44 U.S.C. § 2116 — Legal status of reproductions; official seal;

Page 102 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2114 AMENDMENTS 1984—Pub. L. 98–497, § 107(a)(7), substituted ‘‘Archi- vist’’ for ‘‘Administrator of General Services’’. Pub. L. 98–497, § 102(a)(1), renumbered section 2109 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. § 2114. Preservation of audio and visual records 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 activi- ties, and provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit edu- cational purposes, motion-picture films, still photographs, and sound recordings in the Archi- vist’s custody. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, § 2110; renumbered § 2114 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113–187, § 3(c)(1), Nov. 26, 2014, 128 Stat. 2008.) HISTORICAL AND REVISION NOTES Based 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. 85–51, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85–341, § 1(1), 72 Stat. 34). Editorial Notes PRIOR PROVISIONS A prior section 2114 was renumbered section 2118 of this title. AMENDMENTS 2014—Pub. L. 113–187 amended section generally. Prior to amendment section related to preservation of mo- tion-picture films, still pictures, and sound recordings. 1984—Pub. L. 98–497, § 107(a)(7), substituted ‘‘Archi- vist’’ for ‘‘Administrator of General Services’’. Pub. L. 98–497, § 102(a)(1), renumbered section 2110 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. § 2115. Reports; correction of violations (a) In carrying out the duties and responsibil- ities under chapters 21, 25, 29, 31, and 33 of this title, the Archivist may obtain reports from any Federal agency on such agency’s activities under such chapters. (b) When the Archivist finds that a provision of any such chapter has been or is being vio- lated, the Archivist shall (1) inform in writing the head of the agency concerned of the viola- tion and make recommendations for its correc- tion; and (2) unless satisfactory corrective meas- ures are demonstrably commenced within a rea- sonable time, submit a written report of the matter to the President and the Congress. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, § 2111; Pub. L. 94–575, § 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered § 2115 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(8), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113–187, § 9(e), Nov. 26, 2014, 128 Stat. 2014.) HISTORICAL AND REVISION NOTES Based 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 AMENDMENTS 2014—Subsec. (a). Pub. L. 113–187, § 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. 113–187, § 9(e)(2), struck out ‘‘ei- ther’’ after ‘‘When’’, struck out ‘‘or the Administrator’’ after ‘‘the Archivist’’ in two places, and substituted ‘‘demonstrably commenced’’ for ‘‘inaugurated’’. 1984—Pub. L. 98–497, § 107(a)(8), amended section gen- erally, inserting reference to Archivist and striking out reference to chapter 27 of this title. Pub. L. 98–497, § 102(a)(1), renumbered section 2111 of this title as this section. 1976—Subsec. (b). Pub. L. 94–575 inserted reference to chapter 33 of this title. 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. § 2116. Legal status of reproductions; official seal; fees for copies and reproductions (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 re- tention by the photographic, microphoto- graphic, digital, or other reproductions con- stitutes compliance with the statutory require- ment for the indefinite retention of the original records. The reproductions, as well as reproduc- tions made under regulations to carry out chap- ter 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 Na- tional Archives of the United States which shall be judicially noticed. When a copy or reproduc- tion, furnished under this section, is authenti- cated by the official seal and certified by the Ar- chivist, the copy or reproduction shall be admit- ted in evidence equally with the original from which it was made. (c) The Archivist may charge a fee set to re- cover the costs for making or authenticating copies or reproductions of materials transferred to the Archivist’s custody. Such fee shall be fixed by the Archivist at a level which will re- cover, so far as practicable, all elements of such Page 103 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2119 costs, and may, in the Archivist’s discretion, in- clude increments for the estimated replacement cost of equipment. Such fees shall be paid into, administered, and expended as a part of the Na- tional 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 appropria- tions available to the Archivist for this purpose are insufficient to cover the cost of performing the work. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, § 2112; Pub. L. 94–575, § 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered § 2116 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(9), title II, § 201, Oct. 19, 1984, 98 Stat. 2280, 2286, 2292; Pub. L. 113–187, §§ 3(d), 8(1), Nov. 26, 2014, 128 Stat. 2008, 2011.) HISTORICAL AND REVISION NOTES Based 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 AMENDMENTS 2014—Subsec. (a). Pub. L. 113–187, § 3(d), inserted ‘‘dig- ital,’’ after ‘‘microphotographic,’’ in two places. Subsec. (c). Pub. L. 113–187, § 8(1), substituted ‘‘the Ar- chivist’s custody’’ for ‘‘his custody’’. 1984—Pub. L. 98–497, § 102(a)(1), renumbered section 2112 of this title as this section. Subsec. (a). Pub. L. 98–497, § 107(a)(9)(A), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. Subsec. (b). Pub. L. 98–497, § 107(a)(9)(B), substituted ‘‘Archivist’’ for ‘‘Administrator’’. Subsec. (c). Pub. L. 98–497, § 201, substituted provi- sions transferring functions from Administrator of General Services to Archivist of the United States, fur- ther substituted provisions relating to permissible fee charges for former provisions which set a fee not in ex- cess 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 oth- erwise be furnished. 1976—Subsec. (a). Pub. L. 94–575 inserted reference to chapter 33 of this title. 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. § 2117. Limitation on liability When letters and other intellectual produc- tions (exclusive of patented material, published works under copyright protection, and unpub- lished works for which copyright registration has been made) come into the custody or posses- sion of the Archivist, the United States or its agents are not liable for infringement of copy- right or analogous rights arising out of use of the materials for display, inspection, research, reproduction, or other purposes. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, § 2113; Pub. L. 94–553, § 105(b), Oct. 19, 1976, 90 Stat. 2599; renumbered § 2117 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(7), Oct. 19, 1984, 98 Stat. 2280, 2286.) HISTORICAL AND REVISION NOTES Based 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 AMENDMENTS 1984—Pub. L. 98–497, § 107(a)(7), substituted ‘‘Archi- vist’’ for ‘‘Administrator of General Services’’. Pub. L. 98–497, § 102(a)(1), renumbered section 2113 of this title as this section. 1976—Pub. L. 94–553 substituted ‘‘productions (exclu- sive of patented material, published works under copy- right 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 pat- ented, come into the custody or possession of the Ad- ministrator 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 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–553 effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as an Effective Date note preceding section 101 of Title 17, Copyrights. § 2118. Records of Congress 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 Administra- tion for preservation, subject to the orders of the Senate or the House of Representatives, re- spectively. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, § 2114; renumbered § 2118 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 402 (Aug. 2, 1946, ch. 753, title I, § 140, 60 Stat. 833). Editorial Notes AMENDMENTS 1984—Pub. L. 98–497, § 107(a)(10), substituted ‘‘National Archives and Records Administration’’ for ‘‘General Services Administration’’. Pub. L. 98–497, § 102(a)(1), renumbered section 2114 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. § 2119. Cooperative agreements (a) AUTHORITY.—The Archivist may enter into cooperative agreements pursuant to section 6305