§ 2112. — Presidential archival depository.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2112]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec. 2112. Presidential archival depository
(a)(1) When the Archivist considers it to be in the public interest,
the Archivist may--
(A)(i) accept, for and in the name of the United States, land, a
facility, and equipment offered as a gift to the United States for
the purpose of creating a Presidential archival depository;
(ii) take title to the land, facility, and equipment on behalf
of the United States; and
(iii) maintain, operate, and protect the land, facility, and
equipment as a Presidential archival depository and as part of the
national archives system;
(B)(i) make agreements, upon terms and conditions the Archivist
considers proper, with a State, political subdivision, university,
institution of higher learning, institute, or foundation to use as a
Presidential archival depository land, a facility, and equipment of
the State, subdivision, university, or other organization, to be
made available by it without transfer of title to the United States;
and
(ii) maintain, operate, and protect the depository as a part of
the national archives system; and
(C) accept, for and in the name of the United States, gifts
offered for the purpose of making any physical or material change or
addition to a Presidential archival depository.
(2) The Archivist shall promulgate architectural and design
standards applicable to Presidential archival depositories in order to
ensure that such depositories (A) preserve Presidential records subject
to chapter 22 of this title and papers and other historical materials
accepted for deposit under section 2111 of this title and (B) contain
adequate research facilities.
(3) Prior to accepting and taking title to any land, facility, or
equipment under subparagraph (A) of paragraph (1), or prior to entering
into any agreement under subparagraph (B) of such paragraph or any other
agreement to accept or establish a Presidential archival depository, the
Archivist shall submit a written report on the proposed Presidential
archival depository to the President of the Senate and the Speaker of
the House of Representatives. The report shall include--
(A) a description of the land, facility, and equipment offered
as a gift or to be made available without transfer of title;
(B) a statement specifying the estimated total cost of the
proposed depository and the amount of the endowment for the
depository required pursuant to subsection (g) of this section;
(C) a statement of the terms of the proposed agreement, if any;
(D) a general description of the types of papers, documents, or
other historical materials proposed to be deposited in the
depository to be created, and of the terms of the proposed deposit;
(E) a statement of any additional improvements and equipment
associated with the development and operation of the depository, an
estimate of the costs of such improvements and equipment, and a
statement as to the extent to which such costs will be incurred by
any Federal or State government agency;
(F) an estimate of the total annual cost to the United States of
maintaining, operating, and protecting the depository; and
(G) a certification that such facility and equipment (whether
offered as a gift or made available without transfer of title)
comply with standards promulgated by the Archivist pursuant to
paragraph (2) of this subsection.
(4) Prior to accepting any gift under subparagraph (C) of paragraph
(1) for the purpose of making any physical or material change or
addition to a Presidential archival depository, or prior to implementing
any provision of law requiring the making of such a change or addition,
the Archivist shall submit a report in writing on the proposed change or
addition to the President of the Senate and the Speaker of the House of
Representatives. The report shall include--
(A) a description of such gift;
(B) a statement specifying the estimated total cost of the
proposed physical or material change or addition and the amount of
the deposit in an endowment for the depository required pursuant to
subsection (g) of this section in order to meet the cost of such
change or addition;
(C) a statement of the purpose of the proposed change or
addition and a general description of any papers, documents, or
historical materials proposed to be deposited in the depository as a
result of such change or addition;
(D) a statement of any additional improvements or equipment for
the depository associated with such change or addition;
(E) an estimate of the increase in the total annual cost to the
United States of maintaining, operating, and protecting the
depository that will result from such change or addition; and
(F) a certification that the depository, and the equipment
therein will, after such change or addition, comply with the
standards promulgated by the Archivist pursuant to paragraph (2) of
this subsection.
(5) The Archivist may not--
(A) accept or take title to land, a facility, or equipment under
subparagraph (A) of paragraph (1) for the purpose of creating a
Presidential archival depository;
(B) enter into any agreement under subparagraph (B) of such
paragraph or any other agreement to accept or establish a
Presidential archival depository; or
(C) accept any gift under subparagraph (C) of such paragraph for
the purpose of making any physical or material change to a
Presidential archival depository,
until the expiration of a period of 60 days of continuous session of
Congress beginning on the date on which the Archivist transmits the
report required under paragraph (3) of this subsection with respect to
such Presidential archival depository or the report required under
paragraph (4) of this subsection with respect to such change or
addition, as the case may be.
(b) When the Archivist considers it to be in the public interest, he
may deposit in a Presidential archival depository papers, documents, or
other historical materials accepted under section 2111 of this title, or
Federal records appropriate for preservation.
(c) When the Archivist considers it to be in the public interest, he
may exercise, with respect to papers, documents, or other historical
materials deposited under this section, or otherwise, in a Presidential
archival depository, all the functions and responsibilities otherwise
vested in him pertaining to Federal records or other documentary
materials in his custody or under his control. The Archivist, in
negotiating for the deposit of Presidential historical materials, shall
take steps to secure to the Government, as far as possible, the right to
have continuous and permanent possession of the materials. Papers,
documents, or other historical materials accepted and deposited under
section 2111 of this title and this section are subject to restrictions
as to their availability and use stated in writing by the donors or
depositors, including the restriction that they shall be kept in a
Presidential archival depository. The restrictions shall be respected
for the period stated, or until revoked or terminated by the donors or
depositors or by persons legally qualified to act on their behalf.
Subject to the restrictions, the Archivist may dispose by sale,
exchange, or otherwise, of papers, documents, or other materials which
the Archivist determines to have no permanent value or historical
interest or to be surplus to the needs of a Presidential archival
depository. Only the first two sentences of this subsection shall apply
to Presidential records as defined in section 2201(2) of this title.
(d) When the Archivist considers it to be in the public interest, he
may cooperate with and assist a university, institution of higher
learning, institute, foundation, or other organization or qualified
individual to further or to conduct study or research in historical
materials deposited in a Presidential archival depository.
(e) When the Archivist considers it to be in the public interest, he
may charge and collect reasonable fees for the privilege of visiting and
viewing exhibit rooms or museum space in a Presidential archival
depository.
(f) When the Archivist considers it to be in the public interest, he
may provide reasonable office space in a Presidential archival
depository for the personal use of a former President of the United
States.
(g)(1) When the Archivist considers it to be in the public interest,
the Archivist may solicit and accept gifts or bequests of money or other
property for the purpose of maintaining, operating, protecting, or
improving a Presidential archival depository. The proceeds of gifts or
bequests, together with the proceeds from fees or from sales of
historical materials, copies or reproductions, catalogs, or other items,
having to do with a Presidential archival depository, shall be paid into
an account in the National Archives Trust Fund and shall be held,
administered, and expended for the benefit and in the interest of the
Presidential archival depository in connection with which they were
received, and for the same purposes and objects, including custodial and
administrative services for which appropriations for the maintenance,
operation, protection, or improvement of Presidential archival
depositories might be expended.
(2) The Archivist shall provide for the establishment in such Trust
Fund of separate endowments for the maintenance of the land, facility,
and equipment of each Presidential archival depository, to which shall
be credited any gifts or bequests received under paragraph (1) that are
offered for that purpose. Income to each such endowment shall be
available to cover the cost of facility operations, but shall not be
available for the performance of archival functions under this title.
(3) The Archivist shall not accept or take title to any land,
facility, or equipment under subparagraph (A) of subsection (a)(1), or
enter into any agreement to use any land, facility, or equipment under
subparagraph (B) of such subsection for the purpose of creating a
Presidential archival depository, unless the Archivist determines that
there is available, by gift or bequest for deposit under paragraph (2)
of this subsection in an endowment with respect to such depository, an
amount for the purpose of maintaining such land, facility, and equipment
equal to--
(A) the product of--
(i) the total cost of acquiring or constructing such
facility and of acquiring and installing such equipment,
multiplied by
(ii) 20 percent; plus
(B)(i) if title to the land is to be vested in the United
States, the product of--
(I) the total cost of acquiring the land upon which such
facility is located, or such other measure of the value of such
land as is mutually agreed upon by the Archivist and the donor,
multiplied by
(II) 20 percent; or
(ii) if title to the land is not to be vested in the United
States, the product of--
(I) the total cost to the donor of any improvements to the
land upon which such facility is located (other than such
facility and equipment), multiplied by
(II) 20 percent; plus
(C) if the Presidential archival depository will exceed 70,000
square feet in area, an amount equal to the product of--
(i) the sum of--
(I) the total cost described in clause (i) of
subparagraph (A); plus
(II) the total cost described in subclause (I) or (II)
of subparagraph (B)(i), as the case may be, multiplied by
(ii) the percentage obtained by dividing the number of
square feet by which such depository will exceed 70,000 square
feet by 70,000.
(4) If a proposed physical or material change or addition to a
Presidential archival depository would result in an increase in the
costs of facility operations, the Archivist may not accept any gift
under subparagraph (C) of paragraph (1) for the purpose of making such a
change or addition, or may not implement any provision of law requiring
the making of such a change or addition, unless the Archivist determines
that there is available, by gift or bequest for deposit under paragraph
(2) of this subsection in an endowment with respect to such depository,
an amount for the purpose of maintaining the land, facility, and
equipment of such depository equal to the difference between--
(A) the amount which, pursuant to paragraph (3) of this
subsection, would have been required to have been available for
deposit in such endowment with respect to such depository if such
change or addition had been included in such depository on--
(i) the date on which the Archivist took title to the land,
facility, and equipment for such depository under subparagraph
(A) of subsection (a)(1); or
(ii) the date on which the Archivist entered into an
agreement for the creation of such depository under subparagraph
(B) of such paragraph,
as the case may be; minus
(B) the amount which, pursuant to paragraph (3) of this
subsection, was required to be available for deposit in such
endowment with respect to such depository on the date the Archivist
took such title or entered into such agreement, as the case may be.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108; Pub. L. 94-
575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 95-591,
Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528; renumbered Sec. 2112 and
amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(6), Oct. 19,
1984, 98 Stat. 2280, 2286; Pub. L. 99-323, Sec. 3, May 27, 1986, 100
Stat. 495.)
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., Sec. 397(f) (June 30, 1949, ch.
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64
Stat. 583; and amended July 12, 1952, ch. 703, Sec. 1(o), (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 2112 was renumbered section 2116 of this title.
Amendments
1986--Subsec. (a). Pub. L. 99-323, Sec. 3(a), amended subsec. (a)
generally, revising and restating as pars. (1) to (5) provisions of
former undesignated pars. containing similar subject matter.
Subsec. (g). Pub. L. 99-323, Sec. 3(b), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``When the
Archivist considers it be in the public interest, he may accept gifts or
bequests of money or other property for the purpose of maintaining,
operating, protecting, or improving a Presidential archival depository.
The proceeds of gifts or bequests, together with the proceeds from fees
or from sales of historical materials, copies or reproductions,
catalogs, or other items, having to do with a Presidential archival
depository, shall be paid into the National Archives Trust Fund to be
held, administered, and expended for the benefit and in the interest of
the Presidential archival depository in connection with which they were
received, including administrative and custodial expenses as the
Archivist determines.''
1984--Subsec. (a). Pub. L. 98-497, Sec. 107(a)(6), substituted
``Archivist'' for ``Administrator of General Services'' and
``Archivist'' for ``Administrator'' wherever appearing.
Subsecs. (b), (c). Pub. L. 98-497, Sec. 107(a)(6), substituted
``Archivist'' for ``Administrator'' and ``section 2111'' for ``section
2107'' wherever appearing.
Subsecs. (d) to (g). Pub. L. 98-497, Sec. 107(a)(6), substituted
``Archivist'' for ``Administrator'' wherever appearing.
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 reference to
section ``2107'' for ``3106''.
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
papers, 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 section 3 of Pub. L. 95-591, set out as an
Effective Date note under section 2201 of this title.
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,
Massachusetts, by the John Fitzgerald Kennedy Library, Incorporated, to
be transferred to the United States Government, 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 system. The Administrator
may enter into such agreements 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 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
proposed 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 Administrator 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 University of Texas to utilize as the Lyndon Baines Johnson Archival
Depository, land, buildings, and equipment 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 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 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
proposed 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 Administrator 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.]
Section Referred to in Other Sections
This section is referred to in sections 2105, 3102, 3317 of this
title.
