Material accepted for deposit (a) IN GENERAL.—When the Archivist considers it to be in the public interest the Archivist may accept for deposit— (1) the papers and other historical materials of a President or former President of the United States, or other official or former offi- cial of the Government, and other papers re- lating to and contemporary with a President or former President of the United States, sub- ject to restrictions agreeable to the Archivist as to their use; and (2) recorded information (as such term is de- fined in section 3301(a)(2) of this title) from private sources that are appropriate for pres- ervation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions. (b) EXCEPTION.—This section shall not apply in the case of any Presidential records which are subject to the provisions of chapter 22 of this title. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, § 2107; Pub. L. 95–591, § 2(b)(2), Nov. 4, 1978, 92 Stat. 2528; renumbered § 2111 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(5), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113–187, § 3(b), Nov. 26, 2014, 128 Stat. 2008.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code 1964 ed., § 397(e) (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(p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695). Editorial Notes PRIOR PROVISIONS A prior section 2111 was renumbered section 2115 of this title. AMENDMENTS 2014—Pub. L. 113–187 amended section generally, sub- stituting subsecs. (a) and (b) for similar provisions con- tained in pars. (1) and (2) and concluding provisions. 1984—Pub. L. 98–497, § 107(a)(5), substituted ‘‘Archi- vist’’ for ‘‘Administrator of General Services’’ in provi- sions preceding par. (1), and substituted ‘‘Archivist’’ for ‘‘Administrator’’ in par. (1). Pub. L. 98–497, § 102(a)(1), renumbered section 2107 of this title as this section. 1978—Pub. L. 95–591 inserted provision excluding Pres- idential records which are subject to provisions of chapter 22 of this title from application of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–591 effective with respect to Presidential records created during a term of office of President beginning on or after Jan. 20, 1981, see sec- tion 3 of Pub. L. 95–591, set out as an Effective Date note under section 2201 of this title. PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT Pub. L. 93–526, title I, §§ 101–106, Dec. 19, 1974, 88 Stat. 1695–1698, as amended by Pub. L. 98–497, title I, § 107(c), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 108–199, div. F, title V, § 543(a), Jan. 23, 2004, 118 Stat. 346, provided: ‘‘That this Act [enacting this note, former sections 3315 to 3324 of this title, and provisions set out as a note under former section 3315 of this title] may be cited as the ‘Presidential Recordings and Materials Preservation Act’. ‘‘TITLE I—PRESERVATION OF PRESIDENTIAL RECORDINGS AND MATERIALS ‘‘DELIVERY AND RETENTION OF CERTAIN PRESIDENTIAL MATERIALS ‘‘SEC. 101. (a) Notwithstanding any other law or any agreement or understanding made pursuant to section 2111 of title 44, United States Code any Federal em- ployee in possession shall deliver, and the Archivist of the United States (hereinafter referred to as the ‘Archi- vist’) shall receive, obtain, or retain, complete posses- sion and control of all original tape recordings of con- versations which were recorded or caused to be re- corded by any officer or employee of the Federal Gov- ernment and which— ‘‘(1) involve former President Richard M. Nixon or other individuals who, at the time of the conversa- tion, were employed by the Federal Government; ‘‘(2) were recorded in the White House or in the of- fice of the President in the Executive Office Buildings located in Washington, District of Columbia; Camp David, Maryland; Key Biscayne, Florida; or San Clemente, California; and ‘‘(3) were recorded during the period beginning Jan- uary 20, 1969, and ending August 9, 1974. ‘‘(b)(1) Notwithstanding any other law or any agree- ment or understanding made pursuant to section 2111 of title 44, United States Code, the Archivist shall receive, retain, or make reasonable efforts to obtain, complete possession and control of all papers, documents, memo- randums, transcripts, and other objects and materials which constitute the Presidential historical materials Page 97 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2111 of Richard M. Nixon, covering the period beginning January 20, 1969, and ending August 9, 1974. ‘‘(2) For purposes of this subsection, the term ‘histor- ical materials’ has the meaning given it by section 2101 of title 44, United States Code. ‘‘AVAILABILITY OF CERTAIN PRESIDENTIAL MATERIALS ‘‘SEC. 102. (a) None of the tape recordings or other materials referred to in section 101 shall be destroyed, except as hereafter may be provided by law. ‘‘(b) Notwithstanding any other provision of this title, any other law, or any agreement or under- standing made pursuant to section 2111 of title 44, United States Code, the tape recordings and other ma- terials referred to in section 101 shall, immediately upon the date of enactment of this title, be made avail- able, subject to any rights, defenses, or privileges which the Federal Government or any person may in- voke, for use in any judicial proceeding or otherwise subject to court subpena or other legal process. Any re- quest by the Office of Watergate Special Prosecution Force, whether by court subpena or other lawful proc- ess, for access to such recordings or materials shall at all times have priority over any other request for such recordings or materials. ‘‘(c) Richard M. Nixon, or any person whom he may designate in writing, shall at all times have access to the tape recordings and other materials referred to in section 101 for any purpose which is consistent with the provisions of this title, subsequent and subject to the regulations which the Archivist shall issue pursuant to section 103. ‘‘(d) Any agency or department in the executive branch of the Federal Government shall at all times have access to the tape recordings and other materials referred to in section 101 for lawful Government use, subject to the regulations which the Archivist shall issue pursuant to section 103. ‘‘REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER MATERIALS ‘‘SEC. 103. The Archivist shall issue at the earliest possible date such regulations as may be necessary to assure the protection of the tape recordings and other materials referred to in section 101 from loss or de- struction, and to prevent access to such recordings and materials by unauthorized persons. The Archivist may transfer such recordings and materials to a Presi- dential archival depository in accordance with section 2112 of title 44, United States Code. ‘‘REGULATIONS RELATING TO PUBLIC ACCESS ‘‘SEC. 104. (a) The Archivist shall, within ninety days after the date of enactment of this title [Dec. 19, 1974], submit to each House of the Congress a report pro- posing and explaining regulations that would provide public access to the tape recordings and other mate- rials referred to in section 101. Such regulations shall take into account the following factors: ‘‘(1) the need to provide the public with the full truth, at the earliest reasonable date, of the abuses of governmental power popularly identified under the generic term ‘Watergate’; ‘‘(2) the need to make such recordings and mate- rials available for use in judicial proceedings; ‘‘(3) the need to prevent general access, except in accordance with appropriate procedures established for use in judicial proceedings to information relat- ing to the Nation’s security; ‘‘(4) the need to protect every individual’s right to a fair and impartial trial; ‘‘(5) the need to protect any party’s opportunity to assert any legally or constitutionally based right or privilege which would prevent or otherwise limit ac- cess to such recordings and materials; ‘‘(6) the need to provide public access to those ma- terials which have general historical significance, and which are not likely to be related to the need de- scribed in paragraph (1); and ‘‘(7) the need to give to Richard M. Nixon, or his heirs, for his sole custody and use, tape recordings and other materials which are not likely to be related to the need described in paragraph (1) and are not otherwise of general historical significance. ‘‘(b) The regulations proposed by the Archivist in the report required by subsection (a) shall not take effect until the expiration of the first period of 60 calendar days of continuous session of the Congress after the date of the submission of such regulations to each House of the Congress. For the purposes of this sub- section, continuity of session is broken only by an ad- journment of Congress sine die, but the days on which either House is not in session because of an adjourn- ment of more than three days to a day certain are ex- cluded. ‘‘(c) The provisions of this title shall not apply, on and after the date upon which regulations proposed by the Administrator take effect under subsection (b), to any tape recordings or other materials given to Rich- ard M. Nixon, or his heirs, pursuant to subsection (a)(7). ‘‘(d) The provisions of this title shall not in any way affect the rights, limitations or exemptions applicable under the Freedom of Information Act, 5 U.S.C. § 552 et seq. ‘‘JUDICIAL REVIEW ‘‘SEC. 105. (a) The United States District Court for the District of Columbia shall have exclusive jurisdiction to hear challenges to the legal or constitutional valid- ity of this title or of any regulation issued under the authority granted by this title, and any action or pro- ceeding involving the question of title, ownership, cus- tody, possession, or control of any tape recording or material referred to in section 101 or involving pay- ment of any just compensation which may be due in connection therewith. Any such challenge shall be treated by the court as a matter requiring immediate consideration and resolution, and such challenge shall have priority on the docket of such court over other cases. ‘‘(b) If, under the procedures established by sub- section (a), a judicial decision is rendered that a par- ticular provision of this title, or a particular regulation issued under the authority granted by this title, is un- constitutional or otherwise invalid, such decision shall not affect in any way the validity or enforcement of any other provision of this title or any regulation issued under the authority granted by this title. ‘‘(c) If a final decision of such court holds that any provision of this title has deprived an individual of pri- vate property without just compensation, then there shall be paid out of the general fund of the Treasury of the United States such amount or amounts as may be adjudged just by that Court. ‘‘AUTHORIZATION OF APPROPRIATIONS ‘‘SEC. 106. There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.’’ [Pub. L. 108–199, div. F, title V, § 543(b), Jan. 23, 2004, 118 Stat. 346, provided that: ‘‘Nothing in section 103 of the Presidential Recordings and Materials Preservation Act (Public Law 93–526; 44 U.S.C. 2111 note), as amended by subsection (a), may be construed as affecting public access to the recordings and materials referred to in that section as provided in regulations promulgated pursuant to section 104 of such Act.]’’ Executive Documents CLASSIFIED NATIONAL SECURITY INFORMATION For provisions authorizing Archivist to review, down- grade, and declassify information of former Presidents under control of Archivist pursuant to this section or provisions set out as a note under this section, see Ex. Ord. No. 13526, § 3.5(b), Dec. 29, 2009, 75 F.R. 718, set out as a note under section 3161 of Title 50, War and Na- tional Defense. Page 98 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2112 § 2112. Presidential archival depository (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 de- pository; (ii) take title to the land, facility, and equip- ment on behalf of the United States; and (iii) maintain, operate, and protect the land, facility, and equipment as a Presidential ar- chival depository and as part of the national archives system; (B)(i) make agreements, upon terms and con- ditions the Archivist considers proper, with a State, political subdivision, university, insti- tution of higher learning, institute, or founda- tion to use as a Presidential archival deposi- tory land, a facility, and equipment of the State, subdivision, university, or other organi- zation, to be made available by it without transfer of title to the United States; and (ii) maintain, operate, and protect the depos- itory as a part of the national archives sys- tem; 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 architec- tural and design standards applicable to Presi- dential archival depositories in order to ensure that such depositories (A) preserve Presidential records subject to chapter 22 of this title and pa- pers 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 in- clude— (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 sec- tion; (C) a statement of the terms of the proposed agreement, if any; (D) a general description of the types of pa- pers, 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 improve- ments and equipment associated with the de- velopment and operation of the depository, an estimate of the costs of such improvements and equipment, and a statement as to the ex- tent 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 subpara- graph (C) of paragraph (1) for the purpose of making any physical or material change or addi- tion to a Presidential archival depository, or prior to implementing any provision of law re- quiring 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 de- posit in an endowment for the depository re- quired pursuant to subsection (g) of this sec- tion in order to meet the cost of such change or addition; (C) a statement of the purpose of the pro- posed change or addition and a general de- scription of any papers, documents, or histor- ical materials proposed to be deposited in the depository as a result of such change or addi- tion; (D) a statement of any additional improve- ments or equipment for the depository associ- ated with such change or addition; (E) an estimate of the increase in the total annual cost to the United States of maintain- ing, 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 pro- mulgated by the Archivist pursuant to para- graph (2) of this subsection. (5) The Archivist may not— (A) accept or take title to land, a facility, or equipment under subparagraph (A) of para- graph (1) for the purpose of creating a Presi- dential archival depository; (B) enter into any agreement under subpara- graph (B) of such paragraph or any other agreement to accept or establish a Presi- dential 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 con- tinuous session of Congress beginning on the date on which the Archivist transmits the re- port required under paragraph (3) of this sub- section with respect to such Presidential archi- val depository or the report required under para- graph (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 Presi- dential archival depository papers, documents, or other historical materials accepted under sec-