44 U.S.C. § 2113 — Depository for agreements between States

Page 101 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2113 1978—Subsec. (c). Pub. L. 95–591 limited application of subsec. (c) when dealing with Presidential records. 1976—Subsecs. (b), (c). Pub. L. 94–575 substituted ref- erence to section ‘‘2107’’ for ‘‘3106’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Section 4 of Pub. L. 99–323 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 pa- pers, 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 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. CAPITAL IMPROVEMENT PLAN FOR PRESIDENTIAL ARCHIVAL DEPOSITORIES Pub. L. 110–404, § 6(a), Oct. 13, 2008, 122 Stat. 4284, pro- vided that: ‘‘(1) PROVISION OF PLAN.—The Archivist of the United States shall provide to the Committee on Appropria- tions of the Senate and the Committee on Appropria- tions 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 Presi- dential 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 improve- ment plan shall be provided to the committees, as de- scribed 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 Govern- ment is submitted to Congress; and ‘‘(B) an explanation for any changes in cost esti- mates.’’ JOHN FITZGERALD KENNEDY LIBRARY Pub. L. 89–547, 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, Massachu- setts, by the John Fitzgerald Kennedy Library, Incor- porated, to be transferred to the United States Govern- ment, 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 sys- tem. The Administrator may enter into such agree- ments 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 expi- ration of the first period of sixty calendar days of con- tinuous session of the Congress following the date on which a report in writing of any such proposed Presi- dential archival depository is transmitted by the Ad- ministrator to the President of the Senate and the Speaker of the House of Representatives.’’ [For transfer of certain functions of the Adminis- trator of General Services under Pub. L. 89–547 to the Archivist of the United States, see section 103(b)(2) of Pub. L. 98–497, set out as a Transfer of Functions note under section 2102 of this title.] LYNDON BAINES JOHNSON PRESIDENTIAL ARCHIVAL DEPOSITORY Pub. L. 89–169, 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 Uni- versity of Texas to utilize as the Lyndon Baines John- son Archival Depository, land, buildings, and equip- ment 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 sec- tion 507(f)(1) of the Federal Property and Administra- tive Services Act of 1949, as amended (44 U.S.C. [former] 397(f)(1)) [now subsec. (a) of this section], that the Ad- ministrator 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 pro- posed 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 Adminis- trator of General Services under Pub. L. 89–169 to the Archivist of the United States, see section 103(b)(2) of Pub. L. 98–497, set out as a Transfer of Functions note under section 2102 of this title.] § 2113. Depository for agreements between States The Archivist may receive duplicate originals or authenticated copies of agreements or com- pacts entered into under the Constitution and laws of the United States, between States of the Union, and take necessary actions for their pres- ervation and servicing. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, § 2109; renumbered § 2113 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., § 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. 85–51, 71 Stat. 69; Mar. 15, 1958, Pub. L. 85–341, § 1(1), 72 Stat. 34). Editorial Notes PRIOR PROVISIONS A prior section 2113 was renumbered section 2117 of this title. 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