§ 2111. — Material accepted for deposit.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2111]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec. 2111. Material accepted for deposit
When the Archivist considers it to be in the public interest he 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
official of the Government, and other papers relating to and
contemporary with a President or former President of the United
States, subject to restrictions agreeable to the Archivist as to
their use; and
(2) documents, including motion-picture films, still pictures,
and sound recordings, from private sources that are appropriate for
preservation by the Government as evidence of its organization,
functions, policies, decisions, procedures, and transactions.
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, Sec. 2107; Pub. L. 95-
591, Sec. 2(b)(2), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec. 2111 and
amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(5), Oct. 19,
1984, 98 Stat. 2280, 2286.)
Historical and Revision Notes
Based on 44 U.S. Code 1964 ed., Sec. 397(e) (June 30, 1949, ch. 288,
title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat.
583; July 12, 1952, ch. 703, Sec. 1(p), 66 Stat. 594; July 12, 1955, ch.
329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695).
Prior Provisions
A prior section 2111 was renumbered section 2115 of this title.
Amendments
1984--Pub. L. 98-497, Sec. 107(a)(5), substituted ``Archivist'' for
``Administrator of General Services'' in provisions preceding par. (1),
and substituted ``Archivist'' for ``Administrator'' in par. (1).
1978--Pub. L. 95-591 inserted provision excluding Presidential
records which are subject to provisions of chapter 22 of this title from
application of this section.
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 section 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, Secs. 101-106, Dec. 19, 1974, 88 Stat.
1695-1698, as amended by Pub. L. 98-497, title I, Sec. 107(c), Oct. 19,
1984, 98 Stat. 2291, provided: ``That this Act [enacting this note,
sections 3315 to 3324 of this title, and provisions set out as a note
under 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 employee in possession shall deliver, and the Archivist
of the United States (hereinafter referred to as the `Archivist') shall
receive, obtain, or retain, complete possession and control of all
original tape recordings of conversations which were recorded or caused
to be recorded by any officer or employee of the Federal Government and
which--
``(1) involve former President Richard M. Nixon or other
individuals who, at the time of the conversation, were employed by
the Federal Government;
``(2) were recorded in the White House or in the office 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 January 20,
1969, and ending August 9, 1974.
``(b)(1) Notwithstanding any other law or any agreement 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,
memorandums, transcripts, and other objects and materials which
constitute the Presidential historical materials of Richard M. Nixon,
covering the period beginning January 20, 1969, and ending August 9,
1974.
``(2) For purposes of this subsection, the term `historical
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 understanding made pursuant to section 2111 of
title 44, United States Code, the tape recordings and other materials
referred to in section 101 shall, immediately upon the date of enactment
of this title, be made available, subject to any rights, defenses, or
privileges which the Federal Government or any person may invoke, for
use in any judicial proceeding or otherwise subject to court subpena or
other legal process. Any request by the Office of Watergate Special
Prosecution Force, whether by court subpena or other lawful process, 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 destruction, and to prevent access to such recordings and materials
by unauthorized persons. Custody of such recordings and materials shall
be maintained in Washington, District of Columbia, or its metropolitan
area, except as may otherwise be necessary to carry out the provisions
of this title.
``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 proposing and explaining regulations that would
provide public access to the tape recordings and other materials
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 materials 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 relating 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 access to such recordings and materials;
``(6) the need to provide public access to those materials which
have general historical significance, and which are not likely to be
related to the need described 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 subsection, continuity
of session is broken only by an adjournment of Congress sine die, but
the days on which either House is not in session because of an
adjournment of more than three days to a day certain are excluded.
``(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
Richard 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. Sec. 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 validity of this title or of any regulation
issued under the authority granted by this title, and any action or
proceeding involving the question of title, ownership, custody,
possession, or control of any tape recording or material referred to in
section 101 or involving payment 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 subsection (a), a
judicial decision is rendered that a particular provision of this title,
or a particular regulation issued under the authority granted by this
title, is unconstitutional 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 private 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.''
Classified National Security Information
For provisions authorizing Archivist to review, downgrade, 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. 12958, Sec. 3.6(b)(4), Apr. 17, 1995, 60 F.R.
19835, set out as a note under section 435 of Title 50, War and National
Defense.
Section Referred to in Other Sections
This section is referred to in sections 2107, 2112, 3102, 3317 of
this title.
