44 U.S.C. § 2108 — Responsibility for custody, use, and with-

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 information in records concerning the assassination, except when the strong- est possible reasons counsel otherwise. Executive de- partments and agencies (agencies) have worked meticu- lously over thousands of hours of review to ensure that the American people have access to every single word that is appropriate for release under the standards of the Act. With my final certification made in this memorandum—the last required under the Act—and de- finitive plans for future disclosures, my Administration is fulfilling the promise of transparency to the Amer- ican people. SEC. 2. Background. (a) The Act permits the continued postponement of public disclosure of information in records concerning President Kennedy’s assassination only when postponement remains necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the con- duct of foreign relations that is of such gravity that it outweighs the public interest in disclosure. Agencies have applied this statutory standard when proposing the continued postponement of public disclosure of spe- cific information, and the National Archives and Records Administration (NARA) has reviewed each of these redactions to determine whether NARA agrees that these redactions continue to meet the statutory standard. In the Presidential Memorandum of Decem- ber 15, 2022 (Certifications Regarding Disclosure of In- formation in Certain Records Related to the Assassina- tion of President John F. Kennedy) [set out above] (De- cember 2022 Memorandum), I certified the temporary continued postponement of public disclosure of re- dacted information in a small number of records cov- ered by the Act. At the time, the Acting Archivist of the United States (Acting Archivist) advised that a limited number of records that were the subject of agency proposals for temporary continued postpone- ment warranted further review to ensure that informa- tion from these records is disclosed to the maximum extent possible, consistent with the standards of the Act. In the December 2022 Memorandum, consistent with that advice, I directed agencies to continue to work with NARA to review these records to determine if additional information proposed for redaction could be disclosed. (b) On May 1, 2023, the Acting Archivist informed me that the review process was complete and rec- ommended that I postpone the public release of certain redacted information in the records certified for tem- porary postponement of public release in the December 2022 Memorandum. SEC. 3. Certification. In light of the recommendation for continued postponement of public release of infor- mation in the records identified in section 2(b) of this memorandum under the statutory standard, I hereby certify, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5(g)(2)(D) of the Act, that continued postponement of public disclosure of that in- formation is necessary to protect against identifiable harms to the military defense, intelligence operations, law enforcement, and the conduct of foreign relations that are of such gravity that they outweigh the public interest in disclosure. All information within these records that has been proposed for continued postpone- ment under section 5(g)(2)(D) of the Act shall accord- ingly be withheld from public disclosure. Future re- lease of the information in these records shall occur in a manner consistent with the Transparency Plans de- scribed in section 5 of this memorandum. SEC. 4. Release. Any information currently withheld from public disclosure under section 4 of the December 2022 Memorandum that is not subject to the certifi- cation in section 3 of this memorandum shall be re- leased to the public by June 30, 2023. SEC. 5. Transparency Plans. As part of their review, each agency prepared a plan for the eventual release of information (Transparency Plan) to ensure that infor- mation would continue to be disclosed over time as the identified harm associated with release of the informa- 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 were re- viewed by NARA, and the Acting Archivist previously advised me that use of the Transparency Plans by the NDC will ensure appropriate continued release of infor- mation covered by the Act. In the December 2022 Memorandum, I directed that the Transparency Plans submitted by agencies be used by the NDC to conduct future reviews of any information that has been post- poned from public disclosure. On May 1, 2023, the Act- ing Archivist recommended continued use of agencies’ Transparency Plans to release information covered by the Act. Therefore, I direct the NDC to continue to use the Transparency Plans to conduct future reviews of any information covered by the Act that has been post- poned from public disclosure. The Transparency Plans will ensure that the public will have access to the max- imum amount of information while continuing to pro- tect against identifiable harms to the military defense, intelligence operations, law enforcement, and the con- duct of foreign relations under the standards of the Act. SEC. 6. Publication. The Archivist of the United States is hereby authorized and directed to publish this memo- randum in the Federal Register. J.R. BIDEN, JR. § 2108. Responsibility for custody, use, and with- drawal of records (a) The Archivist shall be responsible for the custody, use, and withdrawal of records trans- ferred to him. When records, the use of which is subject to statutory limitations and restric- tions, are so transferred, permissive and restric- tive statutory provisions with respect to the ex- amination and use of records applicable to the head of the agency from which the records were transferred or to employees of that agency are Page 94 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2108 1 So in original. applicable to the Archivist and to the employees of the National Archives and Records Adminis- tration, respectively. Except as provided in sub- section (b) of this section, when the head of a Federal agency states, in writing, restrictions that appear to him to be necessary or desirable in the public interest with respect to the use or examination of records being considered for transfer from his custody to the Archivist, the Archivist shall, if he concurs,,1 impose such re- strictions on the records so transferred, and may not relax or remove such restrictions without the written concurrence of the head of the agen- cy 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 au- thorized to relax, remove, or impose restrictions on such agency’s records when he determines that such action is in the public interest. Statu- tory 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 rec- ords of the Bureau of the Census containing data identifying individuals enumerated in popu- lation censuses, any release pursuant to this section of such identifying information con- tained in such records shall be made by the Ar- chivist pursuant to the specifications and agree- ments set forth in the exchange of correspond- ence on or about the date of October 10, 1952, be- tween 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 pub- lished in the Register. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, § 2104; Pub. L. 95–416, § 1(b), Oct. 5, 1978, 92 Stat. 915; re- numbered § 2108 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(2), Oct. 19, 1984, 98 Stat. 2280, 2285.) HISTORICAL AND REVISION NOTES Based 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 TEXT Section 3 of the National Archives Act, approved June 19, 1934, referred to in subsec. (a), was classified to section 300c of former Title 44, Public Printing and Documents, and was repealed by act June 30, 1949, ch. 288, title VI, § 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, § 7(d), 64 Stat. 590. PRIOR PROVISIONS A prior section 2108 was renumbered section 2112 of this title. AMENDMENTS 1984—Pub. L. 98–497, § 102(a)(1), renumbered section 2104 of this title as this section. Subsec. (a). Pub. L. 98–497, § 107(a)(2), substituted ‘‘the Archivist and to the employees of the National Ar- chives and Records Administration’’ for ‘‘the Adminis- trator, the Archivist of the United States, and to the employees of the General Services Administration’’, struck out ‘‘and in consultation with the Archivist of the United States’’ before ‘‘impose such restrictions’’ in third sentence, struck out ‘‘the Archivist and’’ after ‘‘having consulted with’’ in fifth sentence, substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’ wherever appearing, and substituted ‘‘Archivist’’ for ‘‘Administrator’’ wherever appearing. Subsec. (b). Pub. L. 98–497, § 107(a)(2)(D), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 1978—Pub. L. 95–416 designated existing provisions as subsec. (a), inserted provisions permitting the Adminis- trator to relax, remove, or impose restrictions in the public interest of records of agencies which have been terminated and requiring the Administrator with re- gard to duration of restrictions to consult with the Ar- chivist 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 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. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED RECORDS FROM NATIONAL ARCHIVES Pub. L. 113–187, § 6, Nov. 26, 2014, 128 Stat. 2010, pro- vided 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 Ad- ministration 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 Ar- chives 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 communica- tion device, or any other devices capable of photographing, recording, or transferring images or content. ‘‘(4) An individual seeking access to review classi- fied records, as a precondition to such access, must consent to a search of their belongings upon conclu- sion of their records review. Page 95 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2109 ‘‘(5) All notes and other writings prepared by an in- dividual, other than covered personnel, during the course of a review of classified records shall be re- tained by the National Archives and Records Admin- istration in a secure facility until such notes and other writings are determined to be unclassified, are declassified, or are securely transferred to another se- cure facility. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) COVERED PERSONNEL.—The term ‘covered per- sonnel’ 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 clear- ances; 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 Govern- ment. ‘‘(2) RECORDS.—The term ‘records’ has the meaning given that term under section 3301 of title 44, United States Code.’’ § 2109. Preservation, arrangement, duplication, exhibition of records The Archivist shall provide for the preserva- tion, arrangement, repair and rehabilitation, du- plication and reproduction (including microcopy publications), description, and exhibition of records or other documentary material trans- ferred to him as may be needful or appropriate, including the preparation and publication of in- ventories, 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 Na- tional Historical Publications and Records Com- mission, publish such historical works and col- lections of sources as seem appropriate for printing or otherwise recording at the public ex- pense. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, § 2105; renumbered § 2109 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(3), Oct. 19, 1984, 98 Stat. 2280, 2285.) HISTORICAL AND REVISION NOTES Based 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 PROVISIONS A prior section 2109 was renumbered section 2113 of this title. AMENDMENTS 1984—Pub. L. 98–497, § 107(a)(3), substituted ‘‘Archi- vist’’ for ‘‘Administrator of General Services’’ and in- serted ‘‘and Records’’ after ‘‘National Historical Publi- cations’’. Pub. L. 98–497, § 102(a)(1), renumbered section 2105 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. 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 respon- sibilities, 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 repro- duced for use in exhibits or other types of visual dis- plays 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 au- thorized 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 deter- mined 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 pre- pared, produced, or otherwise created by the executive departments and agencies possess historical signifi- cance 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, produc- tion, or other creation of exhibits and displays in fur- therance 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 other- wise created in a manner which assures, to the max- imum possible extent, their appropriateness, after they have served their primary program purpose, for such supplemental exhibition, and (b) to transfer to the Archivist, without reimburse- ment, 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 preser- vation, 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.