44 U.S.C. § 2109 — Preservation, arrangement, duplication,

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. 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