§ 2116. — Legal status of reproductions; official seal; fees for copies and reproductions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2116]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec. 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, or
other processes, in accordance with standards established by the
Archivist the indefinite retention by the photographic,
microphotographic, or other reproductions constitutes compliance with
the statutory requirement for the indefinite retention of the original
records. The reproductions, as well as reproductions made under
regulations to carry out chapter 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 National Archives of the
United States which shall be judicially noticed. When a copy or
reproduction, furnished under this section, is authenticated by the
official seal and certified by the Archivist, the copy or reproduction
shall be admitted in evidence equally with the original from which it
was made.
(c) The Archivist may charge a fee set to recover the costs for
making or authenticating copies or reproductions of materials
transferred to his custody. Such fee shall be fixed by the Archivist at
a level which will recover, so far as practicable, all elements of such
costs, and may, in the Archivist's discretion, include increments for
the estimated replacement cost of equipment. Such fees shall be paid
into, administered, and expended as a part of the National Archives
Trust Fund. The Archivist may not charge for making or authenticating
copies or reproductions of materials for official use by the United
States Government unless appropriations available to the Archivist for
this purpose are insufficient to cover the cost of performing the work.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1291, Sec. 2112; Pub. L. 94-
575, Sec. 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered Sec. 2116 and
amended Pub. L. 98-497, title I, Secs. 102(a)(1), 107(a)(9), title II,
Sec. 201, Oct. 19, 1984, 98 Stat. 2280, 2286, 2292.)
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., Sec. 399 (June 30, 1949, ch. 288,
title V, Sec. 509, as added Sept. 5, 1950, ch. 849, Sec. 6(d), 64 Stat.
583).
Amendments
1984--Subsec. (a). Pub. L. 98-497, Sec. 107(a)(9)(A), substituted
``Archivist'' for ``Administrator of General Services''.
Subsec. (b). Pub. L. 98-497, Sec. 107(a)(9)(B), substituted
``Archivist'' for ``Administrator''.
Subsec. (c). Pub. L. 98-497, Sec. 201, substituted provisions
transferring functions from Administrator of General Services to
Archivist of the United States, further substituted provisions relating
to permissible fee charges for former provisions which set a fee not in
excess of 10 percent above costs and expenses for making copies,
inserted ``unless appropriations available to the Archivist for this
purpose are insufficient to cover the cost of performing the work'', and
struck out provision that reimbursement may be accepted to cover cost of
furnishing copies or reproductions that could not otherwise be
furnished.
1976--Subsec. (a). Pub. L. 94-575 inserted reference to chapter 33
of this title.
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.
Section Referred to in Other Sections
This section is referred to in section 3102 of this title; title 22
section 1461; title 25 section 199a.
