# embeddings_queue

created_at: 2024-04-16 21:58:04
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "BASIC LAWS and AUTHORITIES  | 147\tTHE PRIVACY ACT OF 1974\n5 U.S.C. \u00a7 552a, As Amended\n\u00a7 552A. RECORDS MAINTAINED ON \nINDIVIDUALS\n(a) Definitions\nFor purposes of this section\u2014\n(1) the term \u201cagency\u201d means agency as defined in sec -\ntion 552(f) of this title;\n(2) the term \u201cindividual\u201d means a citizen of the United \nStates or an alien lawfully admitted for permanent resi -\ndence;\n(3) the term \u201cmaintain\u201d includes maintain, collect, use \nor disseminate;\n(4) the term \u201crecord\u201d means any item, collection, or"}


created_at: 2024-04-16 21:58:04
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "(4) the term \u201crecord\u201d means any item, collection, or \ngrouping of information about an individual that is main -\ntained by an agency, including, but not limited to, his ed -\nucation, financial transactions, medical history, and crim -\ninal or employment history and that contains his name, \nor the identifying number, symbol, or other identifying \nparticular assigned to the individual, such as a finger or \nvoice print or a photograph;\n(5) the term \u201csystem of records\u201d means a group of any"}


created_at: 2024-04-16 21:58:04
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "(5) the term \u201csystem of records\u201d means a group of any \nrecords under the control of any agency from which in -\nformation is retrieved by the name of the individual or \nby some identifying number, symbol, or other identifying \nparticular assigned to the individual;\n(6) the term \u201cstatistical record\u201d means a record in a sys -\ntem of records maintained for statistical research or re -\nporting purposes only and not used in whole or in part in \nmaking any determination about an identifiable individ -"}


created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "making any determination about an identifiable individ -\nual, except as provided by section 8 of Title 13;\n(7) the term \u201croutine use\u201d means, with respect to the dis -\nclosure of a record, the use of such record for a purpose which \nis compatible with the purpose for which it was collected;(8) the term \u201cmatching program\u201d\u2014\n(A) means any computerized comparison of\u2014\n(i) two or more automated systems of records or \na system of records with non-Federal records for \nthe purpose of\u2014"}


created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "the purpose of\u2014\n(I) establishing or verifying the eligibility of, \nor continuing compliance with statutory and \nregulatory requirements by, applicants for, \nrecipients or beneficiaries of, participants in, \nor providers of services with respect to, cash or \nin-kind assistance or payments under Federal \nbenefit programs, or\n(II) recouping payments or delinquent debts \nunder such Federal benefit programs, or\n(ii) two or more automated Federal personnel \nor payroll systems of records or a system of Fed -"}


created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "or payroll systems of records or a system of Fed -\neral personnel or payroll records with non-Federal \nrecords,\n(B) but does not include\u2014\n(i) matches performed to produce aggregate sta -\ntistical data without any personal identifiers;\n(ii) matches performed to support any research \nor statistical project, the specific data of which \nmay not be used to make decisions concerning the \nrights, benefits, or privileges of specific individuals;\n(iii) matches performed, by an agency (or com -"}


created_at: 2024-04-16 21:58:04
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 155, "chroma:document": "(iii) matches performed, by an agency (or com -\nponent thereof) which performs as its principal \nfunction any activity pertaining to the enforcement \nof criminal laws, subsequent to the initiation of a \nspecific criminal or civil law enforcement investiga -\ntion of a named person or persons for the purpose of \ngathering evidence against such person or persons;"}


created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 156, "chroma:document": "148 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 149\t(iv) matches of tax information (I) pursuant to \nsection 6103(d) of the Internal Revenue Code of \n1986, (II) for purposes of tax administration as \ndefined in section 6103(b)(4) of such Code, (III) \nfor the purpose of intercepting a tax refund due \nan individual under authority granted by section \n404(e), 464, or 1137 of the Social Security Act; or \n(IV) for the purpose of intercepting a tax refund"}


created_at: 2024-04-16 21:58:04
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 156, "chroma:document": "(IV) for the purpose of intercepting a tax refund \ndue an individual under any other tax refund in -\ntercept program authorized by statute which has \nbeen determined by the Director of the Office of \nManagement and Budget to contain verification, \nnotice, and hearing requirements that are substan -\ntially similar to the procedures in section 1137 of \nthe Social Security Act;\n(v) matches\u2014\n(I) using records predominantly relating to \nFederal personnel, that are performed for"}


created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 156, "chroma:document": "Federal personnel, that are performed for \nroutine administrative purposes (subject to \nguidance provided by the Director of the \nOffice of Management and Budget pursuant to \nsubsection (v)); or\n(II) conducted by an agency using only records \nfrom systems of records maintained by that \nagency; if the purpose of the match is not to take \nany adverse financial, personnel, disciplinary, or \nother adverse action against Federal personnel; or\n(vi) matches performed for foreign counterintel -"}


created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 156, "chroma:document": "(vi) matches performed for foreign counterintel -\nligence purposes or to produce background checks \nfor security clearances of Federal personnel or Fed -\neral contractor personnel; or\n(vii) matches performed incident to a levy de -\nscribed in section 6103(k)(8) of the Internal Reve -\nnue Code of 1986;\n(9) the term \u201crecipient agency\u201d means any agency, or \ncontractor thereof, receiving records contained in a sys -\ntem of records from a source agency for use in a matching \nprogram;"}


created_at: 2024-04-16 21:58:04
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created_at: 2024-04-16 21:58:04
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created_at: 2024-04-16 21:58:04
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{"source": "C:\\Users\\CLEME\\AppData\\Local\\Temp\\gradio\\4e9383ae10b286f2e5c7e0903532e32d5df34e53\\basic-laws-book-2016.pdf", "page": 156, "chroma:document": "members of the uniformed services (including members \nof the Reserve Components), individuals entitled to re -\nceive immediate or deferred retirement benefits under \nany retirement program of the Government of the United \nStates (including survivor benefits).\n(b) Conditions of disclosure:  No agency shall disclose any \nrecord which is contained in a system of records by any \nmeans of communication to any person, or to another \nagency, except pursuant to a written request by, or with"}


created_at: 2024-04-16 21:58:04
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created_at: 2024-04-16 21:58:04
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created_at: 2024-04-16 21:58:04
topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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created_at: 2024-04-16 21:58:04
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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created_at: 2024-04-16 21:58:04
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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topic: persistent://default/default/b453ab31-b31d-4c11-a82d-9696fdb747dd
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created_at: 2024-04-16 21:58:04
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2016  edition
 
BASIC
LAWS
and AUTHORITIES  of the NATIONAL ARCHIVES   
and RECORDS ADMINISTRATION
Office of General Counsel
National Archives and Records Administration
Additional materials can be found on the web at: www.archives.gov


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BASIC LAWS and AUTHORITIES  | iii	TABLE OF CONTENTS
ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS 1
§ 106a. Promulgation of laws 1
§ 106b. Amendments to Constitution 1
§ 112. Statutes at Large; contents; admissibility in evidence 1
§ 113. “Little and Brown’s” edition of laws and treaties; slip laws; T reaties and Other International Acts Series;  
admissibility in evidence 1
§ 201. Publication and distribution of Code of Laws of United States and Supplements and


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District of Columbia Code and Supplements 2
PRESIDENTIAL ELECTIONS AND VACANCIES
§ 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection 2
§ 11. Disposition of certificates 2
§ 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States;  
demand on State for certificate 3
§ 13. Same; demand on district judge for certificate 3
FORMER PRESIDENTS ACT 3
OFFICIAL TERRITORIAL PAPERS 4


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FORMER PRESIDENTS ACT 3
OFFICIAL TERRITORIAL PAPERS 4
§ 141. Collection, preparation and publication 4
§ 142. Appointment of experts 5
§ 143. Employment and utilization of other personnel; cost of copy reading and indexing 5
§ 144. Cooperation of departments and agencies 5
§ 145. Printing and distribution 5
§ 146. Authorization of appropriations 5
INSPECTOR GENERAL ACT OF 1978 6
§ 8G. Requirements for Federal entities and designated Federal entities 6
CONCEALMENT, REMOVAL, OR MUTILATION OF RECORDS 7


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CONCEALMENT, REMOVAL, OR MUTILATION OF RECORDS 7
DISSEMINATION OF INFORMATION WITHIN THE UNITED STATES 8
FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES 8
CUSTODY OF RECORDS; OKLAHOMA HISTORICAL SOCIETY 9
INTERNAL REVENUE CODE 9
INDEPENDENT COUNSEL 10
CONGRESSIONAL PRINTING AND BINDING 11
§ 710. Copies of Acts furnished to Public Printer 11
§ 711. Printing Acts, joint resolutions, and treaties 11
§ 729. United States Statutes at Large: references in margins 11


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iv | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | v	FEDERAL REGISTER AND THE CODE OF FEDERAL REGULATIONS 11
§ 1501. Definitions 12
§ 1502. Custody and printing of Federal documents; appointment of Director 12
§ 1503. Filing documents with Office; notation of time; public inspection; transmission for printing 12
§ 1504. “Federal Register”; printing; contents; distribution; price 12
§ 1505. Documents to be published in Federal Register 13


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§ 1505. Documents to be published in Federal Register 13
§ 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties 13
§ 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity;  
judicial notice; citation 14
§ 1508. Publication in Federal Register as notice of hearing 14
§ 1509. Costs of publication, etc. 14
§ 1510. Code of Federal Regulations 14


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§ 1510. Code of Federal Regulations 14
§ 1511. International agreements excluded from provisions of chapter 15
DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS 15
§ 1714. Publications for use of National Archives and Records Administration 15
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 16
§ 2101. Definitions 16
§ 2102. Establishment 16
§ 2103. Officers 19
§ 2104. Administrative provisions 19
§ 2105. Personnel and services 19
§ 2106. Reports to Congress 20


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§ 2106. Reports to Congress 20
§ 2107. Acceptance of records for historical preservation 20
§ 2107 Note. President John F . Kennedy Assassination Records Collection Act 21
§ 2108. Responsibility for custody, use, and withdrawal of records 31
§ 2109. Preservation, arrangement, duplication, exhibition of records 33
§ 2110. Servicing records 33
§ 2111. Material accepted for deposit 33
§ 2112. Presidential archival depository 35
§ 2113. Depository for agreements between States 38


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§ 2113. Depository for agreements between States 38
§ 2114. Preservation of audio and visual records 38
§ 2115. Reports; correction of violations 38
§ 2116. Legal status of reproductions; official seal; fees for copies and reproductions 39
§ 2117. Limitation on liability 39
§ 2118. Records of Congress 39
§ 2119. Cooperative agreements 39
§ 2120. Online access of Founding Fathers documents 40
PRESIDENTIAL RECORDS 40
§ 2201. Definitions 40
§ 2202. Ownership of Presidential records 41


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§ 2202. Ownership of Presidential records 41
§ 2203. Management and custody of Presidential records 41
§ 2204. Restrictions on access to Presidential records 42
§ 2205. Exceptions to restricted access 43
§ 2206. Regulations 43
§ 2207. Vice-Presidential records 43


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BASIC LAWS and AUTHORITIES  | v	§ 2208. Claims of constitutionally based privilege against disclosure 43
§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts 45
NATIONAL ARCHIVES TRUST FUND BOARD 45
§ 2301. Establishment of Board; membership 45
§ 2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees 45
§ 2303. Powers and obligations of the Board; liability of members 46


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§ 2304. Compensation of members; availability of trust funds for expenses of the Board 46
§ 2305. Acceptance of gifts 46
§ 2306. Investment of funds 46
§ 2307. T rust fund account; disbursements; sales of publications and releases 46
§ 2308. Tax exemption for gifts 46
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION 47
§ 2501. Creation; composition; appointment and tenure; meetings 47
§ 2502. Vacancies 47
§ 2503. Executive director, staff, transportation expenses 47


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§ 2503. Executive director, staff, transportation expenses 47
§ 2504. Duties; authorization of grants for historical publications and records programs;   
authorization for appropriations 48
§ 2505. Special advisory committees; membership; reimbursement 49
§ 2506. Records to be kept by grantees 49
ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS 49
§ 2701. Advisory Committee on the Records of Congress 50
§ 2702. Membership; chairman; meetings 50
§ 2703. Functions of the Committee 50


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§ 2703. Functions of the Committee 50
§ 2704. Powers of the Committee 50
§ 2705. Compensation and travel expenses 50
§ 2706. Administrative provisions 51
RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES 51
§ 2901. Definitions 51
§ 2902. Objectives of records management 53
§ 2903. Custody and control of property 53
§ 2904. General responsibilities for records management 53
§ 2905. Establishment of standards for selective retention of records; security measures 54


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§ 2906. Inspection of agency records 54
§ 2907. Records centers and centralized microfilming services 55
§ 2908. Regulations 55
§ 2909. Retention of records 55
§ 2910. Preservation of Freedmen’s Bureau records 55
§ 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts 55
RECORDS MANAGEMENT BY FEDERAL AGENCIES 56
§ 3101. Records management by agency heads; general duties 56
§ 3102. Establishment of program of management 56


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§ 3102. Establishment of program of management 56
§ 3103. T ransfer of records to records centers 56
§ 3104. Certifications and determinations on transferred records 56
§ 3105. Safeguards 56


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vi | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | vii	§ 3106. Unlawful removal, destruction of records 56
§ 3107. Authority of Comptroller General 57
DISPOSAL OF RECORDS  57
§ 3301. Definition of records 57
§ 3302. Regulations covering lists of records for disposal, procedure for disposal, and standards for reproduction 58
§ 3303. Lists and schedules of records to be submitted to the Archivist by head of each Government agency 58


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§ 3303a. Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records 58
§ 3308. Disposal of similar records where prior disposal was authorized 59
§ 3309. Preservation of claims of Government until settled in Government Accountability Office; disposal authorized 
upon written approval of Comptroller General 59
§ 3310. Disposal of records constituting menace to health, life, or property 59


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§ 3311. Destruction of records outside continental United States in time of war or when hostile action seems imminent; 
written report to Archivist 59
§ 3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in 
evidence 59
§ 3313. Moneys from sale of records payable into the T reasury 60
§ 3314. Procedures for disposal of records exclusive 60
COORDINATION OF FEDERAL INFORMATION POLICY  60
§ 3501 Note. E-Government Act of 2002 60


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§ 3501 Note. E-Government Act of 2002 60
§ 3504. Authority and functions of Director 63
§ 3511. Establishment and operation of Government Information Locator Service 65
§ 3515. Administrative powers 66
MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES  66
§ 3603. Chief Information Officers Council 66
ATOMIC ENERGY DEFENSE PROVISIONS 67
§ 2672. Protection against inadvertent release of restricted data and formerly restricted data 67


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§ 2673. Supplement to plan for declassification of restricted data and formerly restricted data 68
DOCUMENTS RELATING TO JAPANESE INTERNMENT 69
NAZI WAR CRIMES DISCLOSURE ACT 69
DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT 72
PUBLIC INTEREST DECLASSIFICATION ACT OF 2000, AS AMENDED 74
NON-NARA STATUTES 80
Access to Classified Information 80
Administrative Dispute Resolution Act 80
Administrative Procedure Act 80
Americans with Disabilities Act of 1990 80
Anti-Deficiency Act 81


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Anti-Deficiency Act 81
Anti-Nepotism Act 81
Augmentation Prohibition 81
Debt Collection Act of 1982 81
Debt Collection Improvement Act of 1996 81
Depository Library Program 82


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BASIC LAWS and AUTHORITIES  | vii	Economy in Government Act 82
Electronic Freedom of Information Act Amendments of 1996 82
Emergency Preparedness 82
Equal Access to Justice Act 82
Ethics in Government Act Of 1978 83
Ethics in Government Act Amendments Of 1982 83
Ethics in Government Act Amendments Of 1985 83
Ethics in Government Act Amendments Of 1990 83
Ethics Reform Act Of 1989 83
Executive and Judiciary Printing and Binding 83
Federal Activities Inventory Reform Act 84
Federal Advisory Committee Act 84


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Federal Advisory Committee Act 84
Federal Tort Claims Act 84
Government in the Sunshine Act 84
Government Paperwork Elimination Act 85
Government Performance and Results Act 85
Hobby Protection Act 85
Information Technology Management Reform Act 85
Paperwork Reduction Act 86
Pay Rates and Systems 86
Public Printing and Documents 86
Regulatory Negotiation Act 86
Rehabilitation Act 87
Use of Government Vehicles 87
Whistleblower Protection Act of 1989 87
Whistleblower Protection Laws 87


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Whistleblower Protection Laws 87
1952 EXCHANGE OF CORRESPONDENCE BETWEEN THE DIRECTOR OF  
THE BUREAU OF CENSUS AND THE ARCHIVIST OF THE UNITED STATES  88
EXECUTIVE ORDERS 90
Executive Order 11440—Providing for the Supplemental Use of Exhibits and Displays Created in Furtherance of 
Authorized Programs of Executive Departments and Agencies 90
Executive Order 12600—Predisclosure Notification Procedures for Confidential Commercial Information 92
Executive Order 12829—National Industrial Security Program 94


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Executive Order 12829—National Industrial Security Program 94
Executive Order 12937—Declassification of Selected Records 98
Executive Order 12968—Access to Classified Information  Within the National Archives of the United States  99
Executive Order 13467—Reforming Processes Related to Suitability for Government Employment,  
Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information 108
Executive Order 13489—Presidential Records 113


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Executive Order 13489—Presidential Records 113
Executive Order 13526—Classified National Security Information 115
THE FREEDOM OF INFORMATION ACT 137
5 U.S.C. § 552, As Amended 
THE PRIVACY ACT OF 1974 147
5 U.S.C. § 552a, As Amended


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BASIC LAWS and AUTHORITIES  | 1	ACTS and RESOLUTIONS; FORMALITIES of ENACTMENT;  
REPEALS; SEALING of INSTRUMENTS
(1 U.S.C. Chapter 2)
§ 106A. PROMULGATION OF LAWS
Whenever a bill, order, resolution, or vote of the Senate 
and House of Representatives, having been approved by 
the President, or not having been returned by him with 
his objections, becomes a law or takes effect, it shall 
forthwith be received by the Archivist of the United States 
from the President; and whenever a bill, order, resolution,


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from the President; and whenever a bill, order, resolution, 
or vote is returned by the President with his objections, 
and, on being reconsidered, is agreed to be passed, and is 
approved by two-thirds of both Houses of Congress, and 
thereby becomes a law or takes effect, it shall be received 
by the Archivist of the United States from the President 
of the Senate, or Speaker of the House of Representatives 
in whichsoever House it shall last have been so approved,


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in whichsoever House it shall last have been so approved, 
and he shall carefully preserve the originals.
§ 106B. AMENDMENTS TO CONSTITUTION
Whenever official notice is received at the National 
Archives and Records Administration that any 
amendment proposed to the Constitution of the United 
States has been adopted, according to the provisions of 
the Constitution, the Archivist of the United States shall 
forthwith cause the amendment to be published, with his


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forthwith cause the amendment to be published, with his 
certificate, specifying the States by which the same may 
have been adopted, and that the same has become valid, 
to all intents and purposes, as a part of the Constitution 
of the United States.
§ 112.  STATUTES AT LARGE; CONTENTS; 
ADMISSIBILITY IN EVIDENCE
The Archivist of the United States shall cause to be 
compiled, edited, indexed, and published, the United 
States Statutes at Large, which shall contain all the laws


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States Statutes at Large, which shall contain all the laws 
and concurrent resolutions enacted during each regular 
session of Congress; all proclamations by the President 
in the numbered series issued since the date of the 
adjournment of the regular session of Congress next preceding; and also any amendments to the Constitution 
of the United States proposed or ratified pursuant 
to article V thereof since that date, together with the 
certificate of the Archivist of the United States issued in


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certificate of the Archivist of the United States issued in 
compliance with the provision contained in section 106b 
of this title. In the event of an extra session of Congress, 
the Archivist of the United States shall cause all the laws 
and concurrent resolutions enacted during said extra 
session to be consolidated with, and published as part of, 
the contents of the volume for the next regular session. 
The United States Statutes at Large shall be legal evidence


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The United States Statutes at Large shall be legal evidence 
of laws, concurrent resolutions, treaties, international 
agreements other than treaties, proclamations by the 
President, and proposed or ratified amendments to the 
Constitution of the United States therein contained, in all 
the courts of the United States, the several States, and the 
Territories and insular possessions of the United States.
§ 113.  “LITTLE AND BROWN ’S” EDITION OF 
LAWS AND TREATIES; SLIP LAWS; TREATIES


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LAWS AND TREATIES; SLIP LAWS; TREATIES 
AND OTHER INTERNATIONAL ACTS SERIES; 
ADMISSIBILITY IN EVIDENCE
The edition of the laws and treaties of the United States, 
published by Little and Brown, and the publications in 
slip or pamphlet form of the laws of the United States 
issued under the authority of the Archivist of the United 
States, and the Treaties and Other International Acts 
Series issued under the authority of the Secretary of State 
shall be competent evidence of the several public and


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shall be competent evidence of the several public and 
private Acts of Congress, and of the treaties, international 
agreements other than treaties, and proclamations by the 
President of such treaties and international agreements 
other than treaties, as the case may be, therein contained, 
in all the courts of law and equity and of maritime 
jurisdiction, and in all the tribunals and public offices of 
the United States, and of the several States, without any 
further proof or authentication thereof.


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2 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 3	(1 U.S.C. Chapter 3)
§ 201. PUBLICATION AND DISTRIBUTION 
OF CODE OF LAWS OF UNITED STATES AND 
SUPPLEMENTS AND DISTRICT OF COLUMBIA 
CODE AND SUPPLEMENTS
In order to avoid duplication and waste—
(a) Publishing in slip or pamphlet form or in Statutes at 
Large.—Publication in slip or pamphlet form or in the 
Statutes at Large of any of the volumes or publications 
enumerated in sections 202 and 203 of this title, shall,


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enumerated in sections 202 and 203 of this title, shall, 
in event of enactment, be dispensed with whenever the 
Committee on the Judiciary of the House of Represen -
tatives so directs the Archivist of the United States;
(b) Curtailing number of copies published.—Curtail -
ment of the number provided by law to be printed and distributed of the volumes or publications enumerated 
in sections 202 and 203 of this title may be directed by 
such committee, except that the Director of the Gov -


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such committee, except that the Director of the Gov -
ernment Publishing Office shall print such numbers 
as are necessary for depository library distribution and 
for sale; and
(c) Dispensing with publication of more than one Supple -
ment for each Congress.—Such committee may direct 
that the printing and distribution of any supplement to 
the Code of Laws of the United States or to the Code of 
the District of Columbia be dispensed with entirely, ex -


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the District of Columbia be dispensed with entirely, ex -
cept that there shall be printed and distributed for each 
Congress at least one supplement to each such code, 
containing the legislation of such Congress.
PRESIDENTIAL ELECTIONS  and VACANCIES
(3 U.S.C. Chapter 1)
§ 6. CREDENTIALS OF ELECTORS; 
TRANSMISSION TO ARCHIVIST OF THE 
UNITED STATES AND TO CONGRESS; PUBLIC 
INSPECTION
It shall be the duty of the executive of each State, as soon 
as practicable after the conclusion of the appointment of


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as practicable after the conclusion of the appointment of 
the electors in such State by the final ascertainment, under 
and in pursuance of the laws of such State providing for 
such ascertainment, to communicate by registered mail 
under the seal of the State to the Archivist of the United 
States a certificate of such ascertainment of the electors 
appointed, setting forth the names of such electors and 
the canvass or other ascertainment under the laws of such


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the canvass or other ascertainment under the laws of such 
State of the number of votes given or cast for each person 
for whose appointment any and all votes have been given 
or cast; and it shall also thereupon be the duty of the 
executive of each State to deliver to the electors of such 
State, on or before the day on which they are required by 
section 7 of this title to meet, six duplicate-originals of the 
same certificate under the seal of the State; and if there


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same certificate under the seal of the State; and if there 
shall have been any final determination in a State in the 
manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors 
of such State, it shall be the duty of the executive of such 
State, as soon as practicable after such determination, to 
communicate under the seal of the State to the Archivist 
of the United States a certificate of such determination in


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of the United States a certificate of such determination in 
form and manner as the same shall have been made; and 
the certificate or certificates so received by the Archivist of 
the United States shall be preserved by him for one year 
and shall be a part of the public records of his office and 
shall be open to public inspection; and the Archivist of the 
United States at the first meeting of Congress thereafter 
shall transmit to the two Houses of Congress copies in


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shall transmit to the two Houses of Congress copies in 
full of each and every such certificate so received at the 
National Archives and Records Administration.
§ 11. DISPOSITION OF CERTIFICATES
The electors shall dispose of the certificates so made by 
them and the lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail 
one of the same to the President of the Senate at the seat 
of government.
Second. T wo of the same shall be delivered to the sec -


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BASIC LAWS and AUTHORITIES  | 3	retary of state of the State, one of which shall be held 
subject to the order of the President of the Senate, the 
other to be preserved by him for one year and shall be a 
part of the public records of his office and shall be open 
to public inspection.
Third. On the day thereafter they shall forward by reg -
istered mail two of such certificates and lists to the Archi -
vist of the United States at the seat of government, one of


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vist of the United States at the seat of government, one of 
which shall be held subject to the order of the President of 
the Senate. The other shall be preserved by the Archivist 
of the United States for one year and shall be a part of the 
public records of his office and shall be open to public 
inspection.
Fourth. They shall forthwith cause the other of the cer -
tificates and lists to be delivered to the judge of the district 
in which the electors shall have assembled.


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in which the electors shall have assembled.
§ 12. FAILURE OF CERTIFICATES OF 
ELECTORS TO REACH PRESIDENT OF 
THE SENATE OR ARCHIVIST OF THE 
UNITED STATES; DEMAND ON STATE FOR 
CERTIFICATE
When no certificate of vote and list mentioned in 
sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the 
Archivist of the United States by the fourth Wednesday 
in December, after the meeting of the electors shall have


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in December, after the meeting of the electors shall have 
been held, the President of the Senate or, if he be absent 
from the seat of government, the Archivist of the United 
States shall request, by the most expeditious method 
available, the secretary of state of the State to send up the 
certificate and list lodged with him by the electors of such 
State; and it shall be his duty upon receipt of such request 
immediately to transmit same by registered mail to the


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immediately to transmit same by registered mail to the 
President of the Senate at the seat of government.
§ 13. SAME; DEMAND ON DISTRICT JUDGE 
FOR CERTIFICATE
When no certificates of votes from any State shall have 
been received at the seat of government on the fourth 
Wednesday in December, after the meeting of the electors 
shall have been held, the President of the Senate or, if he 
be absent from the seat of government, the Archivist of 
the United States shall send a special messenger to the


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the United States shall send a special messenger to the 
district judge in whose custody one certificate of votes 
from that State has been lodged, and such judge shall 
forthwith transmit that list by the hand of such messenger 
to the seat of government.
FORMER PRESIDENTS ACT
(3 U.S.C. § 102 note)
(a) Each former President shall be entitled for the remainder 
of his life to receive from the United States a monetary 
allowance at a rate per annum, payable monthly by the


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allowance at a rate per annum, payable monthly by the 
Secretary of the Treasury, which is equal to the annual rate 
of basic pay, as in effect from time to time, of the head of an 
executive department, as defined in section 101 of title 5, 
United States Code [section 101 of Title 5]. However, such 
allowance shall not be paid for any period during which 
such former President holds an appointive or elective 
office or position in or under the Federal Government or


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office or position in or under the Federal Government or 
the government of the District of Columbia to which is 
attached a rate of pay other than a nominal rate.
(b) The Administrator of General Services shall, 
without regard to the civil-service and classification laws, provide for each former President an office staff. 
Persons employed under this subsection shall be selected 
by the former President and shall be responsible only 
to him for the performance of their duties. Each former


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to him for the performance of their duties. Each former 
President shall fix basic rates of compensation for 
persons employed for him under this paragraph which 
in the aggregate shall not exceed $96,000 per annum, 
except that for the first 30-month period during 
which a former President is entitled to staff assistance 
under this subsection, such rates of compensation in 
the aggregate shall not exceed $150,000 per annum. 
The annual rate of compensation payable to any such


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The annual rate of compensation payable to any such 
person shall not exceed the highest annual rate of basic 
pay now or hereafter provided by law for positions at


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The annual rate of compensation payable to any such 
person shall not exceed the highest annual rate of basic 
pay now or hereafter provided by law for positions at 
level II of the Executive Schedule under section 5313


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4 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 5	of title 5. United States Code [section 5313 of Title 5. 
Government Organization and Employees]. Amounts 
provided for ‘Allowances and Office Staff for Former 
Presidents’ may be used to pay fees of an independent 
contractor who is not a member of the staff of the office 
of a former President for the review of Presidential 
records of a former President in connection with 
the transfer of such records to the National Archives


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the transfer of such records to the National Archives 
and Records Administration or a Presidential Library 
without regard to the limitation on staff compensation 
set forth herein.
(c) The Administrator of General Services shall 
furnish for each former President suitable office space 
appropriately furnished and equipped, as determined by 
the Administrator, at such place within the United States 
as the former President shall specify.
(d) [Repealed. Pub.L. 86-682, § 12(c), Sept. 2, 1960, 74


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(d) [Repealed. Pub.L. 86-682, § 12(c), Sept. 2, 1960, 74 
Stat. 730. See sections 3214 and 3216 of Title 39.]
(e) The widow of each former President shall be entitled 
to receive from the United States a monetary allowance 
at a rate of $20,000 per annum, payable monthly by the 
Secretary of the Treasury, if such widow shall waive the 
right to each other annuity or pension to which she is 
entitled under any other Act of Congress. The monetary 
allowance of such widow—


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allowance of such widow—
(1) commences on the day after the former President 
dies;
(2) terminates on the last day of the month before 
such widow
(A) dies; or(B) remarries before becoming 60 years of age; and
(3) is not payable for any period during which such 
widow holds an appointive or elective office or po -
sition in or under the Federal Government or the 
government of the District of Columbia to which 
is attached a rate of pay other than a nominal rate.


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is attached a rate of pay other than a nominal rate.
(f) As used in this section, the term ‘former President’ 
means a person—
(1) who shall have held the office of President of the 
United States of America;
(2) whose service in such office shall have terminated 
other than by removal pursuant to section 4 of 
article II of the Constitution of the United States 
of America; and
(3) who does not then currently hold such office.
(g) There are authorized to be appropriated to the


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(g) There are authorized to be appropriated to the 
Administrator of General Services up to $1,000,000 for 
each former President and up to $500,000 for the spouse 
of each former President each fiscal year for security and 
travel related expenses: Provided , That under the provisions 
set forth in section 3056, paragraph (a), subparagraph 
(3) of title 18, United States Code [section 3056(a)(3) 
of Title 18, Crimes and Criminal Procedure], the former


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of Title 18, Crimes and Criminal Procedure], the former 
President and/or spouse was not receiving protection for 
a lifetime provided by the United States Secret Service 
under section 3056 paragraph (a) subparagraph (3) of 
title 18, United States Code; the protection provided by 
the United States Secret Service expired at its designated 
time; or the protection provided by the United States 
Secret Service was declined prior to authorized expiration 
in lieu of these funds.
OFFICIAL TERRITORIAL PAPERS


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in lieu of these funds.
OFFICIAL TERRITORIAL PAPERS
(4 U.S.C. Chapter 5)
Sec.
141. Collection, preparation, and publication.
142. Appointment of experts.
143. Employment and utilization of other personnel; cost 
of copy reading and indexing.
144. Cooperation of departments and agencies.145. Printing and distribution.
146. Authorization of appropriations.
§ 141. COLLECTION, PREPARATION AND 
PUBLICATION
The Archivist of the United States, hereinafter referred


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BASIC LAWS and AUTHORITIES  | 5	to in this chapter as the “Archivist”, shall continue to 
completion the work of collecting, editing, copying, 
and suitably arranging for issuance as a Government 
publication, the official papers relating to the Territories 
from which States of the United States were formed, in the 
national archives, as listed in Parker’s “Calendar of Papers 
in Washington Archives Relating to the Territories of the 
United States (to 1873)”, being publication numbered


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United States (to 1873)”, being publication numbered 
148 of the Carnegie Institution of Washington, together 
with such additional papers of like character which may 
be found.
§ 142.  APPOINTMENT OF EXPERTS
For the purpose of carrying on the work prescribed by 
section 141 of this title, the Archivist, without regard to 
the Classification Act of 1949 and the civil service laws 
and regulations thereunder, may engage the services, 
either in or outside of the District of Columbia, of not to


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either in or outside of the District of Columbia, of not to 
exceed five historical experts who are especially informed 
on the various phases of the territorial history of the 
United States and are especially qualified for the editorial 
work necessary in arranging such territorial papers for 
publication.
§ 143. EMPLOYMENT AND UTILIZATION 
OF OTHER PERSONNEL; COST OF COPY 
READING AND INDEXING
(a) In carrying out his functions under this chapter, the


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(a) In carrying out his functions under this chapter, the 
Archivist may employ such clerical assistants as may be 
necessary.
(b) The work of copy reading and index making for the 
publication of the papers described in section 141 of this 
title shall be done by the regular editorial staff of the Na -
tional Archives and Records Administration, and the cost 
of this particular phase of the work (prorated each month 
according to the number of hours spent and the annual


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according to the number of hours spent and the annual 
salaries of the clerks employed) shall be charged against 
the annual appropriations made under section 146 of this 
title.
§ 144. COOPERATION OF DEPARTMENTS 
AND AGENCIES
The heads of the several executive departments and 
independent agencies and establishments shall cooperate 
with the Archivist in the work prescribed by section 141 of this title by permitting access to any records deemed 
by him to be necessary to the completion of such work.


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by him to be necessary to the completion of such work.
§ 145. PRINTING AND DISTRIBUTION
(a) The Director of the Government Publishing Office 
shall print and bind each volume of the official papers 
relating to the Territories of the United States as provided 
for in this chapter, of which—
(1) four hundred and twenty copies shall be deliv -
ered to the Superintendent of Documents, Gov -
ernment Printing Office, for distribution, on the 
basis of one copy each, and as directed by the


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basis of one copy each, and as directed by the 
Archivist, to those historical associations, com -
missions, museums, or libraries and other nonde -
pository libraries, not to exceed eight in number 
within each State, Territory, or Possession, which 
have been or may be designated by the Governor 
thereof to receive such copies;
(2) one hundred copies shall be delivered to the Na -
tional Archives and Records Administration for 
the use of that Administration; and


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the use of that Administration; and
(3) one hundred copies shall be delivered to the Su -
perintendent of Documents for distribution in 
such manner and number as may be authorized 
and directed by the Joint Committee on Printing.
(b) The historical associations, commissions, muse -
ums, or libraries and other nondepository libraries with -
in each State, Territory, or Possession which have been 
or may be designated by the Governor thereof to receive


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or may be designated by the Governor thereof to receive 
the publications referred to in subsection (a) of this sec -
tion, shall, during their existence, receive the succeeding 
volumes, the distribution of which shall be made by the 
Superintendent of Documents in accordance with lists 
of designations transmitted to him by the Archivist. A 
new designation may be made to the Archivist by the 
Governor only when a designated association, commis -
sion, museum, or library shall cease to exist, or when


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sion, museum, or library shall cease to exist, or when 
authorized by law.
§ 146. AUTHORIZATION OF 
APPROPRIATIONS


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Governor only when a designated association, commis -
sion, museum, or library shall cease to exist, or when 
authorized by law.
§ 146. AUTHORIZATION OF 
APPROPRIATIONS
For the purposes of this chapter, there are authorized to 
be appropriated, out of any money in the Treasury not 
otherwise appropriated, sums of not more than $50,000 
for any one fiscal year.


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6 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 7	INSPECTOR GENERAL ACT of 1978
(5 U.S.C. App. 3)
§ 8G. REQUIREMENTS FOR FEDERAL 
ENTITIES AND DESIGNATED FEDERAL 
ENTITIES
(a) * * *
(1) the term “Federal entity” means any Government 
corporation (within the meaning of section 103(1) of title 
5, United States Code), any Government controlled cor -
poration (within the meaning of section 103(2) of such 
title), or any other entity in the Executive branch of the


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title), or any other entity in the Executive branch of the 
Government, or any independent regulatory agency, but 
does not include—
(A) an establishment (as defined under section 12(2) 
of this Act) or part of an establishment;
(B) a designated Federal entity (as defined under 
paragraph (2) of this subsection) or part of a des -
ignated Federal entity;
(C) the Executive Office of the President;
(D) the Central Intelligence Agency;
(E) the Government Accountability Office; or


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(E) the Government Accountability Office; or
(F) any entity in the judicial or legislative branches 
of the Government, including the Administrative 
Office of the United States Courts and the Archi -
tect of the Capitol and any activities under the 
direction of the Architect of the Capitol;
(2) the term “designated Federal entity” means. . . the 
National Archives and Records Administration . . . 
* * *
(b) No later than 180 days after the date of the enact -


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* * *
(b) No later than 180 days after the date of the enact -
ment of this section [Oct. 18, 1988], there shall be estab -
lished and maintained in each designated Federal entity 
an Office of Inspector General. The head of the designat -
ed Federal entity shall transfer to such office the offices, 
units, or other components, and the functions, powers, 
or duties thereof, that such head determines are properly 
related to the functions of the Office of Inspector General


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related to the functions of the Office of Inspector General 
and would, if so transferred, further the purposes of this 
section. There shall not be transferred to such office any 
program operating responsibilities(c) Except as provided under subsection (f) of this 
section, the Inspector General shall be appointed by 
the head of the designated Federal entity in accordance 
with the applicable laws and regulations governing ap -
pointments within the designated Federal entity. Each


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pointments within the designated Federal entity. Each 
Inspector General shall be appointed without regard to 
political affiliation and solely on the basis of integrity 
and demonstrated ability in accounting, auditing, finan -
cial analysis, law, management analysis, public adminis -
tration, or investigations. For purposes of implementing 
this section, the Chairman of the Board of Governors 
of the Federal Reserve System shall appoint the Inspec -
tor General of the Board of Governors of the Federal


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tor General of the Board of Governors of the Federal 
Reserve System and the Bureau of Consumer Financial 
Protection. The Inspector General of the Board of Gov -
ernors of the Federal Reserve System and the Bureau of 
Consumer Financial Protection shall have all of the au -
thorities and responsibilities provided by this Act with 
respect to the Bureau of Consumer Financial Protection, 
as if the Bureau were part of the Board of Governors of 
the Federal Reserve System.


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the Federal Reserve System.
(d)(1) Each Inspector General shall report to and be 
under the general supervision of the head of the desig -
nated Federal entity, but shall not report to, or be subject 
to supervision by, any other officer or employee of such 
designated Federal entity. Except as provided in paragraph 
(2), the head of the designated Federal entity shall not 
prevent or prohibit the Inspector General from initiating, 
carrying out, or completing any audit or investigation, or


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carrying out, or completing any audit or investigation, or 
from issuing any subpena during the course of any audit 
or investigation.
(2)(A) The Secretary of Defense, in consultation with 
the Director of National Intelligence, may prohibit the 
inspector general of an element of the intelligence com -
munity specified in subparagraph (D) from initiating, 
carrying out, or completing any audit or investigation if 
the Secretary determines that the prohibition is necessary


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the Secretary determines that the prohibition is necessary 
to protect vital national security interests of the United


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carrying out, or completing any audit or investigation if 
the Secretary determines that the prohibition is necessary 
to protect vital national security interests of the United 
States.
(B) If the Secretary exercises the authority under 
subparagraph (A), the Secretary shall submit to


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BASIC LAWS and AUTHORITIES  | 7	the committees of Congress specified in subpara -
graph (E) an appropriately classified statement 
of the reasons for the exercise of such authority 
not later than 7 days after the exercise of such 
authority.
(C) At the same time the Secretary submits under 
subparagraph (B) a statement on the exercise of 
the authority in subparagraph (A) to the commit -
tees of Congress specified in subparagraph (E), 
the Secretary shall notify the inspector general of


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the Secretary shall notify the inspector general of 
such element of the submittal of such statement 
and, to the extent consistent with the protection 
of intelligence sources and methods, provide such 
inspector general with a copy of such statement. 
Such inspector general may submit to such com -
mittees of Congress any comments on a notice or 
statement received by the inspector general under 
this subparagraph that the inspector general con -
siders appropriate.


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siders appropriate.
(D) The elements of the intelligence community 
specified in this subparagraph are as follows:
(i) The Defense Intelligence Agency.
(ii) The National Geospatial-Intelligence Agency.
(iii) The National Reconnaissance Office.(iv) The National Security Agency.
(E) The committees of Congress specified in this sub -
paragraph are—
(i) the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services and the Per -


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(ii) the Committee on Armed Services and the Per -
manent Select Committee on Intelligence of the 
House of Representatives.
(e)(1) In the case of a designated Federal entity for 
which a board or commission is the head of the 
designated Federal entity, a removal under this 
subsection may only be made upon the written 
concurrence of a ⅔ majority of the board or com -
mission.
(2) If an Inspector General is removed from office or is 
transferred to another position or location within a des -


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transferred to another position or location within a des -
ignated Federal entity, the head of the designated Federal 
entity shall communicate in writing the reasons for any 
such removal or transfer to both Houses of Congress, not 
later than 30 days before the removal or transfer. Nothing 
in this subsection shall prohibit a personnel action oth -
erwise authorized by law, other than transfer or removal.
* * * 
CONCEALMENT , REMOVAL,  
or MUTILATION of RECORDS 
(18 U.S.C. § 2071)


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or MUTILATION of RECORDS 
(18 U.S.C. § 2071)
(a) Whoever willfully and unlawfully conceals, removes, 
mutilates, obliterates, or destroys, or attempts to do so, 
or, with intent to do so takes and carries away any record, 
proceeding, map, book, paper, document, or other thing, 
filed or deposited with any clerk or officer of any court of the 
United States, or in any public office, or with any judicial 
or public officer of the United States, shall be fined under


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or public officer of the United States, shall be fined under 
this title or imprisoned not more than three years, or both.  
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other 
thing, willfully and unlawfully conceals, removes, 
mutilates, obliterates, falsifies, or destroys the same, 
shall be fined under this title or imprisoned not more 
than three years, or both; and shall forfeit his office 
and be disqualified from holding any office under the


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and be disqualified from holding any office under the 
United States. As used in this subsection, the term 
“office” does not include the office held by any person 
as a retired officer of the Armed Forces of the United 
States.


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8 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 9	DISSEMINATION of INFORMATION  
WITHIN the UNITED STATES
(22 U.S.C. § 1461-1a)
§ 1461-1A
(a) In general
No funds authorized to be appropriated to the 
Department of State or the Broadcasting Board of 
Governors shall be used to influence public opinion in the 
United States. This section shall apply only to programs 
carried out pursuant to the United States Information 
and Educational Exchange Act of 1948 (22 U.S.C. 1431


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and Educational Exchange Act of 1948 (22 U.S.C. 1431 
et seq.), the United States International Broadcasting Act 
of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting 
to Cuba Act (22 U.S.C. 1465 et seq.), and the Television 
Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). 
This section shall not prohibit or delay the Department 
of State or the Broadcasting Board of Governors from 
providing information about its operations, policies, 
programs, or program material, or making such available,


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programs, or program material, or making such available, 
to the media, public, or Congress, in accordance with 
other applicable law.
(b) Rule of construction
Nothing in this section shall be construed to prohibit the Department of State or the Broadcasting Board of 
Governors from engaging in any medium or form of 
communication, either directly or indirectly, because a 
United States domestic audience is or may be thereby 
exposed to program material, or based on a presumption


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exposed to program material, or based on a presumption 
of such exposure. Such material may be made available 
within the United States and disseminated, when 
appropriate, pursuant to sections 1462 and 1437 of this 
title except that nothing in this section may be construed 
to authorize the Department of State or the Broadcasting 
Board of Governors to disseminate within the United 
States any program material prepared for dissemination 
abroad on or before the effective date of section 1078 of


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abroad on or before the effective date of section 1078 of 
the National Defense Authorization Act for Fiscal Year 
2013.
(c) Application
The provisions of this section shall apply only to the 
Department of State and the Broadcasting Board of 
Governors and to no other department or agency of the 
Federal Government.
FOREIGN RELATIONS of the   
UNITED STATES HISTORICAL SERIES
(22 U.S.C. § 4352)
§ 4352. RESPONSIBILITY FOR PREPARATION 
OF FRUS SERIES
(a) In general


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OF FRUS SERIES
(a) In general
(1)(A) The Historian of the Department of State shall 
be responsible for the preparation of the FRUS series, 
including the selection of records, in accordance with the 
provisions of this chapter.(B) The Advisory Committee on Historical Diplomatic 
Documentation shall review records, and shall 
advise and make recommendations to the Historian 
concerning all aspects of preparation and publication 
of the FRUS series, including, in accordance with the


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of the FRUS series, including, in accordance with the 
procedures contained in section 4353 of this title, the 
review and selection of records for inclusion in volumes 
of the series.


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BASIC LAWS and AUTHORITIES  | 9	 (2) Other departments, agencies, and other entities of 
the United States Government shall cooperate with the 
Office of the Historian by providing full and complete 
access to the records pertinent to United States foreign 
policy decisions and actions and by providing copies 
of selected records in accordance with the procedures 
developed under section 4353 of this title, except that 
no access to any record, and no provision of any copy


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no access to any record, and no provision of any copy 
of a record, shall be required in the case of any record 
that was prepared less than 26 years before the date of 
a request for such access or copy made by the Office of 
the Historian.(b) National Archives and Records Administration
Notwithstanding any other provision of this chapter, 
the requirement for the National Archives and Records 
Administration to provide access to, and copies of, 
records to the Department of State for the FRUS series


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records to the Department of State for the FRUS series 
shall be governed by chapter 21 of Title 44, by any 
agreement concluded between the Department of State 
and the National Archives and Records Administration, 
and, in the case of Presidential records, by section 2204 
of such title.
CUSTODY of RECORDS;  
OKLAHOMA HISTORICAL SOCIETY
(25 U.S.C. § 199a)
§ 199 a. CUSTODY OF RECORDS; OKLAHOMA 
HISTORICAL SOCIETY
Title to records of Indian tribes heretofore placed with the


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Title to records of Indian tribes heretofore placed with the 
Oklahoma Historical Society of the State of Oklahoma 
by the Secretary of the Interior shall remain vested in 
the United States and such records shall be held by the 
said society under rules and regulations prescribed by the 
Archivist of the United States: Provided, That copies of 
any such records, documents, books, or papers held by 
the said society when certified by the secretary or chief


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the said society when certified by the secretary or chief 
clerk thereof under its seal, or by the officer or person 
acting as secretary or chief clerk, shall be evidence equally with the original, and in making such certified copies the 
said secretary or acting secretary and the said chief clerk 
or acting chief clerk shall be acting as a Federal agent, 
and such certified copies shall have the same force and 
effect as if made by the Archivist of the United States as


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effect as if made by the Archivist of the United States as 
provided in section 2112(b) of Title 44: Provided further, 
That whenever such certified copies are desired for official 
use by the Federal Government they shall be furnished 
without cost: Provided further, That any such records 
held by the said society shall be promptly returned to the 
government official designated by the Archivist of the 
United States upon his request therefor.
INTERNAL REVENUE CODE
(26 U.S.C. § 6103)


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INTERNAL REVENUE CODE
(26 U.S.C. § 6103)
§ 6103 CONFIDENTIALITY AND DISCLOSURE 
OF RETURNS AND RETURN INFORMATION
***
(l)(17) Disclosure to National Archives and Records 
Administration The Secretary shall, upon written request from the 
Archivist of the United States, disclose or authorize the 
disclosure of returns and return information to officers 
and employees of the National Archives and Records 
Administration for purposes of, and only to the extent


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Administration for purposes of, and only to the extent 
necessary in, the appraisal of records for destruction or


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10 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 11	retention. No such officer or employee shall, except to 
the extent authorized by subsection (f), (i)(8), or (p), 
disclose any return or return information disclosed 
under the preceding sentence to any person other than 
to the Secretary, or to another officer or employee of the National Archives and Records Administration whose 
official duties require such disclosure for purposes of such 
appraisal.
***
INDEPENDENT COUNSEL


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appraisal.
***
INDEPENDENT COUNSEL
(28 U.S.C. § 594)  
The Independent Counsel Act expired in 1999, however, this section remains in effect per 28 U.S.C. ∆ 599.
§ 594. AUTHORITY AND DUTIES OF AN 
INDEPENDENT COUNSEL
* * *
(k) Custody of records of an independent counsel.
(1) T ransfer of records.
Upon termination of the office of an independent 
counsel, that independent counsel shall transfer to 
the Archivist of the United States all records which


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the Archivist of the United States all records which 
have been created or received by that office. Before this 
transfer, the independent counsel shall clearly identify 
which of these records are subject to rule 6(e) of the 
Federal Rules of Criminal Procedure as grand jury ma -
terials and which of these records have been classified 
as national security information. Any records which 
were compiled by an independent counsel and, upon 
termination of the independent counsel’s office, were


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termination of the independent counsel’s office, were 
stored with the division of the court or elsewhere be -
fore the enactment of the Independent Counsel Re -
authorization Act of 1987, shall also be transferred to 
the Archivist of the United States by the division of 
the court or the person in possession of such records.
(2) Maintenance, use, and disposal of records.
Records transferred to the Archivist under this chapter 
shall be maintained, used, and disposed of in accor -


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shall be maintained, used, and disposed of in accor -
dance with chapters 21, 29, and 33 of title 44.
(3) Access to records.
(A) In general.Subject to paragraph (4), access to the records trans -
ferred to the Archivist under this chapter shall be gov -
erned by section 552 of title 5.
(B) Access by Department of Justice.
The Archivist shall, upon written application by the At -
torney General, disclose any such records to the Depart -
ment of Justice for purposes of an ongoing law enforce -


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ment of Justice for purposes of an ongoing law enforce -
ment investigation or court proceeding, except that, in 
the case of grand jury materials, such records shall be so 
disclosed only by order of the court of jurisdiction under 
rule 6(e) of the Federal Rules of Criminal Procedure.
(C) Exception.
Notwithstanding any restriction on access imposed by 
law, the Archivist and persons employed by the Na -
tional Archives and Records Administration who are


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tional Archives and Records Administration who are 
engaged in the performance of normal archival work 
shall be permitted access to the records transferred to 
the Archivist under this chapter.
(4) Records provided by Congress.
Records of an investigation conducted by a committee 
of the House of Representatives or the Senate which 
are provided to an independent counsel to assist in an 
investigation or prosecution conducted by that inde -
pendent counsel—


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pendent counsel—
(A) shall be maintained as a separate body of records 
within the records of the independent counsel; and
(B) shall, after the records have been transferred to the 
Archivist under this chapter, be made available, except 
as provided in paragraph (3)(B) and (C), in accor -


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BASIC LAWS and AUTHORITIES  | 11	dance with the rules governing release of the records 
of the House of Congress that provided the records to 
the independent counsel. 
Subparagraph (B) shall not apply to those records which have been surrendered pursuant to grand jury 
or court proceedings.
* * *
CONGRESSIONAL PRINTING and BINDING
(44 U.S.C. Chapter 7)
§ 710. COPIES OF ACTS FURNISHED TO 
PUBLIC PRINTER
The Archivist of the United States shall furnish to 
the Director of the Government Publishing Office


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the Director of the Government Publishing Office 
a copy of every Act and joint resolution, as soon as 
possible after its approval by the President, or after it 
has become a law under the Constitution without his 
approval.
§ 711.  PRINTING ACTS, JOINT RESOLUTIONS, 
AND TREATIES
The Director of the Government Publishing Office, on 
receiving from the Archivist of the United States a copy of 
an Act or joint resolution, or from the Secretary of State, a


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an Act or joint resolution, or from the Secretary of State, a 
copy of a treaty, shall print an accurate copy and transmit 
it in duplicate to the Archivist of the United States or to 
the Secretary of State, as the case may be, for revision. On the return of one of the revised duplicates, he shall make 
the marked corrections and print the number specified by 
section 709 of this title.
§ 729. UNITED STATES STATUTES AT LARGE: 
REFERENCES IN MARGINS
The Archivist of the United States shall include in the


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The Archivist of the United States shall include in the 
references in margins of the United States
Statutes at Large the number of the bill or joint resolution 
(designating S. for Senate bill, H.R. for House bill, S.J. 
Res. for Senate joint resolution and H.J. Res. for House 
joint resolutions, as the case may be) under which each 
Act was approved and became a law, the reference in the 
margins to be placed within brackets immediately under 
the date of the approval of the Act at the beginning of


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the date of the approval of the Act at the beginning of 
each Act as printed beginning with Volume 32 of the 
United States Statutes at Large.
FEDERAL REGISTER and the   
CODE of FEDERAL REGULATIONS
(44 U.S.C. Chapter 15)
Sec.
1501. Definitions.
1502. Custody and printing of Federal documents; ap -
pointment of Director.
1503. Filing documents with Office; notation of time; 
public inspection; transmission for printing.
1504. “Federal Register”; printing; distribution; price.


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1504. “Federal Register”; printing; distribution; price.
1505. Documents to be published in Federal Register.1506. Administrative Committee of the Federal Register; 
establishment and composition; powers and duties
1507. Filing document as constructive notice; publica -
tion in Federal Register as presumption of validity; 
judicial notice; citation.
1508. Publication in Federal Register as notice of hearing.
1509. Cost of publication; appropriations authorized; 
penalty mail privilege.


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12 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 13	1510. Code of Federal Regulations.
1511. International agreements excluded from provisions 
of chapter. 
§ 1501. DEFINITIONS
As used in this chapter, unless the context otherwise re -
quires—
“document” means a Presidential proclamation or Exec -
utive order and an order, regulation, rule, certificate, code 
of fair competition, license, notice, or similar instrument, 
issued, prescribed, or promulgated by a Federal agency;


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issued, prescribed, or promulgated by a Federal agency;
“Federal agency” or “agency” means the President of the 
United States, or an executive department, independent 
board, establishment, bureau, agency, institution, com -
mission, or separate office of the administrative branch of 
the Government of the United States but not the legisla -
tive or judicial branches of the Government;
“person” means an individual, partnership, association, 
or corporation; and


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or corporation; and
“National Archives of the United States” has the same 
meaning as in section 2901(11) of this title.
§ 1502. CUSTODY AND PRINTING OF 
FEDERAL DOCUMENTS; APPOINTMENT OF 
DIRECTOR
The Archivist of the United States, acting through the Of -
fice of the Federal Register, is charged with the custody 
and, together with the Director of the Government Pub -
lishing Office, with the prompt and uniform printing and 
distribution of the documents required or authorized to


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distribution of the documents required or authorized to 
be published by section 1505 of this title. 
There shall be at the head of the Office a director, ap -
pointed by, and who shall act under the general direction 
of, the Archivist of the United States in carrying out this 
chapter and the regulations prescribed under it.
§ 1503. FILING DOCUMENTS WITH OFFICE; 
NOTATION OF TIME; PUBLIC INSPECTION; 
TRANSMISSION FOR PRINTING
The original and two duplicate originals or certified cop -


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The original and two duplicate originals or certified cop -
ies of a document required or authorized to be published 
bysection 1505 of this title shall be filed with the Office of 
the Federal Register, which shall be open for that purpose 
during all hours of the working days when the National 
Archives Building is open for official business. The Archi -
vist of the United States shall cause to be noted on the original and duplicate originals or certified copies of each


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document the day and hour of filing. When the original is 
issued, prescribed, or promulgated outside the District of 
Columbia, and certified copies are filed before the filing of 
the original, the notation shall be of the day and hour of 
filing of the certified copies. Upon filing, at least one copy 
shall be immediately available for public inspection in the 
Office. The original shall be retained by the National Ar -
chives and Records Administration and shall be available


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chives and Records Administration and shall be available 
for inspection under regulations prescribed by the Archi -
vist, unless such original is disposed of in accordance with 
disposal schedules submitted by the Administrative Com -
mittee of the Federal Register and authorized by the Ar -
chivist pursuant to regulations issued under chapter 33 of 
this title; however, originals of proclamations of the Pres -
ident and Executive orders shall be permanently retained


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ident and Executive orders shall be permanently retained 
by the Administration as part of the National Archives of 
the United States. The Office shall transmit immediately 
to the Government Publishing Office for printing, as pro -
vided by this chapter, one duplicate original or certified 
copy of each document required or authorized to be pub -
lished by section 1505 of this title. Every Federal agency 
shall cause to be transmitted for filing the original and


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shall cause to be transmitted for filing the original and 
the duplicate originals or certified copies of all such doc -
uments issued, prescribed, or promulgated by the agency.
§ 1504. «FEDERAL REGISTER»; PRINTING; 
CONTENTS; DISTRIBUTION; PRICE
Documents required or authorized to be published by 
section 1505 of this title shall be printed and distribut -
ed immediately by the Government Publishing Office 
in a serial publication designated the “Federal Register.”


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section 1505 of this title shall be printed and distribut -
ed immediately by the Government Publishing Office 
in a serial publication designated the “Federal Register.” 
The Director of the Government Publishing Office shall 
make available the facilities of the Government Publish -
ing Office for the prompt printing and distribution of the 
Federal Register in the manner and at the times required 
by this chapter and the regulations prescribed under it.


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by this chapter and the regulations prescribed under it. 
The contents of the daily issues shall be indexed and shall 
comprise all documents, required or authorized to be 
published, filed with the Office of the Federal Register up 
to the time of the day immediately preceding the day of 
distribution fixed by regulations under this chapter. There 
shall be printed with each document a copy of the nota -
tion, required to be made by section 1503 of this title, of


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tion, required to be made by section 1503 of this title, of 
the day and hour when, upon filing with the Office, the 
document was made available for public inspection. Dis -


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BASIC LAWS and AUTHORITIES  | 13	tribution shall be made by delivery or by deposit at a post 
office at a time in the morning of the day of distribution 
fixed by regulations prescribed under this chapter. The 
prices to be charged for the Federal Register may be fixed 
by the Administrative Committee of the Federal Register 
established by section 1506 of this title without reference 
to the restrictions placed upon and fixed for the sale of 
Government publications by sections 1705 and 1708 of


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Government publications by sections 1705 and 1708 of 
this title.
§ 1505.  DOCUMENTS TO BE PUBLISHED IN 
FEDERAL REGISTER
(a) Proclamations and Executive Orders; documents 
having general applicability and legal effect; documents 
required to be published by Congress. There shall be pub -
lished in the Federal Register—
(1) Presidential proclamations and Executive orders, 
except those not having general applicability and legal ef -
fect or effective only against Federal agencies or persons


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fect or effective only against Federal agencies or persons 
in their capacity as officers, agents, or employees thereof;
(2) documents or classes of documents that the Presi -
dent may determine from time to time have general appli -
cability and legal effect; and
(3) documents or classes of documents that may be re -
quired so to be published by Act of Congress. 
For the purposes of this chapter every document or or -
der which prescribes a penalty has general applicability 
and legal effect.


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and legal effect.
(b) Documents authorized to be published by regula -
tions; comments and news items excluded. In addition to 
the foregoing there shall also be published in the Federal 
Register other documents or classes of documents autho -
rized to be published by regulations prescribed under this 
chapter with the approval of the President, but comments 
or news items of any character may not be published in the 
Federal Register.(c) Suspension of requirements for filing


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Federal Register.(c) Suspension of requirements for filing 
of documents; alternate systems for promulgating, filing, 
or publishing documents; preservation of originals. In the 
event of an attack or threatened attack upon the conti -
nental United States and a determination by the President 
that as a result of an attack or threatened attack—
(1) publication of the Federal Register or filing of doc -
uments with the Office of the Federal Register is imprac -
ticable, or


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ticable, or
(2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the 
public of the contents of documents, the President may, 
without regard to any other provision of law, suspend all 
or part of the requirements of law or regulation for filing 
with the Office or publication in the Federal Register of 
documents or classes of documents.  
The suspensions shall remain in effect until revoked by


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The suspensions shall remain in effect until revoked by 
the President, or by concurrent resolution of the Con -
gress. The President shall establish alternate systems for 
promulgating, filing, or publishing documents or classes 
of documents affected by such suspensions, including re -
quirements relating to their effectiveness or validity, that 
may be considered under the then existing circumstances 
practicable to provide public notice of the issuance and of


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practicable to provide public notice of the issuance and of 
the contents of the documents. The alternate systems may, 
without limitation, provide for the use of regional or spe -
cialized publications or depositories for documents, or of 
the press, the radio, or similar mediums of general com -
munication. Compliance with alternate systems of filing 
or publication shall have the same effect as filing with the 
Office or publication in the Federal Register under this


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Office or publication in the Federal Register under this 
chapter or other law or regulation. With respect to docu -
ments promulgated under alternate systems, each agency 
shall preserve the original and two duplicate originals or 
two certified copies for filing with the Office when the 
President determines that it is practicable.
§ 1506. ADMINISTRATIVE COMMITTEE OF 
THE FEDERAL REGISTER; ESTABLISHMENT 
AND COMPOSITION; POWERS AND DUTIES
The Administrative Committee of the Federal Register


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§ 1506. ADMINISTRATIVE COMMITTEE OF 
THE FEDERAL REGISTER; ESTABLISHMENT 
AND COMPOSITION; POWERS AND DUTIES
The Administrative Committee of the Federal Register 
shall consist of the Archivist of the United States or Act -
ing Archivist, who shall be chairman, an officer of the De -
partment of Justice designated by the Attorney General, 
and the Director of the Government Publishing Office 
or Acting Director of the Government Publishing Office.


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or Acting Director of the Government Publishing Office. 
The Director of the Federal Register shall act as secretary 
of the committee. The committee shall prescribe, with 
the approval of the President, regulations for carrying out 
this chapter. The regulations shall provide, among other 
things—
(1) the manner of certification of copies required to be 
certified under section 1503 of this title, which certifica -
tion may be permitted to be based upon confirmed com -


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tion may be permitted to be based upon confirmed com -
munications from outside the District of Columbia;


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14 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 15	(2) the documents which shall be authorized under sec -
tion 1505(b) of this title to be published in the Federal 
Register;
(3) the manner and form in which the Federal Reg -
ister shall be printed, reprinted, and compiled, indexed, 
bound, and distributed;
(4) the number of copies of the Federal Register, which 
shall be printed, reprinted, and compiled, the number 
which shall be distributed without charge to Members


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which shall be distributed without charge to Members 
of Congress, officers and employees of the United States, 
or Federal agency, for official use, and the number which 
shall be available for distribution to the public; and
(5) the prices to be charged for individual copies of, 
and subscriptions to, the Federal Register and reprints 
and bound volumes of it.
§ 1507. FILING DOCUMENT AS 
CONSTRUCTIVE NOTICE; PUBLICATION IN 
FEDERAL REGISTER AS PRESUMPTION OF 
VALIDITY; JUDICIAL NOTICE; CITATION


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VALIDITY; JUDICIAL NOTICE; CITATION
A document required by section 1505(a) of this title to 
be published in the Federal Register is not valid as against 
a person who has not had actual knowledge of it until 
the duplicate originals or certified copies of the document 
have been filed with the Office of the Federal Register and 
a copy made available for public inspection as provided 
by section 1503 of this title. Unless otherwise specifical -
ly provided by statute, filing of a document, required or


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ly provided by statute, filing of a document, required or 
authorized to be published by section 1505 of this title, 
except in cases where notice by publication is insufficient 
in law, is sufficient to give notice of the contents of the 
document to a person subject to or affected by it. The 
publication in the Federal Register of a document creates 
a rebuttable presumption—
(1) that it was duly issued, prescribed, or promulgated;
(2) that it was filed with the Office of the Federal Reg -


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(2) that it was filed with the Office of the Federal Reg -
ister and made available for public inspection at the day 
and hour stated in the printed notation;
(3) that the copy contained in the Federal Register is a 
true copy of the original; and
(4) that all requirements of this chapter and the regu -
lations prescribed under it relative to the document have 
been complied with.
The contents of the Federal Register shall be judicially no -
ticed and without prejudice to any other mode of citation,


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ticed and without prejudice to any other mode of citation, 
may be cited by volume and page number.§ 1508. PUBLICATION IN FEDERAL REGISTER 
AS NOTICE OF HEARING
A notice of hearing or of opportunity to be heard, re -
quired or authorized to be given by an Act of Congress, or 
which may otherwise properly be given, shall be deemed 
to have been given to all persons residing within the States 
of the Union and the District of Columbia, except in cas -


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of the Union and the District of Columbia, except in cas -
es where notice by publication is insufficient in law, when 
the notice is published in the Federal Register at such a 
time that the period between the publication and the date 
fixed in the notice for the hearing or for the termination 
of the opportunity to be heard is—
(1) not less than the time specifically prescribed for the 
publication of the notice by the appropriate Act of Con -
gress; or


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gress; or
(2) not less than fifteen days when time for publication 
is not specifically prescribed by the Act, without preju -
dice, however, to the effectiveness of a notice of less than 
fifteen days where the shorter period is reasonable.
§ 1509. COSTS OF PUBLICATION, ETC.
(a) The cost of printing, reprinting, wrapping, bind -
ing, and distributing the Federal Register and the Code 
of Federal Regulations, and, except as provided in sub -
section (b), other expenses incurred by the Government


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section (b), other expenses incurred by the Government 
Publishing Office in carrying out the duties placed upon 
it by this chapter shall be charged to the revolving fund 
provided in section 309. Reimbursements for such costs 
and expenses shall be made by the Federal agencies and 
credited, together with all receipts, as provided in section 
309(b).
(b) The cost of printing, reprinting, wrapping, bind -
ing, and distributing all other publications of the Feder -


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credited, together with all receipts, as provided in section 
309(b).
(b) The cost of printing, reprinting, wrapping, bind -
ing, and distributing all other publications of the Feder -
al Register program, and other expenses incurred by the 
Government Publishing Office in connection with such 
publications, shall be borne by the appropriations to the 
Government Publishing Office and the appropriations are 
made available, and are authorized to be increased by ad -


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made available, and are authorized to be increased by ad -
ditional sums necessary for the purposes, the increases to 
be based upon estimates submitted by the Director of the 
Government Publishing Office.
§ 1510. CODE OF FEDERAL REGULATIONS
(a) The Administrative Committee of the Federal Regis -
ter, with the approval of the President, may require, from 
time to time as it considers necessary, the preparation and


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BASIC LAWS and AUTHORITIES  | 15	publication in special or supplemental editions of the 
Federal Register of complete codifications of the docu -
ments of each agency of the Government having general 
applicability and legal effect, issued or promulgated by the 
agency by publication in the Federal Register or by filing 
with the Administrative Committee, and are relied upon 
by the agency as authority for, or are invoked or used by 
it in the discharge of, its activities or functions, and are in


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effect as to facts arising on or after dates specified by the 
Administrative Committee.
(b) A codification published under subsection (a) of 
this section shall be printed and bound in permanent 
form and shall be designated as the “Code of Federal 
Regulations.” The Administrative Committee shall regu -
late the binding of the printed codifications into separate 
books with a view to practical usefulness and economical 
manufacture. Each book shall contain an explanation of


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manufacture. Each book shall contain an explanation of 
its coverage and other aids to users that the Administra -
tive Committee may require. A general index to the entire 
Code of Federal Regulations shall be separately printed 
and bound.
(c) The Administrative Committee shall regulate the 
supplementation and the collation and republication of 
the printed codifications with a view to keeping the Code


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the printed codifications with a view to keeping the Code 
of Federal Regulations as current as practicable. Each book shall be either supplemented or collated and repub -
lished at least once each calendar year.
(d) The Office of the Federal Register shall prepare and 
publish the codifications, supplements, collations, and in -
dexes authorized by this section.
(e) The codified documents of the several agencies pub -
lished in the supplemental edition of the


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lished in the supplemental edition of the
Federal Register under this section, as amended by doc -
uments subsequently filed with the Office and published 
in the daily issues of the Federal Register, shall be prima 
facie evidence of the text of the documents and of the fact 
that they are in effect on and after the date of publication.
(f) The Administrative Committee shall prescribe, with 
the approval of the President, regulations for carrying out 
this section.


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this section.
(g) This section does not require codification of the 
text of Presidential documents published and periodically 
compiled in supplements to Title 3 of the Code of Federal 
Regulations.
§ 1511. INTERNATIONAL AGREEMENTS 
EXCLUDED FROM PROVISIONS OF CHAPTER
This chapter does not apply to treaties, conventions, 
protocols, and other international agreements, or procla -
mations thereof by the President.
DISTRIBUTION and SALE of PUBLIC DOCUMENTS
(44 U.S.C. § 1714)
§ 1714. PUBLICATIONS FOR USE OF


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(44 U.S.C. § 1714)
§ 1714. PUBLICATIONS FOR USE OF 
NATIONAL ARCHIVES AND RECORDS 
ADMINISTRATION
The Director of the Government Publishing Office shall 
print and deliver to the National Archives and Records 
Administration for use by the Archivist of the United 
States, including use by the Presidential Library estab -
lished for the President during whose term the documents 
were issued, which shall be chargeable to Congress three 
copies each of the following publications:


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copies each of the following publications:
House documents and public reports, bound;
Senate documents and public reports, bound;
Senate and House journals, bound;United States Code and Supplements, bound;
United States Statutes at Large, bound;
the United States Reports, bound;
all other documents bearing a congressional number, or 
printed upon order of a committee in either House of 
Congress, or of a department, independent agency or es -
tablishment, commission, or officer of the Government,


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tablishment, commission, or officer of the Government, 
except confidential matter, blank forms, and circular let -
ters not of a public character; and public bills and resolu -
tions in Congress in each parliamentary stage.
The Superintendent of Documents shall furnish, with -
out cost, copies of publications available for free distri -
bution.


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16 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 17	NATIONAL ARCHIVES and RECORDS ADMINISTRATION
(44 U.S.C. Chapter 21)
Sec.
2101. Definitions.
2102. Establishment.
2103. Officers.
2104. Administrative provisions.
2105. Personnel and services.
2106. Reports to Congress.
2107. Acceptance of Records for historical preservation.
2107  note. President John F . Kennedy Assassination Re -
cords Collection Act.
2107  note. Establishment of National Database for Re -


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2107  note. Establishment of National Database for Re -
cords of Servitude, Emancipation, and Post-Civil 
War Reconstruction
2108. Responsibility for custody, use, and withdrawal of 
records.
2108  note. Procedures to Prevent Unauthorized Remov -
al of Classified Records from National Archives. 
2109. Preservation, arrangement, duplication, exhibition 
of records.
2110. Servicing records.
2111. Material accepted for deposit.
2111  note. Presidential Recordings and Materials Pres -
ervation Act.


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ervation Act.
2112. Presidential archival depository.
2113. Depository for agreements between states.
2114. Preservation of motion-picture films, still pictures, 
and sound recordings.
2115. Reports; correction of violations.
2116. Legal status of reproductions; official seal; fees for 
copies and reproductions.
2117. Limitation on liability.
2118. Records of Congress.  
2119. Cooperative agreements.
§ 2101. DEFINITIONS
As used in this chapter—
(1) “Presidential archival depository” means an institu -


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(1) “Presidential archival depository” means an institu -
tion operated by the United States to house and preserve 
the papers and books of a President or former President of 
the United States, together with other historical materials 
belonging to a President or former President of the Unit -ed States, or related to his papers or to the events of his 
official or personal life, and may include research facilities 
and museum facilities in accordance with this chapter;


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and museum facilities in accordance with this chapter;
(2) “historical materials” including books, correspon -
dence, documents, papers, pamphlets, works of art, mod -
els, pictures, photographs, plats, maps, films, motion 
pictures, sound recordings, and other objects or materials 
having historical or commemorative value;
(3) “Archivist” means the Archivist of the United States 
appointed under section 2103 of this title; and
(4) “Administration” means the National Archives and


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(4) “Administration” means the National Archives and 
Records Administration established under section 2102 
of this title.
§ 2102. ESTABLISHMENT
There shall be an independent establishment in the ex -
ecutive branch of the Government to be known as the 
National Archives and Records Administration. The Ad -
ministration shall be administered under the supervision 
and direction of the Archivist.
T ransfer of Functions, Personnel, Assets, Liabilities, Con -


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T ransfer of Functions, Personnel, Assets, Liabilities, Con -
tracts, Property, Records, and Unexpended Balances, Etc.
44 U.S.C. § 2102 NOTES
Transfer of Functions. Section 103 of Pub. L. 98-497 pro -
vides that:
Sec. 103. (a) The National Archives and Records Ser -
vice of the General Services Administration is transferred 
to the National Archives and Records Administration.
(b)(1) All functions which were assigned to the Admin -
istrator of General Services by section 6 of Executive Or -


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istrator of General Services by section 6 of Executive Or -
der No. 10530 of May 11, 1954 (19 Fed. Reg. 2709 [set 
out as a note under section 301 of Title 3, The President], 
relating to documents and the Administrative Committee 
of the Federal Register), and by Executive Order Num -
bered 11440 of December 11, 1968 (33 Fed. Reg. 18475 
[set out as a note under section 2109 of this title]; relat -
ing to supplemental use of Federal exhibits and displays),


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ing to supplemental use of Federal exhibits and displays), 
shall be exercised by the Archivist of the United States.
(2) All functions pertaining to the maintenance, oper -
ation, and protection of a Presidential archival deposito -


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BASIC LAWS and AUTHORITIES  | 17	ry which were assigned to the Administrator of General 
Services by the Act of September 6, 1965 (Public Law 
89-169, 79 Stat. 648) [set out as a note under section 
2112 of this title], relating to the Lyndon Baines Johnson 
Presidential Archival Depository, and by the Act of Au -
gust 27, 1966 (Public Law 89-547, 80 Stat. 370) [set out 
as a note under section 2112 of this title], and the Act of 
May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating


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May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating 
to the John Fitzgerald Kennedy Library, shall be exercised 
by the Archivist of the United States.
(c) In the exercise of the functions transferred by this 
Act [Pub. L. 98-497, Oct. 19, 1984, 98 Stat. 2280], and 
the amendments made by this Act [Pub. L. 98- 497, Oct. 
19, 1984, 98 Stat.2280], the Archivist shall have the same 
authority as had the Administrator of General Services 
prior to the transfer of such functions, and the actions of


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prior to the transfer of such functions, and the actions of 
the Archivist shall have the same force and effect as when 
exercised by such Administrator.
(d) Prior to the appointment and confirmation of an 
individual to serve as Archivist of the United States under 
section 2103 of title 44, United States Code, the individ -
ual holding the office of Archivist of the United States on 
the day before the effective date of this Act [Apr. 1, 1985] 
may serve as Archivist under such section, and while so


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may serve as Archivist under such section, and while so 
serving shall be compensated at the rate provided under 
subsection (b) of such section.
Transfer of Personnel. Section 104 of Pub. L. 98-497 pro -
vides that:
Sec. 104. (a) Except as otherwise provided in this Act 
[Pub. L. 98-497], the personnel employed in connec -
tion with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, au -
thorizations, allocations, and other funds employed, held,


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thorizations, allocations, and other funds employed, held, 
used, arising from, available to or to be made available in 
connection with the functions and agencies transferred by 
this Act and the amendments made by this Act [Pub. L. 
98-497], subject to section 1531 of title 31, United States 
Code, are transferred to the Archivist for appropriate allo -
cation. Pursuant to the preceding sentence, there shall be 
transferred to the Archivist for appropriate allocation (1)


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transferred to the Archivist for appropriate allocation (1) 
for the remainder of fiscal year 1985, an amount equal to 
not less than $2,760,000 (adjusted to reflect actual sala -
ries and benefits of transferred employees and other costs) 
from the unexpended balances of the fiscal year 1985 
funds and appropriations available to the General Services Administration, and (2) 115.5 full-time equivalent em -
ployee positions, of which not less than 30 percent shall


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ployee positions, of which not less than 30 percent shall 
be vacant. Unexpended funds transferred pursuant to this 
subsection shall be used only for the purposes for which 
the funds were originally authorized and appropriated.
(b) The transfer pursuant to this title [title I (sections 
101-108) of Pub. L. 98-497] of full-time personnel (ex -
cept special Government employees) and part- time per -
sonnel holding permanent positions shall not cause any


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sonnel holding permanent positions shall not cause any 
such employees to be separated or reduced in grade or 
compensation for one year after such transfer or after the 
effective date of this Act [Apr. 1, 1985], whichever is later.
Savings Provisions. Section 105 of Pub. L. 98-497 provides that:
Sec. 105. 
(a) All orders, determinations, rules, regulations, 
grants, contracts, agreements, permits, licenses, privileges, 
and other actions which have been issued, granted, made,


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and other actions which have been issued, granted, made, 
undertaken, or entered into in the performance of any 
function transferred by this Act [Pub. L. 98-497] or the 
amendments made by this Act [Pub. L. 98-497] shall con -
tinue in effect according to their terms until modified, ter -
minated, superseded, set aside, or revoked in accordance 
with law by any authorized official, a court of competent 
jurisdiction, or by operation of law.
(b)(1) The transfer of functions by this Act [Pub. L.


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(b)(1) The transfer of functions by this Act [Pub. L. 
98-497] and by the amendments made by this Act [Pub.


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jurisdiction, or by operation of law.
(b)(1) The transfer of functions by this Act [Pub. L. 
98-497] and by the amendments made by this Act [Pub. 
L. 98-497] shall not affect any proceedings, including 
notices of proposed rulemaking, or any application for 
any license, permit, certificate, or financial assistance 
pending on the effective date of this Act [Apr. 1, 1985] 
before the General Services Administration; but such pro -
ceedings and applications, to the extent that they relate


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ceedings and applications, to the extent that they relate 
to the functions so transferred, shall be continued. Or -
ders shall be issued in such proceedings, appeals shall be 
taken therefrom, and payments shall be made pursuant 
to such orders, as if this Act had not been enacted; and 
orders issued in any such proceedings shall continue in 
effect until modified, terminated, superseded, or revoked 
by the Archivist, by a court of competent jurisdiction, or


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by the Archivist, by a court of competent jurisdiction, or 
by operation of law. Nothing in this subsection shall be 
deemed to prohibit the discontinuance or modification of 
any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have 
been discontinued or modified if this Act had not been 
enacted.


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18 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 19	(2) The Archivist is authorized to promulgate regula -
tions providing for the orderly transfer of proceedings 
continued under paragraph (1) from the General Services 
Administration to the Administration.
(c) Except as provided in subsection (e) [of this sec -
tion]—
(1) the provisions of this Act [Pub. L. 98-497] and of 
the amendments made by this Act [Pub. L. 98-497] 
shall not affect actions commenced prior to the effec -


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shall not affect actions commenced prior to the effec -
tive date of this Act [Apr. 1, 1985], and
(2) in all such actions, proceedings shall be had, appeals 
taken, and judgments rendered in the same manner 
and effect as if this Act [Pub. L. 98- 497] had not been 
enacted.
(d) No action or other proceeding lawfully commenced 
by or against any officer of the United States acting in the 
official capacity of such officer shall abate by reason of any


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official capacity of such officer shall abate by reason of any 
transfer of functions by this Act [Pub. L. 98-497] or by 
an amendment made by this Act [Pub. L. 98-497]. No 
cause of action by or against the General Services Admin -
istration or by or against any officer thereof in the official 
capacity of such officer shall abate by reason of any such 
transfer of functions.
(e) If, before the date on which this Act takes effect 
[Apr. 1, 1985], the General Services Administration or


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[Apr. 1, 1985], the General Services Administration or 
any officer thereof in the official capacity of such officer, is 
a party to an action, and under this Act [Pub. L. 98-497] 
or the amendments made by this Act [Pub. L. 98-497] 
any function in connection with such action is transferred 
to the Archivist or any other official of the Administra -
tion, then such action shall be continued with the Ar -
chivist or other appropriate official of the Administration 
substituted or added as a party.


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substituted or added as a party.
(f) Orders and actions of the Archivist in the exercise 
of functions transferred by this Act [Pub. L. 98-497] or 
by amendments made by this Act [Pub. L. 98-497] shall 
be subject to judicial review to the same extent and in the 
same manner as if such orders and actions had been by 
the individual holding the office of Archivist of the Unit -
ed States on the day before the effective date of this Act 
[Apr. 1, 1985] or the Administrator of General Services


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[Apr. 1, 1985] or the Administrator of General Services 
in the exercise of such functions immediately preceding 
their transfer. Any statutory requirements relating to no -
tice, hearings, action upon the record, or administrative 
review that apply to any function transferred by this Act 
[Pub. L. 98-497] or by any amendment made by this Act [Pub. L. 98-497] shall apply to the exercise of such func -
tion by the Archivist.
Reference. Section 106 of Pub. L. 98-497 provides that:


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Reference. Section 106 of Pub. L. 98-497 provides that:
With respect to any functions transferred by this Act 
[Pub. L. 98-497] or by an amendment made by this Act 
[Pub. L. 98-497] and exercised after the effective date of 
this Act [Apr. 1, 1985], reference in any other Federal law 
to the office of the Archivist of the United States as in 
existence on the date before the effective date of this Act 
[Apr. 1, 1985], or the National Archives and Records Ser -


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[Apr. 1, 1985], or the National Archives and Records Ser -
vice of the General Services Administration, or any office 
or officer thereof, shall be deemed to refer to the Archivist 
or the Administration.
Definitions. Section 108 of Pub. L. 98-497 provides that:
For purposes of sections 103 through 106 [set out as notes 
under this section]—
(1) the term ‘Archivist’ means the Archivist of the Unit -
ed States appointed under section 2103 of title 44, Unit -


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ed States appointed under section 2103 of title 44, Unit -
ed States Code, as added by section 102(a)(2) of this Act 
[sections 2103-2106 of this title];
(2) the term ‘Administration’ means the National Ar -
chives and Records Administration established under sec -
tion 2102 of such title (as amended by section 101 of this 
Act [this section]); and
(3) the term ‘function’ includes any duty, obligation, power, 
authority, responsibility, right, privilege, activity, or program.


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(3) the term ‘function’ includes any duty, obligation, power, 
authority, responsibility, right, privilege, activity, or program.
Establishment of Positions of Director of the Center for Leg -
islative Archives and Specialist in Congressional History; 
Compensation of Director; Administrative Expenses of Advi -
sory Committee on the Records of Congress; Authorization of 
Appropriations. Pub. L. 101-509, Title IV, § 1(a)-(c), Nov. 
5, 1990, 104 Stat. 1416, as amended Pub. L. 103-329, Ti -


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5, 1990, 104 Stat. 1416, as amended Pub. L. 103-329, Ti -
tle V, § 541, Sept. 30, 1994, 108 Stat. 2415, provides that:
(a)(1) The Director of the Center for Legislative Ar -
chives within the National Archives and Records Admin -
istration shall be established without regard to chapter 51 
of title 5 and shall be paid at a rate determined without 
regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of title 5 governing General Schedule clas -


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of chapter 53 of title 5 governing General Schedule clas -
sification and pay rates: Provided, That such pay shall be 
no less than 120 percent of the rate of pay for GS-15, step 
1 of the General Schedule nor more than the rate of pay 
in effect for level one of the Senior Executive Schedule.


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BASIC LAWS and AUTHORITIES  | 19	(2) There is established within the Center for Legisla -
tive Archives within the National Archives and Records 
Administration the position of Specialist in Congressional 
History.
(b) There shall be made available from funds appro -
priated in each fiscal year to the National Archives and 
Records Administration, $20,000 for the administrative 
expenses of the Advisory Committee on the Records of 
Congress established under section 2701 of title 44, Unit -
ed States Code.


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ed States Code.
(c) There are authorized to be appropriated such sums 
as may be necessary to carry out the purposes of subsec -
tions (a) and (b) of this section.
Spending Authority. Section 302 of Pub. L. 98-497 provides 
that:
Any new spending authority (within the meaning of sec -
tion 401 of the Congressional Budget Act of 1974 [sec -
tion 651 of Title 2, The Congress]) which is provided 
under this Act [Pub. L. 98-497] shall be effective for any


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under this Act [Pub. L. 98-497] shall be effective for any 
fiscal year only to the extent or in such amounts as provid -
ed in appropriations Acts.
(End of Note)
§ 2103.  OFFICERS
(a) The Archivist of the United States shall be appoint -
ed by the President by and with the advice and consent 
of the Senate. The Archivist shall be appointed without 
regard to political affiliations and solely on the basis of 
the professional qualifications required to perform the


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the professional qualifications required to perform the 
duties and responsibilities of the office of Archivist. The 
Archivist may be removed from office by the President. 
The President shall communicate the reasons for any such 
removal to each House of the Congress.
(b) The Archivist shall be compensated at the rate pro -
vided for level III of the Executive Schedule under section 
5314 of title 5.
(c) There shall be in the Administration a Deputy Ar -


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(c) There shall be in the Administration a Deputy Ar -
chivist of the United States, who shall be appointed by 
and who shall serve at the pleasure of the Archivist. The 
Deputy Archivist shall be established as a career reserved 
position in the Senior Executive Service within the mean -
ing of section 3132(a)(8) of title 5. The Deputy Archivist 
shall perform such functions as the Archivist shall desig -


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shall perform such functions as the Archivist shall desig -
nate. During any absence or disability of the Archivist, the Deputy Archivist shall act as Archivist. In the event of 
a vacancy in the office of the Archivist, the Deputy Archi -
vist shall act as Archivist until an Archivist is appointed 
under subsection (a).
§ 2104. ADMINISTRATIVE PROVISIONS
(a) The Archivist shall prescribe such regulations as the 
Archivist deems necessary to effectuate the functions of


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Archivist deems necessary to effectuate the functions of 
the Archivist, and the head of each executive agency shall 
cause to be issued such orders and directives as such agen -
cy head deems necessary to carry out such regulations.
(b) Except as otherwise expressly provided by law, the 
Archivist may delegate any of the functions of the Archi -
vist to such officers and employees of the Administration 
as the Archivist may designate, and may authorize such


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as the Archivist may designate, and may authorize such 
successive redelegations of such functions as the Archivist 
may deem to be necessary or appropriate. A delegation of 
functions by the Archivist shall not relieve the Archivist 
of responsibility for the administration of such functions.
(c) The Archivist may organize the Administration as 
the Archivist finds necessary or appropriate.
(d) The Archivist is authorized to establish, maintain,


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(d) The Archivist is authorized to establish, maintain, 
alter, or discontinue such regional, local, or other field of -
fices as the Archivist finds necessary or appropriate to per -
form the functions of the Archivist or the Administration.
(e) The Archivist shall cause a seal of office to be made 
for the Administration of such design as the Archivist 
shall approve. Judicial notice shall be taken of such seal.
(f) The Archivist may establish advisory committees to


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(f) The Archivist may establish advisory committees to 
provide advice with respect to any function of the Archi -
vist or the Administration. Members of any such commit -
tee shall serve without compensation but shall be entitled 
to transportation expenses and per diem in lieu of subsis -


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vist or the Administration. Members of any such commit -
tee shall serve without compensation but shall be entitled 
to transportation expenses and per diem in lieu of subsis -
tence in accordance with section 5703 of title 5.
(g) The Archivist shall advise and consult with interest -
ed Federal agencies with a view to obtaining their advice 
and assistance in carrying out the purposes of this chapter.
(h) If authorized by the Archivist, officers and employ -


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(h) If authorized by the Archivist, officers and employ -
ees of the Administration having investigatory functions 
are empowered, while engaged in the performance of their 
duties in conducting investigations, to administer oaths.
§ 2105. PERSONNEL AND SERVICES
(a) (1) The Archivist is authorized to select, appoint, 
employ, and fix the compensation of such officers and 
employees, pursuant to part III of title 5, as are necessary


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20 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 21	to perform the functions of the Archivist and the Admin -
istration.
(2) Notwithstanding paragraph (1), the Archivist is au -
thorized to appoint, subject to consultation requirements 
set forth in paragraph (f)(2) of section 2203 of this ti -
tle, a director at each Presidential archival depository es -
tablished under section 2112 of this title. The Archivist 
may appoint a director without regard to subchapter I


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may appoint a director without regard to subchapter I 
and subchapter VIII of chapter 33 of Title 5, governing 
appointments in the competitive service and the Senior 
Executive Service. A director so appointed shall be re -
sponsible for the care and preservation of the Presidential 
records and historical materials deposited in a Presiden -
tial archival depository, shall serve at the pleasure of the 
Archivist and shall perform such other functions as the 
Archivist may specify.


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Archivist may specify.
(b) The Archivist is authorized to obtain the services 
of experts and consultants under section 3109 of title 5. 
(c) Notwithstanding the provisions of section 973 of 
title 10 or any other provision of law, the Archivist, in 
carrying out the functions of the Archivist or the Admin -
istration, is authorized to utilize in the Administration 
the services of officials, officers, and other personnel in 
other Federal agencies, including personnel of the armed


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other Federal agencies, including personnel of the armed 
services, with the consent of the head of the agency con -
cerned.
(d) Notwithstanding section 1342 of title 31, United 
States Code, the Archivist is authorized to accept and uti -
lize voluntary and uncompensated services.
§ 2106. REPORTS TO CONGRESS
The Archivist shall submit to the Congress, in January of 
each year and at such other times as the Archivist finds 
appropriate, a report concerning the administration of


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appropriate, a report concerning the administration of 
functions of the Archivist, the Administration, the Na -
tional Historical Publications and Records Commission, 
and the National Archives T rust Fund. Such report shall 
describe—
(1) program administration and expenditures of funds, 
both appropriated and nonappropriated, by the Adminis -
tration, the Commission, and the T rust Fund Board;
(2) research projects and publications undertaken by 
Commission grantees, and by T rust Fund grantees, in -


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Commission grantees, and by T rust Fund grantees, in -
cluding detailed information concerning the receipt and 
use of all appropriated and nonappropriated funds;
(3) by account, the moneys, securities, and other per -sonal property received and held by the National Archives 
T rust Fund Board, and of its operations, including a list -
ing of the purposes for which funds are transferred to the 
National Archives and Records Administration for expen -
diture to other Federal agencies; and


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diture to other Federal agencies; and
(4) the matters specified in section 2904(c)(8) of this 
title.
§ 2107. ACCEPTANCE OF RECORDS FOR 
HISTORICAL PRESERVATION
(a) In general.—When it appears to the Archivist to be 
in the public interest, the Archivist may—
(1) accept for deposit with the National Archives of the 
United States the records of a Federal agency, the Con -
gress, the Architect of the Capitol, or the Supreme Court 
determined by the Archivist of the United States to have


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determined by the Archivist of the United States to have 
sufficient historical or other value to warrant their contin -
ued preservation by the United States Government;
(2) direct and effect the transfer to the National Ar -
chives of the United States of records of a Federal agen -
cy that have been in existence for more than thirty years 
and determined by the Archivist of the United States to 
have sufficient historical or other value to warrant their


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have sufficient historical or other value to warrant their 
continued preservation by the United States Government, 
unless the head of the agency which has custody of them 
certifies in writing to the Archivist that they must be re -
tained in his custody for use in the conduct of the regular 
current business of the agency;
(3) direct and effect, with the approval of the head of 
the originating agency, or if the existence of the agency 
has been terminated, then with the approval of the head


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(3) direct and effect, with the approval of the head of 
the originating agency, or if the existence of the agency 
has been terminated, then with the approval of the head 
of that agency’s successor in function, if any, the trans -
fer of records deposited or approved for deposit with the 
National Archives of the United States to public or edu -
cational institutions or associations; title to the records to 
remain vested in the United States unless otherwise au -
thorized by Congress; and


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thorized by Congress; and
(4) transfer materials from private sources authorized to 
be received by the Archivist by section 2111 of this title.
(b) Early transfer of records.—The Archivist—
(1) in consultation with the head of the originating 
Federal agency, is authorized to accept a copy of the 
records described in subsection (a)(2) that have been in 
existence for less than thirty years; and
(2) may not disclose any such records until the 
expiration of—


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BASIC LAWS and AUTHORITIES  | 21	(A) the thirty-year period described in paragraph (1);
(B) any longer period established by the Archivist by 
order; or
(C) any shorter period agreed to by the originating 
Federal agency.
44 U.S.C. § 2107 NOTE PRESIDENT JOHN F . 
KENNEDY ASSASSINATION RECORDS COLLEC -
TION ACT
Sec. 1. Short Title
This Act may be cited as the ‘President John F . Kennedy 
Assassination Records Collection Act of 1992’.
Sec. 2. Findings, declarations, and purposes


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Sec. 2. Findings, declarations, and purposes
(a) Findings and declarations.—The Congress finds and 
declares that—
(1) all Government records related to the assassination 
of President John F . Kennedy should be preserved for his -
torical and governmental purposes;
(2) all Government records concerning the assassina -
tion of President John F . Kennedy should carry a pre -
sumption of immediate disclosure, and all records should 
be eventually disclosed to enable the public to become


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be eventually disclosed to enable the public to become 
fully informed about the history surrounding the assas -
sination;
(3) legislation is necessary to create an enforceable, in -
dependent, and accountable process for the public disclo -
sure of such records;
(4) legislation is necessary because congressional records 
related to the assassination of President John F . Kennedy 
would not otherwise be subject to public disclosure until 
at least the year 2029;


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at least the year 2029;
(5) legislation is necessary because the Freedom of In -
formation Act, as implemented by the executive branch, 
has prevented the timely public disclosure of records re -
lating to the assassination of President John F . Kennedy;
(6) legislation is necessary because Executive Order 
No. 12356, entitled ‘National Security Information’ has 
eliminated the declassification and downgrading sched -
ules relating to classified information across government


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ules relating to classified information across government 
and has prevented the timely public disclosure of records 
relating to the assassination of President John F . Kenne -
dy; and
(7) most of the records related to the assassination of 
President John F . Kennedy are almost 30 years old, and only in the rarest cases is there any legitimate need for 
continued protection of such records.
(b) Purposes.—The purposes of this Act are—
(1) to provide for the creation of the President John F .


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(1) to provide for the creation of the President John F . 
Kennedy Assassination Records Collection at the Nation -
al Archives and Records Administration; and
(2) to require the expeditious public transmission to the 
Archivist and public disclosure of such records.
Sec. 3. Definitions
In this Act:
(1) ‘Archivist’ means the Archivist of the United States.
(2) ‘Assassination record’ means a record that is related to 
the assassination of President John F . Kennedy, that was


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the assassination of President John F . Kennedy, that was 
created or made available for use by, obtained by, or oth -
erwise came into the possession of—
(A) the Commission to Investigate the Assassination of 
President John F . Kennedy (the ‘Warren Commission’);
(B) the Commission on Central Intelligence Agen -
cy Activities Within the United States (the ‘Rockefeller 
Commission’);
(C) the Senate Select Committee to Study Governmen -
tal Operations with Respect to Intelligence Activities (the


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tal Operations with Respect to Intelligence Activities (the 
‘Church Committee’);
(D) the Select Committee on Intelligence (the ‘Pike 
Committee’) of the House of Representatives;
(E) the Select Committee on Assassinations (the ‘House 
Assassinations Committee’) of the House of Representa -
tives;
(F) the Library of Congress;
(G) the National Archives and Records Administration;
(H) any Presidential library;
(I) any Executive agency;
(J) any independent agency;


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(I) any Executive agency;
(J) any independent agency;
(K) any other office of the Federal Government; and
(L) any State or local law enforcement office that pro -
vided support or assistance or performed work in connec -
tion with a Federal inquiry into the assassination of Pres -
ident John F . Kennedy, but does not include the autopsy 
records donated by the Kennedy family to the National 
Archives pursuant to a deed of gift regulating access to 
those records, or copies and reproductions made from


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records donated by the Kennedy family to the National 
Archives pursuant to a deed of gift regulating access to 
those records, or copies and reproductions made from 
such records.
(3) ‘Collection’ means the President John F . Kennedy As -
sassination Records Collection established under section 4.


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22 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 23	(4) ‘Executive agency’ means an Executive agency as de -
fined in subsection 552(f) of title 5, United States Code, 
and includes any Executive department, military depart -
ment, Government corporation, Government controlled 
corporation, or other establishment in the executive branch 
of the Government, including the Executive Office of the 
President, or any independent regulatory agency.


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President, or any independent regulatory agency.
(5) ‘Government office’ means any office of the Federal 
Government that has possession or control of assassina -
tion records, including—
(A) the House Committee on Administration with re -
gard to the Select Committee on Assassinations of the re -
cords of the House of Representatives;
(B) the Select Committee on Intelligence of the Senate 
with regard to records of the Senate Select Committee to 
Study Governmental Operations with Respect to Intelli -


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Study Governmental Operations with Respect to Intelli -
gence Activities and other assassination records;
(C) the Library of Congress;
(D) the National Archives as custodian of assassination 
records that it has obtained or possesses, including the 
Commission to Investigate the Assassination of President 
John F . Kennedy and the Commission on Central Intelli -
gence Agency Activities in the United States; and
(E) any other executive branch office or agency, and any 
independent agency.


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independent agency.
(6) ‘Identification aid’ means the written description pre -
pared for each record as required in section 4.
(7) ‘National Archives’ means the National Archives and 
Records Administration and all components thereof, in -
cluding Presidential archival depositories established un -
der section 2112 of title 44, United States Code. 
(8) ‘Official investigation’ means the reviews of the assas -
sination of President John F . Kennedy conducted by any


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sination of President John F . Kennedy conducted by any 
Presidential commission, any authorized congressional com -
mittee, and any Government agency either independently, at 
the request of any Presidential commission or congressional 
committee, or at the request of any Government official.
(9) ‘Originating body’ means the Executive agency, gov -
ernment commission, congressional committee, or other 
governmental entity that created a record or particular in -
formation within a record.


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formation within a record.
(10) ‘Public interest’ means the compelling interest in the 
prompt public disclosure of assassination records for his -
torical and governmental purposes and for the purpose of 
fully informing the American people about the history sur -
rounding the assassination of President John F . Kennedy.(11) ‘Record’ includes a book, paper, map, photograph, 
sound or video recording, machine readable material, com -
puterized, digitized, or electronic information, regardless of


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puterized, digitized, or electronic information, regardless of 
the medium on which it is stored, or other documentary 
material, regardless of its physical form or characteristics.
(12) ‘Review Board’ means the Assassination Records Re -
view Board established by section 7.
(13) ‘Third agency’ means a Government agency that orig -
inated an assassination record that is in the possession of 
another agency.
Sec. 4. President John F . Kennedy Assassination Records


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Sec. 4. President John F . Kennedy Assassination Records 
Collection at the National Archives and Records Admin -
istration
(a) In General.—(1) Not later than 60 days after the date 
of enactment of this Act [Oct. 26, 1992], the National 
Archives and Records Administration shall commence es -
tablishment of a collection of records to be known as the 
President John F . Kennedy Assassination Records Collec -
tion. In so doing, the Archivist shall ensure the physical


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tion. In so doing, the Archivist shall ensure the physical 
integrity and original provenance of all records. The Col -
lection shall consist of record copies of all Government 
records relating to the assassination of President John F . 
Kennedy, which shall be transmitted to the National Ar -
chives in accordance with section 2107 of title 44, United 
States Code [this section]. The Archivist shall prepare and 
publish a subject guidebook and index to the collection.
(2) The Collection shall include—


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States Code [this section]. The Archivist shall prepare and 
publish a subject guidebook and index to the collection.
(2) The Collection shall include—
(A) all assassination records—
(i) that have been transmitted to the National Ar -
chives or disclosed to the public in an unredacted form 
prior to the date of enactment of this Act [Oct. 26 
1992];
(ii) that are required to be transmitted to the Nation -
al Archives; or
(iii) the disclosure of which is postponed under this 
Act;


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(iii) the disclosure of which is postponed under this 
Act;
(B) a central directory comprised of identification aids 
created for each record transmitted to the Archivist under 
section 5; and
(C) all Review Board records as required by this Act.
(b) Disclosure of records.—All assassination records 
transmitted to the National Archives for disclosure to the 
public shall be included in the Collection and shall be 
available to the public for inspection and copying at the


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BASIC LAWS and AUTHORITIES  | 23	National Archives within 30 days after their transmission 
to the National Archives.
(c) Fees for copying.—The Archivist shall—
(1) charge fees for copying assassination records; and
(2) grant waivers of such fees pursuant to the standards 
established by section 552(a)(4) of title 5, United States 
Code. 
(d) Additional requirements.—(1) The Collection shall be 
preserved, protected, archived, and made available to the


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preserved, protected, archived, and made available to the 
public at the National Archives using appropriations au -
thorized, specified, and restricted for use under the terms 
of this Act.
(2) The National Archives, in consultation with the Infor -
mation Security Oversight Office, shall ensure the security 
of the postponed assassination records in the Collection.
(e) Oversight.—The Committee on Government Opera -
tions of the House of Representatives and the Committee


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tions of the House of Representatives and the Committee 
on Governmental Affairs of the Senate shall have continu -
ing oversight jurisdiction with respect to the Collection.
Sec. 5. Review, identification, transmission to the Nation -
al Archives, and public disclosure of assassination records 
by government offices.
(a) In general.—(1) As soon as practicable after the date of 
enactment of this Act [Oct. 26, 1992], each Government 
office shall identify and organize its records relating to the


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office shall identify and organize its records relating to the 
assassination of President John F . Kennedy and prepare 
them for transmission to the Archivist for inclusion in the 
Collection.
(2) No assassination record shall be destroyed, altered, or 
mutilated in any way.
(3) No assassination record made available or disclosed to 
the public prior to the date of enactment of this Act [Oct. 
26, 1992] may be withheld, redacted, postponed for pub -
lic disclosure, or reclassified.


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lic disclosure, or reclassified.
(4) No assassination record created by a person or entity 
outside government (excluding names or identities consis -
tent with the requirements of section 6) shall be withheld, 
redacted, postponed for public disclosure, or reclassified.
(b) Custody of assassination records pending review.—
During the review by Government offices and pending 
review activity by the Review Board, each Government 
office shall retain custody of its assassination records for


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office shall retain custody of its assassination records for 
purposes of preservation, security, and efficiency, unless—
(1) the Review Board requires the physical transfer of records for purposes of conducting an independent and 
impartial review;
(2) transfer is necessary for an administrative hearing or 
other Review Board function; or
(3) it is a third agency record described in subsection (c)
(2)(C).
(c) Review.—(1) Not later than 300 days after the date of


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(c) Review.—(1) Not later than 300 days after the date of 
enactment of this Act [Oct. 26, 1992], each Government 
office shall review, identify and organize each assassina -
tion record in its custody or possession for disclosure to 
the public, review by the Review Board, and transmission 
to the Archivist.
(2) In carrying out paragraph (1), a Government office shall—
(A) determine which of its records are assassination re -
cords;
(B) determine which of its assassination records have


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cords;
(B) determine which of its assassination records have 
been officially disclosed or publicly available in a com -
plete and unredacted form;
(C)(i) determine which of its assassination records, or 
particular information contained in such a record, was 
created by a third agency or by another Government 
office; and
(ii) transmit to a third agency or other Government 
office those records, or particular information con -
tained in those records, or complete and accurate copies 
thereof;


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thereof;
(D)(i) determine whether its assassination records or 
particular information in assassination records are cov -
ered by the standards for postponement of public dis -
closure under this Act; and
(ii) specify on the identification aid required by sub -
section (d) the applicable postponement provision con -
tained in section 6;
(E) organize and make available to the Review Board all 
assassination records identified under subparagraph (D) 
the public disclosure of which in whole or in part may be


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tained in section 6;
(E) organize and make available to the Review Board all 
assassination records identified under subparagraph (D) 
the public disclosure of which in whole or in part may be 
postponed under this Act;
(F) organize and make available to the Review Board 
any record concerning which the office has any uncer -
tainty as to whether the record is an assassination record 
governed by this Act;
(G) give priority to—
(i) the identification, review, and transmission of all


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(i) the identification, review, and transmission of all 
assassination records publicly available or disclosed as 
of the date of enactment of this Act [Oct. 26, 1992] in 
a redacted or edited form; and


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24 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 25	(ii) the identification, review, and transmission, un -
der the standards for postponement set forth in this Act, 
of assassination records that on the date of enactment 
of this Act [Oct. 26, 1992] are the subject of litigation 
under section 552 of title 5, United States Code; and
(H) make available to the Review Board any additional 
information and records that the Review Board has reason


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information and records that the Review Board has reason 
to believe it requires for conducting a review under this Act.
(3) The Director of each archival depository established 
under section 2112 of title 44, United States Code, shall 
have as a priority the expedited review for public disclo -
sure of assassination records in the possession and custody 
of the depository, and shall make such records available to 
the Review Board as required by this Act.


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the Review Board as required by this Act.
(d) Identification aids.—(1)(A) Not later than 45 days 
after the date of enactment of this Act [Oct. 26, 1992], 
the Archivist, in consultation with the appropriate Gov -
ernment offices, shall prepare and make available to all 
Government offices a standard form of identification or 
finding aid for use with each assassination record subject 
to review under this Act.
(B) The Archivist shall ensure that the identification aid


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(B) The Archivist shall ensure that the identification aid 
program is established in such a manner as to result in 
the creation of a uniform system of electronic records by 
Government offices that are compatible with each other.
(2) Upon completion of an identification aid, a 
Government office shall—
(A) attach a printed copy to the record it describes;
(B) transmit to the Review Board a printed copy; and
(C) attach a printed copy to each assassination record it


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(C) attach a printed copy to each assassination record it 
describes when it is transmitted to the Archivist.
(3) Assassination records which are in the possession of 
the National Archives on the date of enactment of this Act 
[Oct. 26, 1992], and which have been publicly available 
in their entirety without redaction, shall be made available 
in the Collection without any additional review by the 
Review Board or another authorized office under this Act,


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Review Board or another authorized office under this Act, 
and shall not be required to have such an identification 
aid unless required by the Archivist.
(e) T ransmission to the National Archives.—Each Gov -
ernment office shall—
(1) transmit to the Archivist, and make immediately avail -
able to the public, all assassination records that can be public -
ly disclosed, including those that are publicly available on the 
date of enactment of this Act, without any redaction, adjust -


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date of enactment of this Act, without any redaction, adjust -
ment, or withholding under the standards of this Act; and(2) transmit to the Archivist upon approval for postpone -
ment by the Review Board or upon completion of other 
action authorized by this Act, all assassination records the 
public disclosure of which has been postponed, in whole 
or in part, under the standards of this Act, to become part 
of the protected Collection.
(f) Custody of postponed assassination records.—An as -


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(f) Custody of postponed assassination records.—An as -
sassination record the public disclosure of which has been 
postponed shall, pending transmission to the Archivist, be 
held for reasons of security and preservation by the orig -
inating body until such time as the information security 
program has been established at the National Archives as 
required in section 4(e)(2).
(g) Periodic review of postponed assassination records.—
(1) All postponed or redacted records shall be reviewed


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(1) All postponed or redacted records shall be reviewed 
periodically by the originating agency and the Archivist 
consistent with the recommendations of the Review 
Board under section 9(c)(3)(B).—
(2)(A) A periodic review shall address the public disclo -
sure of additional assassination records in the Collection 
under the standards of this Act.
(B) All postponed assassination records determined to 
require continued postponement shall require an unclas -


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require continued postponement shall require an unclas -
sified written description of the reason for such continued 
postponement. Such description shall be provided to the


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require continued postponement shall require an unclas -
sified written description of the reason for such continued 
postponement. Such description shall be provided to the 
Archivist and published in the Federal Register upon de -
termination.
(C) The periodic review of postponed assassination 
records shall serve to downgrade and declassify securi -
ty-classified information.
(D) Each assassination record shall be publicly disclosed 
in full, and available in the Collection no later than the


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in full, and available in the Collection no later than the 
date that is 25 years after the date of enactment of this Act 
[Oct. 26, 1992], unless the President certifies, as required 
by this Act, that—
(i) continued postponement is made necessary by an 
identifiable harm to the military defense, intelligence 
operations, law enforcement, or conduct of foreign re -
lations; and
(ii) the identifiable harm is of such gravity that it out -
weighs the public interest in disclosure.


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weighs the public interest in disclosure.
(h) Fees for copying.—Executive branch agencies shall—
(1) charge fees for copying assassination records; and
(2) grant waivers of such fees pursuant to the standards 
established by section 552(a)(4) of title 5, United States 
Code.


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BASIC LAWS and AUTHORITIES  | 25	Sec. 6. Grounds for postponement of public disclosure 
of records
Disclosure of assassination records or particular informa -
tion in assassination records to the public may be post -
poned subject to the limitations of this Act if there is clear 
and convincing evidence that—
(1) the threat to the military defense, intelligence opera -
tions, or conduct of foreign relations of the United States 
posed by the public disclosure of the assassination record


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posed by the public disclosure of the assassination record 
is of such gravity that it outweighs the public interest, and 
such public disclosure would reveal—
(A) an intelligence agent whose identity currently re -
quires protection;
(B) an intelligence source or method which is current -
ly utilized, or reasonably expected to be utilized, by the 
United States Government and which has not been offi -
cially disclosed, the disclosure of which would interfere


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cially disclosed, the disclosure of which would interfere 
with the conduct of intelligence activities; or
(C) any other matter currently relating to the military de -
fense, intelligence operations or conduct of foreign relations 
of the United States, the disclosure of which would demon -
strably impair the national security of the United States;
(2) the public disclosure of the assassination record would 
reveal the name or identity of a living person who pro -


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reveal the name or identity of a living person who pro -
vided confidential information to the United States and 
would pose a substantial risk of harm to that person;
(3) the public disclosure of the assassination record could 
reasonably be expected to constitute an unwarranted in -
vasion of personal privacy, and that invasion of privacy is 
so substantial that it outweighs the public interest;
(4) the public disclosure of the assassination record would


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(4) the public disclosure of the assassination record would 
compromise the existence of an understanding of confi -
dentiality currently requiring protection between a Gov -
ernment agent and a cooperating individual or a foreign 
government, and public disclosure would be so harmful 
that it outweighs the public interest; or
(5) the public disclosure of the assassination record would 
reveal a security or protective procedure currently utilized,


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reveal a security or protective procedure currently utilized, 
or reasonably expected to be utilized, by the Secret Service 
or another Government agency responsible for protecting 
Government officials, and public disclosure would be so 
harmful that it outweighs the public interest.
Sec. 7. Establishment and powers of the Assassination Re -
cords Review Board(a) Establishment.—There is established as an indepen -
dent agency a board to be known as the Assassinations 
[sic] Records Review Board.


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[sic] Records Review Board.
(b) Appointment.—(1) The President, by and with the 
advice and consent of the Senate, shall appoint, without 
regard to political affiliation, 5 citizens to serve as mem -
bers of the Review Board to ensure and facilitate the re -
view, transmission to the Archivist, and public disclosure 
of Government records related to the assassination of 
President John F . Kennedy.
(2) The President shall make nominations to the Review


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(2) The President shall make nominations to the Review 
Board not later than 90 calendar days after the date of 
enactment of this Act [Oct. 26, 1992].
(3) If the Senate votes not to confirm a nomination to 
the Review Board, the President shall make an additional 
nomination not later than 30 days thereafter.
(4)(A) The President shall make nominations to the Re -
view Board after considering persons recommended by 
the American Historical Association, the Organization of


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the American Historical Association, the Organization of 
American Historians, the Society of American Archivists, 
and the American Bar Association.
(B) If an organization described in subparagraph (A) 
does not recommend at least 2 nominees meeting the 
qualifications stated in paragraph (5) by the date that is 
45 days after the date of enactment of this Act [Oct. 26, 
1992], the President shall consider for nomination the 
persons recommended by the other organizations de -
scribed in subparagraph (A).


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scribed in subparagraph (A).
(C) The President may request an organization described 
in subparagraph (A) to submit additional nominations.


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persons recommended by the other organizations de -
scribed in subparagraph (A).
(C) The President may request an organization described 
in subparagraph (A) to submit additional nominations.
(5) Persons nominated to the Review Board—
(A) shall be impartial private citizens, none of whom 
is presently employed by any branch of the Government, 
and none of whom shall have had any previous involve -
ment with any official investigation or inquiry conducted


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ment with any official investigation or inquiry conducted 
by a Federal, State, or local government, relating to the 
assassination of President John F . Kennedy;
(B) shall be distinguished persons of high national 
professional reputation in their respective fields who are 
capable of exercising the independent and objective judg -
ment necessary to the fulfillment of their role in ensuring 
and facilitating the review, transmission to the public, and


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and facilitating the review, transmission to the public, and 
public disclosure of records related to the assassination of 
President John F . Kennedy and who possess an apprecia -
tion of the value of such material to the public, scholars, 
and government; and


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26 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 27	(C) shall include at least 1 professional historian and 1 
attorney.
(c) Security clearances.—(1) All Review Board nominees 
shall be granted the necessary security clearances in an ac -
celerated manner subject to the standard procedures for 
granting such clearances.
(2) All nominees shall qualify for the necessary security 
clearance prior to being considered for confirmation by 
the Committee on Governmental Affairs of the Senate.


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the Committee on Governmental Affairs of the Senate.
(d) Confirmation hearings.—(1) The Committee on 
Governmental Affairs of the Senate shall hold confirma -
tion hearings within 30 days in which the Senate is in 
session after the nomination of 3 Review Board members.
(2) The Committee on Governmental Affairs shall vote on 
the nominations within 14 days in which the Senate is in 
session after the confirmation hearings, and shall report 
its results to the full Senate immediately.


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its results to the full Senate immediately.
(3) The Senate shall vote on each nominee to confirm or 
reject within 14 days in which the Senate is in session after 
reported by the Committee on Governmental Affairs.
(e) Vacancy.—A vacancy on the Review Board shall be 
filled in the same manner as specified for original appoint -
ment within 30 days of the occurrence of the vacancy.
(f) Chairperson.—The Members of the Review Board 
shall elect one of its members as chairperson at its initial 
meeting.


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meeting.
(g) Removal of Review Board member.—(1) No member 
of the Review Board shall be removed from office, other 
than—
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency, ne -
glect of duty, malfeasance in office, physical disability, 
mental incapacity, or any other condition that substan -
tially impairs the performance of the member’s duties.
(2)(A) If a member of the Review Board is removed from 
office, and that removal is by the President, not later than


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office, and that removal is by the President, not later than 
10 days after the removal the President shall submit to 
the Committee on Government Operations of the House 
of Representatives and the Committee on Governmental
Affairs of the Senate a report specifying the facts found 
and the grounds for the removal.
(B) The President shall publish in the Federal Register a 
report submitted under paragraph (2)(A), except that the 
President may, if necessary to protect the rights of a per -


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President may, if necessary to protect the rights of a per -
son named in the report or to prevent undue interference 
with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion 
of such pending cases or pursuant to privacy protection 
requirements in law.
(3)(A) A member of the Review Board removed from of -
fice may obtain judicial review of the removal in a civil 
action commenced in the United States District Court for 
the District of Columbia.


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the District of Columbia.
(B) The member may be reinstated or granted other ap -
propriate relief by order of the court.
(h) Compensation of members.—(1) A member of the 
Review Board shall be compensated at a rate equal to the 
daily equivalent of the annual rate of basic pay prescribed 
for level IV of the
Executive Schedule under section 5315 of title 5, United 
States Code, for each day (including travel time) during 
which the member is engaged in the performance of the 
duties of the Review Board.


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duties of the Review Board.
(2) A member of the Review Board shall be allowed rea -
sonable travel expenses, including per diem in lieu of sub -
sistence, at rates for employees of agencies under subchap -
ter I of chapter 57 of title 5, United States Code, while 
away from the member’s home or regular place of business 
in the performance of services for the Review Board.
(i) Duties of the Review Board.—(1) The Review Board 
shall consider and render decisions on a determination by


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shall consider and render decisions on a determination by 
a Government office to seek to postpone the disclosure of 
assassination records.
(2) In carrying out paragraph (1), the Review Board shall 
consider and render decisions—
(A) whether a record constitutes an assassination re -
cord; and


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assassination records.
(2) In carrying out paragraph (1), the Review Board shall 
consider and render decisions—
(A) whether a record constitutes an assassination re -
cord; and
(B) whether an assassination record or particular infor -
mation in a record qualifies for postponement of disclo -
sure under this Act.
(j) Powers.—(1) The Review Board shall have the author -
ity to act in a manner prescribed under this Act including 
authority to—
(A) direct Government offices to complete identifica -


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(A) direct Government offices to complete identifica -
tion aids and organize assassination records;
(B) direct Government offices to transmit to the Archi -
vist assassination records as required under this Act, in -
cluding segregable portions of assassination records, and 
substitutes and summaries of assassination records that 
can be publicly disclosed to the fullest extent;
(C)(i) obtain access to assassination records that have 
been identified and organized by a Government office;


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BASIC LAWS and AUTHORITIES  | 27	(ii) direct a Government office to make available to 
the Review Board, and if necessary investigate the facts 
surrounding, additional information, records, or testi -
mony from individuals, which the Review Board has 
reason to believe is required to fulfill its functions and 
responsibilities under this Act; and
(iii) request the Attorney General to subpoena pri -
vate persons to compel testimony, records, and other


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vate persons to compel testimony, records, and other 
information relevant to its responsibilities under this 
Act;
(D) require any Government office to account in writ -
ing for the destruction of any records relating to the assas -
sination of President John F . Kennedy;
(E) receive information from the public regarding the 
identification and public disclosure of assassination re -
cords;
(F) hold hearings, administer oaths, and subpoena wit -
nesses and documents; and


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nesses and documents; and
(G) use the Federal Supply Service in the same manner 
and under the same conditions as other departments and 
agencies of the United States; and
(H) use the United States mails in the same manner 
and under the same conditions as other departments and 
agencies of the United States.
(2) A subpoena issued under paragraph (1)(C)(iii) may be 
enforced by any appropriate Federal court acting pursu -
ant to a lawful request of the Review Board.


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ant to a lawful request of the Review Board.
(k) Witness immunity.—The Review Board shall be con -
sidered to be an agency of the United States for purposes 
of section 6001 of title 18, United States Code.
(l) Oversight.—(1) The Committee on Government Op -
erations of the House of Representatives and the Com -
mittee on Governmental Affairs of the Senate shall have 
continuing oversight jurisdiction with respect to the offi -
cial conduct of the Review Board and the disposition of


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cial conduct of the Review Board and the disposition of 
postponed records after termination of the Review Board, 
and shall have access to any records held or created by the 
Review Board.
(2) The Review Board shall have the duty to cooperate 
with the exercise of such oversight jurisdiction.
(m) Support Services.—The Administrator of the General 
Services Administration shall provide administrative ser -
vices for the Review Board on a reimbursable basis.


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vices for the Review Board on a reimbursable basis.
(n) Interpretive regulations.—The Review Board may is -
sue interpretive regulations.
(o) Termination and winding up.—(1) The Review Board and the terms of its members shall terminate not later 
than September 30, 1998.
(2) Upon its termination, the Review Board shall submit 
reports to the President and the Congress including a 
complete and accurate accounting of expenditures during 
its existence, and shall complete all other reporting re -


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its existence, and shall complete all other reporting re -
quirements under this Act.
(3) Upon termination and winding up, the Review Board 
shall transfer all of its records to the Archivist for inclu -
sion in the Collection, and no record of the Review Board 
shall be destroyed.
Sec. 8. Assassination Records Review Board personnel
(a) Executive director.—(1) Not later than 45 days after 
the initial meeting of the Review Board, the Review Board


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the initial meeting of the Review Board, the Review Board 
shall appoint one citizen, without regard to political affil -
iation, to the position of Executive Director.
(2) The person appointed as Executive Director shall be a 
private citizen of integrity and impartiality who is a dis -
tinguished professional and who is not a present employee 
of any branch of the Government and has had no previ -
ous involvement with any official investigation or inquiry


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ous involvement with any official investigation or inquiry 
relating to the assassination of President John F . Kennedy.
(3)(A) A candidate for Executive Director shall be granted 
the necessary security clearances in an accelerated man -
ner subject to the standard procedures for granting such 
clearances.
(B) A candidate shall qualify for the necessary security 
clearance prior to being approved by the Review Board.
(4) The Executive Director shall—
(A) serve as principal liaison to Government offices;


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(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordina -
tion of the Review Board’s review of records;


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(4) The Executive Director shall—
(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordina -
tion of the Review Board’s review of records;
(C) be responsible for the administration of all official 
activities conducted by the Review Board; and
(D) have no authority to decide or determine whether 
any record should be disclosed to the public or postponed 
for disclosure.
(5) The Executive Director shall not be removed for rea -


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(5) The Executive Director shall not be removed for rea -
sons other than by a majority vote of the Review Board 
for cause on the grounds of inefficiency, neglect of duty, 
malfeasance in office, physical disability, mental incapac -
ity, or any other condition that substantially impairs the 
performance of the responsibilities of the Executive Di -
rector or the staff of the Review Board.


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28 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 29	(b) Staff.—(1) The Review Board, without regard to the 
civil service laws, may appoint and terminate additional 
personnel as are necessary to enable the Review Board and 
its Executive Director to perform the duties of the Review 
Board.
(2)(A) Except as provided in subparagraph (B), a person 
appointed to the staff of the Review Board shall be a pri -
vate citizen of integrity and impartiality who is not a pres -


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vate citizen of integrity and impartiality who is not a pres -
ent employee of any branch of the Government and who 
has had no previous involvement with any official investi -
gation or inquiry relating to the assassination of President 
John F . Kennedy.
(B) An individual who is an employee of the Govern -
ment may be appointed to the staff of the Review Board if 
in that position the individual will perform only admin -
istrative functions.
(3)(A) A candidate for staff shall be granted the necessary


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(3)(A) A candidate for staff shall be granted the necessary 
security clearances in an accelerated manner subject to the 
standard procedures for granting such clearances.
(B)(i) The Review Board may offer conditional employ -
ment to a candidate for a staff position pending the 
completion of security clearance background investiga -
tions. During the pendency of such investigations, the 
Review Board shall ensure that any such employee does 
not have access to, or responsibility involving, classified


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not have access to, or responsibility involving, classified 
or otherwise restricted assassination record materials.
(ii) If a person hired on a conditional basis under 
clause (i) is denied or otherwise does not qualify for all 
security clearances necessary to carry out the responsi -
bilities of the position for which conditional employ -
ment has been offered, the Review Board shall immedi -
ately terminate the person’s employment.
(c) Compensation.—Subject to such rules as may be


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(c) Compensation.—Subject to such rules as may be 
adopted by the Review Board, the chairperson, without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service and 
without regard to the provisions of chapter 51 and sub -
chapter III of chapter 53 of that title relating to classifica -
tion and General Schedule pay rates, may—
(1) appoint an Executive Director, who shall be paid at a 
rate not to exceed the rate of basic pay for level V of the


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rate not to exceed the rate of basic pay for level V of the 
Executive Schedule; and
(2) appoint and fix compensation of such other personnel 
as may be necessary to carry out this Act.
(d) Advisory committees.—(1) The Review Board shall 
have the authority to create advisory committees to assist in fulfilling the responsibilities of the Review Board under 
this Act.
(2) Any advisory committee created by the Review Board 
shall be subject to the Federal Advisory Committee Act (5 
U.S.C. App. 2).


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U.S.C. App. 2).
(e) Security clearance required.—An individual em -
ployed in any position by the Review Board (including an 
individual appointed as Executive Director) shall be re -
quired to qualify for any necessary security clearance prior 
to taking office in that position, but may be employed 
conditionally in accordance with subsection (b)(3)(B) be -
fore qualifying for that clearance.
Sec. 9. Review of records by the Assassination Records 
Review Board


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Review Board
(a) Custody of records reviewed by Board.—Pending the 
outcome of the Review Board’s review activity, a Govern -
ment office shall retain custody of its assassination records 
for purposes of preservation, security, and efficiency, un -
less—
(1) the Review Board requires the physical transfer of re -
cords for reasons of conducting an independent and im -
partial review; or
(2) such transfer is necessary for an administrative hearing 
or other official Review Board function.


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or other official Review Board function.
(b) Startup requirements.—The Review Board shall—
(1) not later than 90 days after the date of its appoint -
ment, publish a schedule for review of all assassination 
records in the Federal Register; and
(2) not later than 180 days after the date of enactment of 
this Act [Oct. 26, 1992], begin its review of assassination 
records under this Act.


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records in the Federal Register; and
(2) not later than 180 days after the date of enactment of 
this Act [Oct. 26, 1992], begin its review of assassination 
records under this Act.
(c) Determinations of the Review Board.—(1) The Re -
view Board shall direct that all assassination records be 
transmitted to the Archivist and disclosed to the public 
in the Collection in the absence of clear and convincing 
evidence that—
(A) a Government record is not an assassination record; or


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(A) a Government record is not an assassination record; or
(B) a Government record or particular information 
within an assassination record qualifies for postpone -
ment of public disclosure under this Act.
(2) In approving postponement of public disclosure of an 
assassination record, the Review Board shall seek to—
(A) provide for the disclosure of segregable parts, sub -
stitutes, or summaries of such a record; and


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BASIC LAWS and AUTHORITIES  | 29	(B) determine, in consultation with the originating 
body and consistent with the standards for postponement 
under this Act, which of the following alternative forms of 
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in 
an assassination record.
(ii) A substitute record for that information which is 
postponed.
(iii) A summary of an assassination record.
(3) With respect to each assassination record or particular


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(3) With respect to each assassination record or particular 
information in assassination records the public disclosure 
of which is postponed pursuant to section 6, or for which 
only substitutions or summaries have been disclosed to 
the public, the Review Board shall create and transmit to 
the Archivist a report containing—
(A) a description of actions by the Review Board, the 
originating body, the President, or any Government office 
(including a justification of any such action to postpone


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(including a justification of any such action to postpone 
disclosure of any record or part of any record) and of any 
official proceedings conducted by the Review Board with 
regard to specific assassination records; and
(B) a statement, based on a review of the proceedings 
and in conformity with the decisions reflected therein, 
designating a recommended specified time at which or a 
specified occurrence following which the material may be 
appropriately disclosed to the public under this Act.


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appropriately disclosed to the public under this Act.
(4)(A) Following its review and a determination that an 
assassination record shall be publicly disclosed in the Col -
lection or postponed for disclosure and held in the pro -
tected Collection, the Review Board shall notify the head 
of the originating body of its determination and publish a 
copy of the determination in the Federal Register within 
14 days after the determination is made.
(B) Contemporaneous notice shall be made to the Pres -


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(B) Contemporaneous notice shall be made to the Pres -
ident for Review Board determinations regarding exec -
utive branch assassination records, and to the oversight 
committees designated in this Act in the case of legislative 
branch records. Such notice shall contain a written unclas -
sified justification for public disclosure or postponement 
of disclosure, including an explanation of the application 
of any standards contained in section 6.


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of any standards contained in section 6.
(d) Presidential authority over Review Board determination.—
(1) Public disclosure or postponement of disclosure.—
After the Review Board has made a formal determina -
tion concerning the public disclosure or postponement 
of disclosure of an executive branch assassination record or information within such a record, or of any informa -
tion contained in an assassination record, obtained or 
developed solely within the executive branch, the Pres -


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developed solely within the executive branch, the Pres -
ident shall have the sole and nondelegable authority to 
require the disclosure or postponement of such record or 
information under the standards set forth in section 6, 
and the President shall provide the Review Board with 
an unclassified written certification specifying the Pres -
ident’s decision within 30 days after the Review Board’s 
determination and notice to the executive branch agency


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determination and notice to the executive branch agency 
as required under this Act, stating the justification for the 
President’s decision, including the applicable grounds for 
postponement under section 6, accompanied by a copy of 
the identification aid required under section 4.
(2) Periodic review.—Any executive branch assassination 
record postponed by the President shall be subject to the 
requirements of periodic review, downgrading and declas -


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requirements of periodic review, downgrading and declas -
sification of classified information, and public disclosure 
in the collection set forth in section 4.
(3) Record of presidential postponement.—The Review 
Board shall, upon its receipt, publish in the Federal Reg -
ister a copy of any unclassified written certification, state -
ment, and other materials transmitted by or on behalf of 
the President with regard to postponement of assassina -
tion records.


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ment, and other materials transmitted by or on behalf of 
the President with regard to postponement of assassina -
tion records.
(e) Notice to public.—Every 30 calendar days, begin -
ning on the date that is 60 calendar days after the date on 
which the Review Board first approves the postponement 
of disclosure of an assassination record, the Review Board 
shall publish in the Federal Register a notice that summa -
rizes the postponements approved by the Review Board or


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rizes the postponements approved by the Review Board or 
initiated by the President, the House of Representatives, 
or the Senate, including a description of the subject, orig -
inating agency, length or other physical description, and 
each ground for postponement that is relied upon.
(f) Reports by the review board.—(1) The Review Board 
shall report its activities to the leadership of the Congress, 
the Committee on Government Operations of the House


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the Committee on Government Operations of the House 
of Representatives, the Committee on Governmental Af -
fairs of the Senate, the President, the Archivist, and the 
head of any Government office whose records have been 
the subject of Review Board activity.
(2) The first report shall be issued on the date that is 1 year 
after the date of enactment of this Act
[Oct. 26, 1992], and subsequent reports every 12 months 
thereafter until termination of the Review Board.


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30 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 31	(3) A report under paragraph (1) shall include the follow -
ing information:
(A) A financial report of the expenses for all official 
activities and requirements of the Review Board and its 
personnel.
(B) The progress made on review, transmission to the 
Archivist, and public disclosure of assassination records.
(C) The estimated time and volume of assassination re -
cords involved in the completion of the Review Board’s


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cords involved in the completion of the Review Board’s 
performance under this Act.
(D) Any special problems, including requests and the 
level of cooperation of Government offices, with regard 
to the ability of the Review Board to operate as required 
by this Act.
(E) A record of review activities, including a record of 
postponement decisions by the Review Board or other re -
lated actions authorized by this Act, and a record of the 
volume of records reviewed and postponed.


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volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional 
legislative authority needs.
(G) An appendix containing copies of reports of post -
poned records to the Archivist required under section 9(c)
(3) made since the date of the preceding report under this 
subsection.
(4) At least 90 calendar days before completing its work, 
the Review Board shall provide written notice to the Pres -
ident and Congress of its intention to terminate its oper -


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ident and Congress of its intention to terminate its oper -
ations at a specified date.
Sec. 10. Disclosure of other materials and additional study
(a) Materials under seal of court.—
(1) The Review Board may request the Attorney General 
to petition any court in the United States or abroad to re -
lease any information relevant to the assassination of Pres -
ident John F . Kennedy that is held under seal of the court.
(2)(A) The Review Board may request the Attorney Gen -


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(2)(A) The Review Board may request the Attorney Gen -
eral to petition any court in the United States to release 
any information relevant to the assassination of President 
John F . Kennedy that is held under the injunction of se -
crecy of a grand jury.
(B) A request for disclosure of assassination materials 
under this Act shall be deemed to constitute a showing of 
particularized need under Rule 6 of the Federal Rules of 
Criminal Procedure [18 U.S.C.A.].


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Criminal Procedure [18 U.S.C.A.].
(b) Sense of congress.—It is the sense of the Congress that—(1) the Attorney General should assist the Review Board 
in good faith to unseal any records that the Review Board 
determines to be relevant and held under seal by a court 
or under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact the Government 
of the Republic of Russia and seek the disclosure of all 
records of the government of the former Soviet Union,


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records of the government of the former Soviet Union, 
including the records of the Komitet Gosudarstvennoy 
Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye 
Upravleniye (GRU), relevant to the assassination of Presi -
dent Kennedy, and contact any other foreign government 
that may hold information relevant to the assassination 
of President Kennedy and seek disclosure of such infor -
mation; and
(3) all Executive agencies should cooperate in full with


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(3) all Executive agencies should cooperate in full with 
the Review Board to seek the disclosure of all information 
relevant to the assassination of President John F . Kennedy 
consistent with the public interest.
Sec. 11. Rules of construction
(a) Precedence over other law.—When this Act requires 
transmission of a record to the Archivist or public disclo -
sure, it shall take precedence over any other law (except 
section 6103 of the Internal Revenue Code), judicial de -


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section 6103 of the Internal Revenue Code), judicial de -
cision construing such law, or common law doctrine that 
would otherwise prohibit such transmission or disclosure, 
with the exception of deeds governing access to or transfer 
or release of gifts and donations of records to the United 
States Government.
(b) Freedom of Information Act.—Nothing in this Act 
shall be construed to eliminate or limit any right to file 
requests with any executive agency or seek judicial review


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requests with any executive agency or seek judicial review 
of the decisions pursuant to section 552 of title 5, United 
States Code.


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shall be construed to eliminate or limit any right to file 
requests with any executive agency or seek judicial review 
of the decisions pursuant to section 552 of title 5, United 
States Code.
(c) Judicial review.—Nothing in this Act shall be con -
strued to preclude judicial review, under chapter 7 of title 
5, United States Code, of final actions taken or required 
to be taken under this Act.
(d) Existing authority.—Nothing in this Act revokes or


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(d) Existing authority.—Nothing in this Act revokes or 
limits the existing authority of the President, any execu -
tive agency, the Senate, or the House of Representatives, 
or any other entity of the Government to publicly disclose 
records in its possession.
(e) Rules of the Senate and House of Representatives.—
To the extent that any provision of this Act establishes a


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BASIC LAWS and AUTHORITIES  | 31	procedure to be followed in the Senate or the House of 
Representatives, such provision is adopted—
(1) as an exercise of the rulemaking power of the Senate 
and House of Representatives, respectively, and is deemed 
to be part of the rules of each House, respectively, but ap -
plicable only with respect to the procedure to be followed 
in that House, and it supersedes other rules only to the 
extent that it is inconsistent with such rules; and


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extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of either 
House to change the rules (so far as they relate to the proce -
dure of that House) at any time, in the same manner, and to 
the same extent as in the case of any other rule of that House.
Sec. 12. Termination of effect of Act
(a) Provisions pertaining to the Review Board.—The pro -
visions of this Act that pertain to the appointment and


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visions of this Act that pertain to the appointment and 
operation of the Review Board shall cease to be effective 
when the Review Board and the terms of its members 
have terminated pursuant to section 7(o).
(b) Other provisions.—The remaining provisions of this 
Act shall continue in effect until such time as the Archivist 
certifies to the President and the Congress that all assassi -
nation records have been made available to the public in 
accordance with this Act.


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accordance with this Act.
Sec. 13. Authorization of appropriations
(a) In general.—There are authorized to be appropriated 
to carry out the provisions of this Act $1,600,000 for fis -
cal year 1998.
(b) Interim funding.—Until such time as funds are ap -
propriated pursuant to subsection (a), the President may 
use such sums as are available for discretionary use to car -
ry out this Act.
Sec. 14. Severability
If any provision of this Act or the application thereof to


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If any provision of this Act or the application thereof to 
any person or circumstance is held invalid, the remainder 
of this Act and the application of that provision to other 
persons not similarly situated or to other circumstances 
shall not be affected by the invalidation.”
[Any reference in any provision of law enacted before Jan. 
4, 1995, to the Committee on Government Operations of the House of Representatives treated as referring to the 
Committee on Government Reform and Oversight of


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Committee on Government Reform and Oversight of 
the House of Representatives, except that any reference 
in any provision of law enacted before Jan. 4, 1995, to 
the Committee on Government Operations of the House 
of Representatives treated as referring to the Committee 
on the Budget of the House of Representatives in the 
case of a provision of law relating to the establishment, 
extension, and enforcement of special controls over the 
Federal budget, see section 1(a)(6) and (c)(2) of Pub. L.


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Federal budget, see section 1(a)(6) and (c)(2) of Pub. L. 
104-14, set out as a note preceding section 21 of Title 2, 
The Congress.]
(End of Note)
44 U.S.C. § 2107 NOTE.  ESTABLISHMENT OF 
NATIONAL DATABASE FOR RECORDS OF 
SERVITUDE, EMANCIPATION, AND POST-
CIVIL WAR RECONSTRUCTION.
National Database for Records of Servitude (Pub. L. 110-
404, § 7)
(a) IN GENERAL.—The Archivist of the United States 
may preserve relevant records and establish, as part of the


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may preserve relevant records and establish, as part of the 
National Archives and Records Administration, an elec -
tronically searchable national database consisting of his -
toric records of servitude, emancipation, and post-Civil 
War reconstruction, including the Refugees, Freedman, 
and Abandoned Land Records, Southern Claims Com -
mission Records, Records of the Freedmen’s Bank, Slave 
Impressments Records, Slave Payroll Records, Slave Man -
ifest, and others, contained within the agencies and de -


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ifest, and others, contained within the agencies and de -
partments of the Federal Government to assist African 
Americans and others in conducting genealogical and 
historical research.
(b) MAINTENANCE.—Any database established under 
this section shall be maintained by the National Archives 
and Records Administration or an entity within the Na -
tional Archives and Records Administration designated 
by the Archivist of the United States.
§ 2108. RESPONSIBILITY FOR CUSTODY, USE,


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tional Archives and Records Administration designated 
by the Archivist of the United States.
§ 2108. RESPONSIBILITY FOR CUSTODY, USE, 
AND WITHDRAWAL OF RECORDS
(a) The Archivist shall be responsible for the custody, 
use, and withdrawal of records transferred to him. When 
records, the use of which is subject to statutory limitations


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32 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 33	and restrictions, are so transferred, permissive and restrictive 
statutory provisions with respect to the examination and use 
of records applicable to the head of the agency from which 
the records were transferred or to employees of that agency 
are applicable to the Archivist and to the employees of the 
National Archives and Records Administration, respectively. 
Except as provided in subsection (b) of this section, when the


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Except as provided in subsection (b) of this section, when the 
head of a Federal agency states, in writing, restrictions that 
appear to him to be necessary or desirable in the public in -
terest with respect to the use or examination of records being 
considered for transfer from his custody to the Archivist, the 
Archivist shall, if he concurs, impose such restrictions on the 
records so transferred, and may not relax or remove such re -
strictions without the written concurrence of the head of the


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strictions without the written concurrence of the head of the 
agency from which the material was transferred, or of his suc -
cessor in function, if any. In the event that a Federal agency is 
terminated and there is no successor in function, the Archi -
vist is authorized to relax, remove, or impose restrictions on 
such agency’s records when he determines that such action is 
in the public interest. Statutory and other restrictions referred 
to in this subsection shall remain in force until the records


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to in this subsection shall remain in force until the records 
have been in existence for thirty years unless the Archivist 
by order, having consulted with the head of the transferring 
Federal agency or his successor in function, determines, with 
respect to specific bodies of records, that for reasons consis -
tent with standards established in relevant statutory law, such 
restrictions shall remain in force for a longer period. Restric -
tion on the use or examination of records deposited with the


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tion on the use or examination of records deposited with the 
National Archives of the United States imposed by section 3 
of the National Archives Act, approved June 19, 1934, shall 
continue in force regardless of the expiration of the tenure of 
office of the official who imposed them but may be removed 
or relaxed by the Archivist with the concurrence in writing of 
the head of the agency from which material was transferred 
or of his successor in function, if any.


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or of his successor in function, if any.
(b) With regard to the census and survey records of the 
Bureau of the Census containing data identifying indi -
viduals enumerated in population censuses, any release 
pursuant to this section of such identifying information 
contained in such records shall be made by the Archivist 
pursuant to the specifications and agreements set forth in 
the exchange of correspondence on or about the date of 
October 10, 1952, between the Director of the Bureau of


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October 10, 1952, between the Director of the Bureau of 
the Census and the Archivist of the United States, togeth -
er with all amendments thereto, now or hereafter entered 
into between the Director of the Bureau of the Census and the Archivist of the United States. Such amendments, 
if any, shall be published in the Register.
44 U.S.C. § 2108 NOTE. PROCEDURES TO 
PREVENT UNAUTHORIZED REMOVAL OF 
CLASSIFIED RECORDS FROM NATIONAL 
ARCHIVES.
(a) Classified Records.—Not later than 90 days after


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ARCHIVES.
(a) Classified Records.—Not later than 90 days after 
the date of the enactment of this Act, the Archivist shall 
prescribe internal procedures to prevent the unauthorized 
removal of classified records from the National Archives 
and Records Administration or the destruction or damage 
of such records, including when such records are accessed 
or searched electronically. Such procedures shall include, 
at a minimum, the following prohibitions:


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at a minimum, the following prohibitions:
(1) An individual, other than covered personnel, may 
not view classified records in any room that is not secure, 
except in the presence of National Archives and Records 
Administration personnel or under video surveillance.
(2) An individual, other than covered personnel, may not 
be left alone with classified records, unless that individual 
is under video surveillance.
(3) An individual, other than covered personnel, may


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be left alone with classified records, unless that individual 
is under video surveillance.
(3) An individual, other than covered personnel, may 
not review classified records while possessing any cellular 
phone, electronic personal communication device, or any 
other devices capable of photographing, recording, or 
transferring images or content.
(4) An individual seeking access to review classified 
records, as a precondition to such access, must consent


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records, as a precondition to such access, must consent 
to a search of their belongings upon conclusion of their 
records review.
(5) All notes and other writings prepared by an individual, 
other than covered personnel, during the course of a review 
of classified records shall be retained by the National 
Archives and Records Administration in a secure facility 
until such notes and other writings are determined to be 
unclassified, are declassified, or are securely transferred to


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unclassified, are declassified, or are securely transferred to 
another secure facility.
(b) DEFINITIONS.—In this section: 
(1) COVERED PERSONNEL.—The term ‘‘covered 
personnel’’ 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 clearances; or


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BASIC LAWS and AUTHORITIES  | 33	(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 Government.
(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 preservation,


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The Archivist shall provide for the preservation, 
arrangement, repair and rehabilitation, duplication 
and reproduction (including microcopy publications), 
description, and exhibition of records or other 
documentary material transferred to him as may be needful 
or appropriate, including the preparation and publication 
of inventories, 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


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and other finding aids to Federal records and, when 
approved by the National Historical Publications and 
Records Commission, publish such historical works and 
collections of sources as seem appropriate for printing or 
otherwise recording at the public expense.
§ 2110. SERVICING RECORDS
The Archivist shall provide and maintain facilities he con -
siders necessary or desirable for servicing records in his 
custody that are not exempt from examination by statuto -
ry or other restrictions.


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ry or other restrictions.
§ 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 Pres -
ident 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 restric -


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former President of the United States, subject to restric -
tions agreeable to the Archivist as to their use; and
(2) recorded information (as such term is defined in 
section 3301(a)(2) of this title) from private sources that 
are appropriate for preservation by the Government as ev -
idence 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


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case of any Presidential records which are subject to the 
provisions of chapter 22 of this title.44 U.S.C. § 2111 NOTE
PRESIDENTIAL RECORDINGS AND 
MATERIALS PRESERVATION ACT
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 [this section] any 
Federal employee in possession shall deliver, and the 
Archivist of the United States (hereinafter in this title


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Archivist of the United States (hereinafter in this title 
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 oth -
er individuals who, at the time of the conversation, were 
employed by the Federal Government;


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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 agree -
ment or understanding made pursuant to section 2111 of


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ment or understanding made pursuant to section 2111 of 
title 44, United States Code [this section], 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 mate -
rials which constitute the Presidential historical materials 
of Richard M. Nixon, covering the period beginning Jan -
uary 20, 1969, and ending August 9, 1974.
(2) For purposes of this subsection, the term ‘historical


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of Richard M. Nixon, covering the period beginning Jan -
uary 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 [section 2101 of this title].
Availability of Certain Presidential Materials
Sec. 102. (a) None of the tape recordings or other materi -
als referred to in section 101 shall be destroyed, except as 
hereafter may be provided by law.


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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 
[this section], the tape recordings and other materials re -
ferred to in section 101 shall, immediately upon the date 
of enactment of this title, be made available, subject to


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34 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 35	any rights, defenses, or privileges which the Federal Gov -
ernment or any person may invoke, for use in any judicial 
proceeding or otherwise subject to court subpoena or oth -
er legal process. Any request by the Office of Watergate 
Special Prosecution Force, whether by court subpoena 
or other lawful process, for access to such recordings or 
materials shall at all times have priority over any other


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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 des -
ignate 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


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(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 T ape Recordings and Other 
Materials
Sec. 103. The Archivist shall issue at the earliest possible 
date such regulations as may be necessary to assure the


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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. The Archivist may transfer 
such recordings and materials to a Presidential archival 
depository in accordance with section 2112 of title 44, 
United States Code.
Regulations Relating to Public Access
Sec. 104. (a) The Archivist shall, within ninety days after


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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 govern -


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at the earliest reasonable date, of the abuses of govern -
mental 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 accor -
dance with appropriate procedures established for use in 
judicial proceedings, to information relating to the Na -
tion’s security;
(4) the need to protect every individual’s right to a fair 
and impartial trial;


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and impartial trial;
(5) the need to protect any party’s opportunity to as -
sert any legally or constitutionally based right or privilege 
which would prevent or otherwise limit access to such re -
cordings 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,


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(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 de -
scribed 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 un -
til the expiration of the first period of 60 calendar days 
of continuous session of the Congress after the date of


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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 ses -
sion 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 af -
ter the date upon which regulations proposed by the Ad -


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to a day certain are excluded.
(c) The provisions of this title shall not apply, on and af -
ter the date upon which regulations proposed by the Ad -
ministrator 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 af -
fect the rights, limitations or exemptions applicable under 
the Freedom of Information Act, 5 U.S.C. § 552 et seq. 
Judicial Review


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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


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BASIC LAWS and AUTHORITIES  | 35	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 pro -


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(a), a judicial decision is rendered that a particular pro -
vision 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 pro -
vision of this title has deprived an individual of private


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vision 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 T reasury 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.
[ Pub. L. 108–199, div. F, title V, §543(b), Jan. 23, 2004,


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[ Pub. L. 108–199, div. F, title V, §543(b), Jan. 23, 2004, 
118 Stat. 346 , provided that: “Nothing in section 103 
of the Presidential Recordings and Materials Preservation 
Act (Public Law 93–526; 44 U.S.C. 2111 note), as 
amended by subsection (a), may be construed as affecting 
public access to the recordings and materials referred to 
in that section as provided in regulations promulgated 
pursuant to section 104 of such Act.]
(End of Note)
§ 2112. PRESIDENTIAL ARCHIVAL 
DEPOSITORY


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(End of Note)
§ 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,


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(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 subdivi -
sion, university, institution of higher learning, institute, 
or foundation to use as a Presidential archival depository 
land, a facility, and equipment of the State, subdivision,


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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 de -
pository.
(2) The Archivist shall promulgate architectural and


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pository.
(2) The Archivist shall promulgate architectural and 
design standards applicable to Presidential archival de -
positories 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, fa -
cility, or equipment under subparagraph (A) of paragraph


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cility, or equipment under subparagraph (A) of paragraph 
(1), or prior to entering into any agreement under sub -
paragraph (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 pro -
posed Presidential archival depository to the President of 
the Senate and the Speaker of the House of Representa -
tives. The report shall include—
(A) a description of the land, facility, and equipment of -


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(A) a description of the land, facility, and equipment of -
fered as a gift or to be made available without transfer of title;


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tives. The report shall include—
(A) a description of the land, facility, and equipment of -
fered 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 endow -
ment for the depository required pursuant to subsection 
(g) of this section;
(C) a statement of the terms of the proposed agree -
ment, if any;
(D) a general description of the types of papers, docu -


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(D) a general description of the types of papers, docu -
ments, or other historical materials proposed to be depos -
ited in the depository to be created, and of the terms of 
the proposed deposit;


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36 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 37	(E) a statement of any additional improvements and 
equipment associated with the development and opera -
tion 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 de -
pository; and


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pository; 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 sub -
section.
(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


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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 de -


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the amount of the deposit in an endowment for the de -
pository required pursuant to subsection (g) of this sec -
tion 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, doc -
uments, 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


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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 pro -
tecting the depository that will result from such change 
or addition; and
(F) a certification that the depository, and the equip -
ment 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—


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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 ma -


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paragraph for the purpose of making any physical or ma -
terial 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 Archi -
vist 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.


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the case may be.
(b) When the Archivist considers it to be in the public 
interest, he may deposit in a Presidential archival depos -
itory papers, documents, or other historical materials ac -
cepted 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, docu -
ments, or other historical materials deposited under this


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ments, 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 Archi -
vist, in negotiating for the deposit of Presidential histori -
cal materials, shall take steps to secure to the Government,


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materials in his custody or under his control. The Archi -
vist, in negotiating for the deposit of Presidential histori -
cal materials, shall take steps to secure to the Government, 
as far as possible, the right to have continuous and perma -
nent 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


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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. Sub -
ject 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 per -


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materials which the Archivist determines to have no per -
manent 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.


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BASIC LAWS and AUTHORITIES  | 37	(d) When the Archivist considers it to be in the pub -
lic 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


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interest, he may charge and collect reasonable fees for the 
privilege of visiting and viewing exhibit rooms or muse -
um space, or for the occasional, non-official use of rooms 
and spaces (and services related to such use), in a Presi -
dential archival depository.
(f) When the Archivist considers it to be in the pub -
lic interest, he may provide reasonable office space in a 
Presidential archival depository for the personal use of a 
former President of the United States.


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former President of the United States.
(g)(1) When the Archivist considers it to be in the pub -
lic 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 Pres -
idential archival depository. The proceeds of gifts or be -
quests, 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


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or other items, having to do with a Presidential archival 
depository, shall be paid into an account in the Nation -
al Archives T rust 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, protec -


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appropriations for the maintenance, operation, protec -
tion, or improvement of Presidential archival depositories 
might be expended.
(2) The Archivist shall provide for the establishment in 
such T rust Fund of separate endowments for the mainte -
nance of the land, facility, and equipment of each Presi -
dential archival depository, to which shall be credited any 
gifts or bequests received under paragraph (1) that are of -
fered for that purpose. Income to each such endowment


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fered 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 Presiden -


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tial 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 fa -
cility and of acquiring and installing such equipment, 
multiplied by
(ii) 20 percent; plus


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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


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(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 prod -
uct of—
(i) the sum of—
(I) the total cost described in clause (i) of subpara -
graph (A); plus
(II) the total cost described in subclause (I) or (II) of


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uct of—
(i) the sum of—
(I) the total cost described in clause (i) of subpara -
graph (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 addi -
tion to a Presidential archival depository would result in


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tion to a Presidential archival depository would result in 
an increase in the costs of facility operations, the Archi -
vist 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 subsec -


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bequest for deposit under paragraph (2) of this subsec -
tion in an endowment with respect to such depository, an 
amount for the purpose of maintaining the land, facility,


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38 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 39	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 in -
cluded in such depository on—
(i) the date on which the Archivist took title to the 
land, facility, and equipment for such depository under


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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


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the date the Archivist took such title or entered into such 
agreement, as the case may be.
(5)(A) Notwithstanding paragraphs (3) and (4) (to 
the extent that such paragraphs are inconsistent with 
this paragraph), this subsection shall be administered 
in accordance with this paragraph with respect to any 
Presidential archival depository created as a depository for 
the papers, documents, and other historical materials and 
Presidential records pertaining to any President who takes


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Presidential records pertaining to any President who takes 
the oath of office as President for the first time on or after 
July 1, 2002.
(B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and (B)
(ii)(II) of paragraph (3) the percentage of 60 percent shall 
apply instead of 20 percent. (C)(i) In this subparagraph, 
the term ‘base endowment amount’ means the amount of 
the endowment required under paragraph (3).
(ii)(I) The Archivist may give credits against the base


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(ii)(I) The Archivist may give credits against the base 
endowment amount if the Archivist determines that 
the proposed Presidential archival depository will have 
construction features or equipment that are expected to 
result in quantifiable long-term savings to the Government 
with respect to the cost of facility operations.
(II) The features and equipment described under subclause 
(I) shall comply with the standards promulgated by the 
Archivist under subsection (a)(2).


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Archivist under subsection (a)(2).
(III) The Archivist shall promulgate standards to be used 
in calculating the dollar amount of any credit to be given, 
and shall consult with all donors of the endowment before 
giving any credits. The total dollar amount of credits given under this paragraph may not exceed 20 percent of 
the base endowment amount.
(D)(i) In calculating the additional endowment amount 
required under paragraph (4), the Archivist shall take


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required under paragraph (4), the Archivist shall take 
into account credits given under subparagraph (C), and 
may also give credits against the additional endowment 
amount required under paragraph (4), if the Archivist 
determines that construction features or equipment used 
in making or equipping the physical or material change 
or addition are expected to result in quantifiable long-
term savings to the Government with respect to the cost 
of facility operations.


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of facility operations.
(ii) The features and equipment described under clause 
(i) shall comply with the standards promulgated by the 
Archivist under subsection (a)(2).
(iii) The Archivist shall promulgate standards to be used in 
calculating the dollar amount of any credit to be given, and 
shall consult with all donors of the endowment before giving 
any credits. The total dollar amount of credits given under 
this paragraph may not exceed 20 percent of the additional


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this paragraph may not exceed 20 percent of the additional 
endowment amount required under paragraph (4).  
§ 2113. DEPOSITORY FOR AGREEMENTS 
BETWEEN STATES
The Archivist may receive duplicate originals or 
authenticated copies of agreements or compacts entered 
into under the Constitution and laws of the United 
States, between States of the Union, and take necessary 
actions for their preservation and servicing.
 
§ 2114.  PRESERVATION OF AUDIO AND 
VISUAL RECORDS


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§ 2114.  PRESERVATION OF AUDIO AND 
VISUAL RECORDS
The Archivist may make and preserve audio and visual


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actions for their preservation and servicing.
 
§ 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 activities, and 
provide for preparing, editing, titling, scoring, processing,


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provide for preparing, editing, titling, scoring, processing, 
duplicating, reproducing, exhibiting, and releasing for 
non-profit educational purposes, motion-picture films, 
still photographs, and sound recordings in the Archivist’s 
custody .
§ 2115. REPORTS; CORRECTION OF 
VIOLATIONS
(a) In carrying out the duties and responsibilities under


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BASIC LAWS and AUTHORITIES  | 39	chapters 21, 25, 29, 31, and 33 of this title, the Archi -
vist 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 violated, the Archivist 
shall (1) inform in writing the head of the agency con -
cerned of the violation and make recommendations for its 
correction; and (2) unless satisfactory corrective measures


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correction; and (2) unless satisfactory corrective measures 
are demonstrably commenced within a reasonable time, 
submit a written report of the matter to the President and 
the Congress.
§ 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 pho -
tographic, microphotographic, digital, or other pro -
cesses, in accordance with standards established by the


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cesses, in accordance with standards established by the 
Archivist the indefinite retention by the photograph -
ic, microphotographic, digital, or other reproductions 
constitutes compliance with the statutory requirement 
for the indefinite retention of the original records. 
The reproductions, as well as reproductions made un -
der regulations to carry out chapter 21, 29, 31, and 
33 of this title, shall have the same legal status as the 
originals.


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originals.
(b) There shall be an official seal for the National Ar -
chives of the United States which shall be judicially no -
ticed. 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 ad -
mitted 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 reproduc -


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costs for making or authenticating copies or reproduc -
tions of materials transferred to the Archivist’s 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 T rust Fund. The Archivist


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part of the National Archives T rust 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.
§ 2117.  LIMITATION ON LIABILITY
When letters and other intellectual productions (exclusive 
of patented material, published works under copyright


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of patented material, published works under copyright 
protection, and unpublished works for which copyright 
registration has been made) come into the custody or 
possession of the Archivist, the United States or its agents 
are not liable for infringement of copyright or analogous 
rights arising out of use of the materials for display, 
inspection, research, reproduction, or other purposes.
§ 2118. RECORDS OF CONGRESS
The Secretary of the Senate and the Clerk of the House of


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The Secretary of the Senate and the Clerk of the House of 
Representatives, acting jointly, shall obtain at the close of 
each Congress all the noncurrent records of the Congress 
and of each congressional committee and transfer them 
to the National Archives and Records Administration for 
preservation, subject to the orders of the Senate or the 
House of Representatives, respectively.
§ 2119. COOPERATIVE AGREEMENTS
(a) Authority – The Archivist may enter into coopera -


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(a) Authority – The Archivist may enter into coopera -
tive agreements pursuant to section 6305 of title 31 that 
involve the transfer of funds from the National Archives 
and Records Administration to State and local govern -
ments, other public entities, educational institutions, or 
private nonprofit organizations (including foundations 
or institutes organized to support the National Archives 
and Records Administration or the Presidential archival


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and Records Administration or the Presidential archival 
depositories operated by it) for the public purpose of car -
rying out programs of the National Archives and Records 
Administration.


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and Records Administration or the Presidential archival 
depositories operated by it) for the public purpose of car -
rying out programs of the National Archives and Records 
Administration.
(b) Limitations – Not more than $25,000 may be 
transferred under a cooperative agreement entered into 
as authorized by subsection (a). Not more than a total 
of $75,000 may be transferred under such agreements in 
any fiscal year.
(c) Report – Not later than December 31st of each year,


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(c) Report – Not later than December 31st of each year, 
the Archivist shall submit to the Committee on Gov -
ernment Reform of the House of Representatives and 
the Committee on Governmental Affairs of the Senate a 
report on the provisions, amount, and duration of each 
cooperative agreement entered into as authorized by sub -
section (a) during the preceding fiscal year.


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40 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 41	§ 2120. ONLINE ACCESS OF FOUNDING 
FATHERS DOCUMENTS
The Archivist may enter into a cooperative agreement to pro -
vide online access to the published volumes of the papers of—
(1) George Washington;
(2) Alexander Hamilton;(3) Thomas Jefferson;
(4) Benjamin Franklin;
(5) John Adams;
(6) James Madison; and
(7) other prominent historical figures, as determined 
appropriate by the Archivist of the United States.
PRESIDENTIAL RECORDS


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PRESIDENTIAL RECORDS
(44 U.S.C. Chapter 22)
Sec.
2201. Definitions.
2202. Ownership of Presidential records.
2203. Management and custody of Presidential records.
2204. Restrictions on access to Presidential records.
2205. Exceptions to restriction on access.1 1
2206. Regulations.
2207. Vice-Presidential records.
2208.  Claims of constitutionally based privilege against 
disclosure
2209.  Disclosure requirement for official business 
conducted using non-official electronic messaging 
accounts


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conducted using non-official electronic messaging 
accounts
§ 2201. DEFINITIONS
As used in this chapter—
(1) The term “documentary material” means all books, 
correspondence, memoranda, documents, papers, pam -
phlets, works of art, models, pictures, photographs, plats, 
maps, films, and motion pictures, including, but not lim -
ited to, audio and visual records, or other electronic or 
mechanical recordations, whether in analog, digital, or 
any other form.


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any other form.
(2) The term “Presidential records” means documenta -
ry materials, or any reasonably segregable portion thereof, 
created or received by the President, the President’s imme -
diate staff, or a unit or individual of the Executive Office 
of the President whose function is to advise or assist the 
President, in the course of conducting activities which 
relate to or have an effect upon the carrying out of the 
constitutional, statutory, or other official or ceremonial


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constitutional, statutory, or other official or ceremonial 
duties of the President. Such term—
1 So in original. Does not conform to section catchline.(A) includes any documentary materials relating to the 
political activities of the President or members of the Pres -
ident’s staff, but only if such activities relate to or have a 
direct effect upon the carrying out of constitutional, stat -
utory, or other official or ceremonial duties of the Presi -
dent; but


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dent; but
(B) does not include any documentary materials that 
are (i) official records of an agency (as defined in sec -
tion 552(e)1 of title 5, United States Code); (ii) personal 
records; (iii) stocks of publications and stationery; or (iv) 
extra copies of documents produced only for convenience 
of reference, when such copies are clearly so identified.
(3) The term “personal records” means all documentary 
materials, or any reasonably segregable portion therof,2of


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materials, or any reasonably segregable portion therof,2of 
a purely private or nonpublic character which do not re -
late to or have an effect upon the carrying out of the con -
stitutional, statutory, or other official or ceremonial duties 
of the President. Such term includes—
(A) diaries, journals, or other personal notes serving as 
the functional equivalent of a diary or journal which are 
not prepared or utilized for, or circulated or communi -


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not prepared or utilized for, or circulated or communi -
cated in the course of, transacting Government business;
(B) materials relating to private political associations, 
and having no relation to or direct effect upon the car -
rying out of constitutional, statutory, or other official or 
ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own 
election to the office of the Presidency; and materials di -


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election to the office of the Presidency; and materials di -
rectly relating to the election of a particular individual or 
individuals to Federal, State, or local office, which have 
no relation to or direct effect upon the carrying out of 
constitutional, statutory, or other official or ceremonial 
duties of the President.


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BASIC LAWS and AUTHORITIES  | 41	(4) The term “Archivist” means the Archivist of the 
United States.
(5) The term “former President”, when used with re -
spect to Presidential records, means the former President 
during whose term or terms of office such Presidential re -
cords were created.
§ 2202.  OWNERSHIP OF PRESIDENTIAL 
RECORDS
The United States shall reserve and retain complete 
ownership, possession, and control of Presidential records; 
and such records shall be administered in accordance with


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and such records shall be administered in accordance with 
the provisions of this chapter.
§ 2203. MANAGEMENT AND CUSTODY OF 
PRESIDENTIAL RECORDS
(a) Through the implementation of records manage -
ment controls and other necessary actions, the President 
shall take all such steps as may be necessary to assure that 
the activities, deliberations, decisions, and policies that 
reflect the performance of the President’s constitutional, 
statutory, or other official or ceremonial duties are ade -


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statutory, or other official or ceremonial duties are ade -
quately documented and that such records are preserved 
and maintained as Presidential records pursuant to the 
requirements of this section and other provisions of law.
(b) Documentary materials produced or received by 
the President, the President’s staff, or units or individu -
als in the Executive Office of the President the function 
of which is to advise or assist the President, shall, to the


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of which is to advise or assist the President, shall, to the 
extent practicable, be categorized as Presidential records 
or personal records upon their creation or receipt and be 
filed separately.
(c) During the President’s term of office, the President 
may dispose of those Presidential records of such Presi -
dent that no longer have administrative, historical, infor -
mational, or evidentiary value if—
(1) the President obtains the views, in writing, of


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(1) the President obtains the views, in writing, of 
the Archivist concerning the proposed disposal of such 
Presidential records; and
(2) the Archivist states that the Archivist does not intend 
to take any action under subsection (e) of this section.
(d) In the event the Archivist notifies the President un -
der subsection (c) that the Archivist does intend to take 
action under subsection (e), the President may dispose of 
such Presidential records if copies of the disposal sched -


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such Presidential records if copies of the disposal sched -
ule are submitted to the appropriate Congressional Com -mittees at least 60 calendar days of continuous session of 
Congress in advance of the proposed disposal date. For 
the purpose of this section, continuity of session is broken 
only by an adjournment of Congress sine die, and the 
days on which either House is not in session because of an 
adjournment of more than three days to a day certain are


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adjournment of more than three days to a day certain are 
excluded in the computation of the days in which Con -
gress is in continuous session.
(e) The Archivist shall request the advice of the Com -
mittee on Rules and Administration and the Committee 
on Governmental Affairs of the Senate and the Commit -
tee on House Oversight and the Committee on Govern -
ment Operations of the House of Representatives with 
respect to any proposed disposal of Presidential records


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respect to any proposed disposal of Presidential records 
whenever the Archivist considers that—
(1) these particular records may be of special interest to 
the Congress; or
(2) consultation with the Congress regarding the dis -
posal of these particular records is in the public interest.
(f) During a President’s term of office, the Archivist 
may maintain and preserve Presidential records on behalf 
of the President, including records in digital or electronic


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of the President, including records in digital or electronic 
form. The President shall remain exclusively responsible 
for custody, control, and access to such Presidential re -
cords. The Archivist may not disclose any such records, 
except under direction of the President, until the conclu -
sion of a President’s term of office, if a President serves 
consecutive terms upon the conclusion of the last term, 
or such other period provided for under section 2204 of 
this title.


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this title.
(g)(1) Upon the conclusion of a President’s term of of -
fice, or if a President serves consecutive terms upon the


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or such other period provided for under section 2204 of 
this title.
(g)(1) Upon the conclusion of a President’s term of of -
fice, or if a President serves consecutive terms upon the 
conclusion of the last term, the Archivist of the United 
States shall assume responsibility for the custody, control, 
and preservation of, and access to, the Presidential records 
of that President. The Archivist shall have an affirmative 
duty to make such records available to the public as rap -


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duty to make such records available to the public as rap -
idly and completely as possible consistent with the provi -
sions of this chapter.
(2) The Archivist shall deposit all such Presidential 
records in a Presidential archival depository or another 
archival facility operated by the United States. The Archi -
vist is authorized to designate, after consultation with the 
former President, a director at each depository or facility, 
who shall be responsible for the care and preservation of


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42 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 43	(3) The Archivist is authorized to dispose of such Pres -
idential records which the Archivist has appraised and 
determined to have insufficient administrative, histori -
cal, informational, or evidentiary value to warrant their 
continued preservation. Notice of such disposal shall be 
published in the Federal Register at least 60 days in ad -
vance of the proposed disposal date. Publication of such


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vance of the proposed disposal date. Publication of such 
notice shall constitute a final agency action for purposes 
of review under chapter 7 of title 5, United States Code.
§ 2204. RESTRICTIONS ON ACCESS TO 
PRESIDENTIAL RECORDS
(a) Prior to the conclusion of a President’s term of office 
or last consecutive term of office, as the case may be, the 
President shall specify durations, not to exceed 12 years, 
for which access shall be restricted with respect to infor -


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for which access shall be restricted with respect to infor -
mation, in a Presidential record, within one or more of 
the following categories:
(1)(A) specifically authorized under criteria established 
by an Executive order to be kept secret in the interest of 
national defense or foreign policy and (B) in fact properly 
classified pursuant to such Executive order;
(2) relating to appointments to Federal office;
(3) specifically exempted from disclosure by statute


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(3) specifically exempted from disclosure by statute 
(other than sections 552 and 552b of title 5, United States 
Code), provided that such statute (A) requires that the 
material be withheld from the public in such a manner 
as to leave no discretion on the issue, or (B) establishes 
particular criteria for withholding or refers to particular 
types of material to be withheld;
(4) trade secrets and commercial or financial informa -
tion obtained from a person and privileged or confiden -
tial;


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tion obtained from a person and privileged or confiden -
tial;
(5) confidential communications requesting or submit -
ting advice, between the President and the President’s ad -
visers, or between such advisers; or
(6) personnel and medical files and similar files the dis -
closure of which would constitute a clearly unwarranted 
invasion of personal privacy.
(b)(1) Any Presidential record or reasonably segregable 
portion thereof containing information within a category


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portion thereof containing information within a category 
restricted by the President under subsection (a) shall be 
so designated by the Archivist and access thereto shall be 
restricted until the earlier of—
(A)(i) the date on which the former President waives 
the restriction on disclosure of such record, or(ii) the expiration of the duration specified under sub -
section (a) for the category of information on the basis 
of which access to such record has been restricted; or


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of which access to such record has been restricted; or
(B) upon a determination by the Archivist that such 
record or reasonably segregable portion thereof, or of any 
significant element or aspect of the information contained 
in such record or reasonably segregable portion thereof, 
has been placed in the public domain through publication 
by the former President, or the President’s agents.
(2) Any such record which does not contain informa -
tion within a category restricted by the President under


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tion within a category restricted by the President under 
subsection (a), or contains information within such a 
category for which the duration of restricted access has 
expired, shall be exempt from the provisions of subsection 
(c) until the earlier of—
(A) the date which is 5 years after the date on which 
the Archivist obtains custody of such record pursuant to 
section 2203(d)(1);  or
(B) the date on which the Archivist completes the pro -
cessing and organization of such records or integral file


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cessing and organization of such records or integral file 
segment thereof.
(3) During the period of restricted access specified pur -
suant to subsection (b)(1), the determination whether 
access to a Presidential record or reasonably segregable 
portion thereof shall be restricted shall be made by the 
Archivist, in the Archivist’s discretion, after consultation 
with the former President, and, during such period, such 
determinations shall not be subject to judicial review,


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determinations shall not be subject to judicial review, 
except as provided in subsection (e) of this section. The


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with the former President, and, during such period, such 
determinations shall not be subject to judicial review, 
except as provided in subsection (e) of this section. The 
Archivist shall establish procedures whereby any person 
denied access to a Presidential record because such record 
is restricted pursuant to a determination made under this 
paragraph, may file an administrative appeal of such de -
termination. Such procedures shall provide for a written


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termination. Such procedures shall provide for a written 
determination by the Archivist or the Archivist’s designee, 
within 30 working days after receipt of such an appeal, 
setting forth the basis for such determination.
(c)(1) Subject to the limitations on access imposed pur -
suant to subsections (a) and (b), Presidential records shall 
be administered in accordance with section 552 of title 5, 
United States Code, except that paragraph (b)(5) of that


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United States Code, except that paragraph (b)(5) of that 
section shall not be available for purposes of withhold -
ing any Presidential record, and for the purposes of such 
section such records shall be deemed to be records of the 
National Archives and Records Administration. Access to 
such records shall be granted on nondiscriminatory terms.


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BASIC LAWS and AUTHORITIES  | 43	(2) Nothing in this Act shall be construed to confirm, 
limit, or expand any constitutionally-based privilege 
which may be available to an incumbent or former Pres -
ident.
(d) Upon the death or disability of a President or for -
mer President, any discretion or authority the President or 
former President may have had under this chapter, except 
section 2208, shall be exercised by the Archivist unless 
otherwise previously provided by the President or former


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otherwise previously provided by the President or former 
President in a written notice to the Archivist.
(e) The United States District Court for the District 
of Columbia shall have jurisdiction over any action initi -
ated by the former President asserting that a determina -
tion made by the Archivist violates the former President’s 
rights or privileges.
(f) The Archivist shall not make available any original 
Presidential records to any individual claiming access to


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Presidential records to any individual claiming access to 
any Presidential record as a designated representative un -
der section 2205(3) of this title if that individual has been 
convicted of a crime relating to the review, retention, re -
moval, or destruction of records of the Archives.
§ 2205. EXCEPTIONS TO RESTRICTED ACCESS
Notwithstanding any restrictions on access imposed 
pursuant to sections 2204 and 2208 of this title—
(1) the Archivist and persons employed by the Nation -


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(1) the Archivist and persons employed by the Nation -
al Archives and Records Administration who are engaged 
in the performance of normal archival work shall be per -
mitted access to Presidential records in the custody of the 
Archivist;
(2) subject to any rights, defenses, or privileges which 
the United States or any agency or person may invoke, 
Presidential records shall be made available—
(A) pursuant to subpoena or other judicial process is -


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(A) pursuant to subpoena or other judicial process is -
sued by a court of competent jurisdiction for the purposes 
of any civil or criminal investigation or proceeding;
(B) to an incumbent President if such records contain 
information that is needed for the conduct of current 
business of the incumbent President’s office and that is 
not otherwise available; and
(C) to either House of Congress, or, to the extent of 
matter within its jurisdiction, to any committee or sub -


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matter within its jurisdiction, to any committee or sub -
committee thereof if such records contain information 
that is needed for the conduct of its business and that is 
not otherwise available; and
(3) the Presidential records of a former President shall be available to such former President or the former 
President’s designated representative.
§ 2206. REGULATIONS
The Archivist shall promulgate in accordance with section 
553 of title 5, United States Code, regulations necessary to


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553 of title 5, United States Code, regulations necessary to 
carry out the provisions of this chapter. Such regulations 
shall include—
(1) provisions for advance public notice and description 
of any Presidential records scheduled for disposal pursu -
ant to section 2203(f)(3);
(2) provisions for providing notice to the former Pres -
ident when materials to which access would otherwise 
be restricted pursuant to section 2204(a) are to be made 
available in accordance with section 2205(2);


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available in accordance with section 2205(2);
(3) provisions for notice by the Archivist to the former 
President when the disclosure of particular documents 
may adversely affect any rights and privileges which the 
former President may have; and
(4) provisions for establishing procedures for consulta -
tion between the Archivist and appropriate Federal agen -
cies regarding materials which may be subject to section 
552(b)(7) of title 5, United States Code.
§ 2207. VICE-PRESIDENTIAL RECORDS


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§ 2207. VICE-PRESIDENTIAL RECORDS
Vice-Presidential records shall be subject to the provisions 
of this chapter in the same manner as Presidential records. 
The duties and responsibilities of the Vice President, 
with respect to Vice-Presidential records, shall be the 
same as the duties and responsibilities of the President 
under this chapter, except section 2208, with respect to 
Presidential records. The authority of the Archivist with 
respect to Vice-Presidential records shall be the same as


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under this chapter, except section 2208, with respect to 
Presidential records. The authority of the Archivist with 
respect to Vice-Presidential records shall be the same as 
the authority of the Archivist under this chapter with 
respect to Presidential records, except that the Archivist 
may, when the Archivist determines that it is in the public 
interest, enter into an agreement for the deposit of Vice-
Presidential records in a non-Federal archival depository.


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Presidential records in a non-Federal archival depository. 
Nothing in this chapter shall be construed to authorize 
the establishment of separate archival depositories for 
such Vice-Presidential records.
§ 2208. CLAIMS OF CONSTITUTIONALLY 
BASED PRIVILEGE AGAINST DISCLOSURE
(a)(1) When the Archivist determines under this chap -
ter to make available to the public any Presidential record


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44 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 45	that has not previously been made available to the public, 
the Archivist shall—
(A) promptly provide notice of such determination to—
(i) the former President during whose term of office the 
record was created; and
(ii) the incumbent President; and
(B) make the notice available to the public.
(2) The notice under paragraph (1)—
(A) shall be in writing; and
(B) shall include such information as may be prescribed


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(B) shall include such information as may be prescribed 
in regulations issued by the Archivist.
(3)(A) Upon the expiration of the 60-day period (ex -
cepting Saturdays, Sundays, and legal public holidays) 
beginning on the date the Archivist provides notice under 
paragraph (1)(A), the Archivist shall make available to the 
public the Presidential record covered by the notice, ex -
cept any record (or reasonably segregable part of a record) 
with respect to which the Archivist receives from a former


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with respect to which the Archivist receives from a former 
President or the incumbent President notification of a 
claim of constitutionally based privilege against disclosure 
under subsection (b).
(B) A former President or the incumbent President 
may extend the period under subparagraph (A) once for 
not more than 30 additional days (excepting Saturdays, 
Sundays, and legal public holidays) by filing with the Ar -
chivist a statement that such an extension is necessary to


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chivist a statement that such an extension is necessary to 
allow an adequate review of the record.
(C) Notwithstanding subparagraphs (A) and (B), if the 
60-day period under subparagraph (A), or any extension 
of that period under subparagraph (B), would other -
wise expire during the 6-month period after the incum -
bent President first takes office, then that 60-day period 
or extension, respectively, shall expire at the end of that 
6-month period.


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6-month period.
(b)(1) For purposes of this section, the decision to as -
sert any claim of constitutionally based privilege against 
disclosure of a Presidential record (or reasonably segrega -
ble part of a record) must be made personally by a former 
President or the incumbent President, as applicable.
(2) A former President or the incumbent President shall 
notify the Archivist, the Committee on Oversight and 
Government Reform of the House of Representatives,


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Government Reform of the House of Representatives, 
and the Committee on Homeland Security and Govern -
mental Affairs of the Senate of a privilege claim under 
paragraph (1) on the same day that the claim is asserted 
under such paragraph.(c)(1) If a claim of constitutionally based privilege 
against disclosure of a Presidential record (or reasonably 
segregable part of a record) is asserted under subsection 
(b) by a former President, the Archivist shall consult with


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(b) by a former President, the Archivist shall consult with 
the incumbent President, as soon as practicable during 
the period specified in paragraph (2)(A), to determine 
whether the incumbent President will uphold the claim 
asserted by the former President.
(2)(A) Not later than the end of the 30-day period be -
ginning on the date on which the Archivist receives noti -
fication from a former President of the assertion of a claim 
of constitutionally based privilege against disclosure, the


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of constitutionally based privilege against disclosure, the 
Archivist shall provide notice to the former President and 
the public of the decision of the incumbent President un -
der paragraph (1) regarding the claim.
(B) If the incumbent President upholds the claim of 
privilege asserted by the former President, the Archivist 
shall not make the Presidential record (or reasonably 
segregable part of a record) subject to the claim publicly 
available unless—


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available unless—
(i) the incumbent President withdraws the decision 
upholding the claim of privilege asserted by the former 
President; or
(ii) the Archivist is otherwise directed by a final court 
order that is not subject to appeal.
(C) If the incumbent President determines not to up -
hold the claim of privilege asserted by the former Presi -
dent, or fails to make the determination under paragraph 
(1) before the end of the period specified in subparagraph


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(1) before the end of the period specified in subparagraph 
(A), the Archivist shall release the Presidential record sub -


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dent, or fails to make the determination under paragraph 
(1) before the end of the period specified in subparagraph 
(A), the Archivist shall release the Presidential record sub -
ject to the claim at the end of the 90-day period beginning 
on the date on which the Archivist received notification 
of the claim, unless otherwise directed by a court order in 
an action initiated by the former President under section 
2204(e) of this title or by a court order in another action 
in any Federal court.


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in any Federal court.
(d) The Archivist shall not make publicly available a 
Presidential record (or reasonably segregable part of a re -
cord) that is subject to a privilege claim asserted by the 
incumbent President unless—
(1) the incumbent President withdraws the privilege 
claim; or
(2) the Archivist is otherwise directed by a final court 
order that is not subject to appeal.
(e) The Archivist shall adjust any otherwise applicable 
time period under this section as necessary to comply


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BASIC LAWS and AUTHORITIES  | 45	with the return date of any congressional subpoena, judi -
cial subpoena, or judicial process.
§ 2209.  DISCLOSURE REQUIREMENT FOR 
OFFICIAL BUSINESS CONDUCTED USING 
NON-OFFICIAL ELECTRONIC MESSAGING 
ACCOUNTS
(a) In general.—The President, the Vice President, or a 
covered employee may not create or send a Presidential 
or Vice Presidential record using a non-official electronic 
message account unless the President, Vice President, or 
covered employee—


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covered employee—
(1) copies an official electronic messaging account of 
the President, Vice President, or covered employee in 
the original creation or transmission of the Presidential 
record or Vice Presidential record; or
(2) forwards a complete copy of the Presidential or Vice 
Presidential record to an official electronic messaging 
account of the President, Vice President, or covered 
employee not later than 20 days after the original 
creation or transmission of the Presidential or Vice


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creation or transmission of the Presidential or Vice 
Presidential record.
(b) Adverse actions.—The intentional violation of subsection (a) by a covered employee (including any 
rules, regulations, or other implementing guidelines), as 
determined by the appropriate supervisor, shall be a basis 
for disciplinary action in accordance with subchapter I, II, 
or V of chapter 75 of title 5, as the case may be.
(c) Definitions.—In this section:
(1) Covered employee.—The term “covered employee” 
means—


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(1) Covered employee.—The term “covered employee” 
means—
(A) the immediate staff of the President;
(B) the immediate staff of the Vice President;
(C) a unit or individual of the Executive Office of the 
President whose function is to advise and assist the 
President; and
(D) a unit or individual of the Office of the Vice 
President whose function is to advise and assist the Vice 
President.
(2) Electronic messages.—The term “electronic messag -
es” means electronic mail and other electronic messaging


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es” means electronic mail and other electronic messaging 
systems that are used for purposes of communicating be -
tween individuals.
(3) Electronic messaging account.—The term “elec -
tronic messaging account” means any account that sends 
electronic messages.
NATIONAL ARCHIVES TRUST FUND BOARD
(44 U.S.C. Chapter 23)
Sec.
2301. Establishment of Board; membership.
2302. Authority of the Board; seal; services; bylaws; rules; 
regulations; employees.
2303. Powers and obligations of Board; liability of mem -


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2303. Powers and obligations of Board; liability of mem -
bers.
2304. Compensation of members; availability of trust 
funds for expenses of Board.
2305. Acceptance of gifts.
2306. Investment of funds.
2307. T rust Fund account; disbursements; sales of publi -
cations and releases.
2308. Tax exemption for gifts.
§ 2301. ESTABLISHMENT OF BOARD; 
MEMBERSHIPThe National Archives Trust Fund Board shall consist 
of the Archivist of the United States, as Chairman, and


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of the Archivist of the United States, as Chairman, and 
the Secretary of the Treasury and the Chairman of the 
National Endowment for the Humanities. Membership 
on the Board is not an office within the meaning of the 
statutes of the United States.
§ 2302. AUTHORITY OF THE BOARD; SEAL; 
SERVICES; BYLAWS; RULES; REGULATIONS; 
EMPLOYEES
In carrying out the purposes of this chapter, the Board—
(1) may adopt an official seal, which shall be judicially 
noticed;


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noticed;
(2) may utilize on a reimbursable basis the services and 
personnel of the National Archives and Records Adminis -
tration necessary (as determined by the Archivist) to assist


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46 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 47	the Board in the administration of the trust fund, and 
in the preparation and publication of special works and 
collections of sources and preparation, duplication, edit -
ing, and release of historical photographic materials and 
sound recordings, and may utilize on a reimbursable basis 
the services and personnel of other Federal agencies for 
such purposes;
(3) may adopt bylaws, rules, and regulations necessary


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(3) may adopt bylaws, rules, and regulations necessary 
for the administration of its functions under this chapter; 
and
(4) may, subject to the laws and regulations govern -
ing appointments in the civil service, appoint and fix the 
compensation of such personnel as may be necessary to 
carry out its functions.
§ 2303. POWERS AND OBLIGATIONS OF THE 
BOARD; LIABILITY OF MEMBERS
Except as otherwise provided by this chapter, the Board 
shall have all the usual powers and obligations of a trustee


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shall have all the usual powers and obligations of a trustee 
with respect to property and funds administered by it, but 
the members of the Board are not personally liable, except 
for malfeasance.
§ 2304. COMPENSATION OF MEMBERS; 
AVAILABILITY OF TRUST FUNDS FOR 
EXPENSES OF THE BOARD
Compensation may not be paid to the members of the 
Board for their services as members. Costs incurred by 
the Board in carrying out its duties under this chapter, 
including the obligations necessarily incurred by the


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including the obligations necessarily incurred by the 
members of the Board in the performance of their duties 
and the compensation of persons employed by the Board, 
shall be paid by the Archivist of the United States from 
trust funds available to the Board for this purpose. The 
Board, by resolution, may authorize the transfer of funds 
(including the principal or interest of a gift or bequest) 
to the National Archives and Records Administration to


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to the National Archives and Records Administration to 
be expended on an archival or records activity approved 
by the Board or to accomplish the purpose of a gift or 
bequest.
§ 2305. ACCEPTANCE OF GIFTS
The Board may solicit and accept gifts or bequests of 
money, securities, or other personal property, for the 
benefit of or in connection with the national archival and 
records activities administered by the National Archives and Records Administration. Moneys that are for deposit


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into the trust fund shall be deposited within 10 working 
days of the receipt thereof.
§ 2306. INVESTMENT OF FUNDS
The Secretary of the Treasury shall receipt for moneys or 
securities composing trust funds given or bequeathed to 
the Board and shall invest, reinvest, and retain the moneys 
or securities as the Board from time to time determines. 
The Board may not engage in business or exercise a voting 
privilege which may be incidental to securities in such


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privilege which may be incidental to securities in such 
trust funds, nor may the Secretary of the Treasury make 
investments for the account of the Board which could not 
lawfully be made by a trust company in the District of 
Columbia, unless directly authorized by the instrument of 
gift or bequest under which the funds to be invested are 
derived, and may retain investments accepted by the Board.
§ 2307. TRUST FUND ACCOUNT; 
DISBURSEMENTS; SALES OF PUBLICATIONS 
AND RELEASES


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DISBURSEMENTS; SALES OF PUBLICATIONS 
AND RELEASES
The income from trust funds held by the Board and the 
proceeds from the sale of securities and other personal 
property, as and when collected, shall be covered into the 
Treasury of the United States in a trust fund account to 
be known as the National Archives Trust Fund, subject 
to disbursement on the basis of certified vouchers of 
the Archivist of the United States (or his designee) for 
activities approved by the Board and in the interest of


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activities approved by the Board and in the interest of 
the national archival and records activities administered 
by the National Archives and Records Administration, 
including but not restricted to the preparation and 
publication of special works, and collections of sources 
and the preparation, duplication, editing, and release of 
historical photographic materials and sound recordings. 
The Archivist may sell publications and releases authorized


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and the preparation, duplication, editing, and release of 
historical photographic materials and sound recordings. 
The Archivist may sell publications and releases authorized 
by this section and paid for out of the income derived 
from trust funds at a price which will cover their cost, plus 
10 percent, and moneys received from these sales shall 
be paid into, administered, and expended as part of the 
National Archives Trust Fund.
§ 2308. TAX EXEMPTION FOR GIFTS


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National Archives Trust Fund.
§ 2308. TAX EXEMPTION FOR GIFTS
Gifts and bequests received by the Board under this 
chapter, and the income from them are exempt from 
taxes.


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BASIC LAWS and AUTHORITIES  | 47	NATIONAL HISTORICAL PUBLICATIONS  
and RECORDS COMMISSION
(44 U.S.C. Chapter 25)
Sec.
2501. Creation; composition; appointment and tenure; 
meetings.
2502. Vacancies.
2503.  Executive director; staff; transportation expenses.
2504. Duties; authorization of grants for collection, 
reproduction, and publication of documentary 
source material.
2505. Special advisory committees; membership; reim -
bursement.
2506. Records to be kept by grantees. 
§ 2501. CREATION; COMPOSITION;


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§ 2501. CREATION; COMPOSITION; 
APPOINTMENT AND TENURE; MEETINGS
(a) The National Historical Publications and Records 
Commission shall consist of 15 members as follows:
(1) the following ex officio members:
(A) the Archivist of the United States, who shall be 
chairman;
(B) the Librarian of Congress (or an alternate designated 
by the Librarian);
(C) one Senator, appointed by the President of the 
Senate;
(D) one Representative, appointed by the Speaker of 
the House of Representatives;


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the House of Representatives;
(E) one member of the judicial branch of the 
Government, appointed by the Chief Justice of the 
United States;
(F) one representative of the Department of State to be 
appointed by the Secretary of State; and
(G) one representative of the Department of Defense to 
be appointed by the Secretary of Defense;
(2) one member from each of the following 
organizations, appointed by the governing council or 
board of the respective organization:


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board of the respective organization:
(A) the American Historical Association;
(B) the Organization of American Historians;
(C) the Society of American Archivists;
(D) the American Association for State and Local History;(E) the Association for Documentary Editing; and
(F) the National Association for Government Archives 
and Records Administrators; and
(3) two other members, outstanding in the fields of the 
social or physical sciences, the arts, or archival or library


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social or physical sciences, the arts, or archival or library 
science, appointed by the President of the United States.
(b)(1)  The members appointed under subsection (a) 
shall be appointed for not more than 2 terms of 4 years, 
except that—
(A) a member appointed under subsection (a)(1)(D) 
shall be appointed for not more than 4 terms of 2 years; and
(B) the Archivist and the Librarian of Congress are 
permanent ex officio members.
(2) A member may continue to serve after the expiration


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(2) A member may continue to serve after the expiration 
of a term until a successor has been appointed, but not to 
exceed one year.
(c) The Commission shall meet at least annually and at 
call of the Chairman.
(d) Recusal.—Members of the Commission shall recuse 
themselves from voting on any matter that poses, or could 
potentially pose, a conflict of interest, including a matter 
that could benefit them or an entity they represent.
§ 2502. VACANCIES


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§ 2502. VACANCIES
A person appointed to fill a vacancy in the membership 
of the Commission shall be appointed only for the 
unexpired term of the member whom he succeeds, and 
his appointment shall be made in the same manner as the 
appointment of his predecessor.
§ 2503. EXECUTIVE DIRECTOR, STAFF, 
TRANSPORTATION EXPENSES
(a) The Commission may appoint, without reference to 
chapter 51 of title 5, an executive director. The Chairman 
may appoint such other employees as may be necessary to


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may appoint such other employees as may be necessary to 
carry out the purposes of this chapter.
(b) Members of the Commission shall be allowed travel 
expenses (including per diem allowance in lieu of sub -
sistence) in the same amount and to the same extent as


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48 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 49	persons serving intermittently in the Government service 
are allowed travel expenses under section 5703 of title 5, 
United States Code.
§ 2504. DUTIES; AUTHORIZATION 
OF GRANTS FOR HISTORICAL 
PUBLICATIONS AND RECORDS PROGRAMS; 
AUTHORIZATION FOR APPROPRIATIONS
(a) The Commission shall make plans, estimates, and 
recommendations for historical works and collections of 
sources it considers appropriate for preserving, publishing


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sources it considers appropriate for preserving, publishing 
or otherwise recording at the public expense. The Chair -
man of the Commission shall transmit to the President 
and the Congress from time to time, and at least biennial -
ly, the plans, estimates, and recommendations developed 
and approved by the Commission.
(b) The Commission shall cooperate with, assist and 
encourage appropriate Federal, State, and local agencies 
and nongovernmental institutions, societies, and individ -


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and nongovernmental institutions, societies, and individ -
uals in collecting and preserving and, when it considers it 
desirable, in editing and publishing papers of outstanding 
citizens of the United States, and other documents as may 
be important for an understanding and appreciation of 
the history of the United States.
(c) The Commission may conduct institutes, training 
and educational programs, and recommend candidates for 
fellowships related to the activities of the Commission and


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fellowships related to the activities of the Commission and 
may disseminate information about documentary sources 
through guides, directories, and other technical publications.
(d) The Commission may recommend the expenditure 
of appropriated or donated funds for the collecting, de -
scribing, preserving, compiling and publishing (including 
microfilming and other forms of reproduction) of docu -
mentary sources significant to the history of the United


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mentary sources significant to the history of the United 
States and for the activities described in subsection (c).
(e) The Archivist of the United States may, within the 
limits of available appropriated and donated funds, make 
grants to State and local agencies and to nonprofit orga -
nizations, institutions, and individuals, for those activities 
in subsection (d) after considering the advice and recom -
mendations of the Commission.
(f) Grants for Presidential Centers of Historical Excellence.—


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(f) Grants for Presidential Centers of Historical Excellence.—
(1) In general.—The Archivist, with the recommenda -
tion of the Commission, may make grants, on a competi -
tive basis and in accordance with this subsection, to eligi -
ble entities to promote the historical preservation of, and public access to, historical records and documents relating 
to any former President who does not have a Presidential 
archival depository currently managed and maintained by


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archival depository currently managed and maintained by 
the Federal Government pursuant to section 2112 (com -
monly known as the “Presidential Libraries Act of 1955”).
(2) Eligible entity.—For purposes of this subsection, an 
eligible entity is—
(A) an organization described under section 501(c)
(3) of the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of that Code; or
(B) a State or local government of the United States.
(3) Use of funds.—Amounts received by an eligible


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(3) Use of funds.—Amounts received by an eligible 
entity under paragraph (1) shall be used to promote the 
historical preservation of, and public access to, historical 
records or historical documents relating to any former 
President covered under paragraph (1).
(4) Prohibition on use of funds.—Amounts received by 
an eligible entity under paragraph (1) may not be used for 
the maintenance, operating costs, or construction of any 
facility to house the historical records or historical doc -


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facility to house the historical records or historical doc -
uments relating to any former President covered under 
paragraph (1).
(5) Application.—
(A) In general.—An eligible entity seeking a grant un -
der this subsection shall submit to the Commission an 
application at such time, in such manner, and containing 
or accompanied by such information as the Commission 
may require, including a description of the activities for 
which a grant under this subsection is sought.


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may require, including a description of the activities for 
which a grant under this subsection is sought.
(B) Approval of application.—The Commission shall 
not consider or recommend a grant application sub -
mitted under subparagraph (A) unless an eligible entity 
establishes that such entity—
(i) possesses, with respect to any former President 
covered under paragraph (1), historical works and 
collections of historical sources that the Commission 
considers appropriate for preserving, publishing, or


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considers appropriate for preserving, publishing, or 
otherwise recording at the public expense;
(ii) has appropriate facilities and space for preserva -
tion of, and public access to, the historical works and 
collections of historical sources;
(iii) shall ensure preservation of, and public access 
to, such historical works and collections of historical 
sources at no charge to the public;
(iv) has educational programs that make the use of such doc -
uments part of the mission of such entity;


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BASIC LAWS and AUTHORITIES  | 49	(v) has raised funds from non-Federal sources in 
support of the efforts of the entity to promote the 
historical preservation of, and public access to, such 
historical works and collections of historical sources 
in an amount equal to the amount of the grant the 
entity seeks under this subsection;
(vi) shall coordinate with any relevant Federal pro -
gram or activity, including programs and activities 
relating to Presidential archival depositories;


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relating to Presidential archival depositories;
(vii) shall coordinate with any relevant non-Federal 
program or activity, including programs and activi -
ties conducted by State and local governments and 
private educational historical entities; and
(viii) has a workable plan for preserving and provid -
ing public access to such historical works and collec -
tions of historical sources.
(g)(1) For the purposes specified in this section, there 
is hereby authorized to be appropriated to the National


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is hereby authorized to be appropriated to the National 
Historical Publications and Records Commission—
(A) $6,000,000 for fiscal year 1989;
(B) $8,000,000 for fiscal year 1990;
(C) $10,000,000 for each of the fiscal years 1991, 
1992, and 1993;
(D) $6,000,000 for fiscal year 1994;
(E) $7,000,000 for fiscal year 1995;
(F) $8,000,000 for fiscal year 1996;
(G) $10,000,000 for fiscal year 1997;
(H) $10,000,000 for fiscal year 1998;
(I) $10,000,000 for fiscal year 1999;
(J) $10,000,000 for fiscal year 2000;


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(J) $10,000,000 for fiscal year 2000;
(K) $10,000,000 for fiscal year 2001;
(L) $10,000,000 for fiscal year 2002;
(M) $10,000,000 for fiscal year 2003;
(N) $10,000,000 for fiscal year 2004;
(O) $10,000,000 for fiscal year 2005;(P) $10,000,000 for fiscal year 2006;
(Q) $10,000,000 for fiscal year 2007;
(R) $10,000,000 for fiscal year 2008; and
(S) $10,000,000 for fiscal year 2009.
(2) Amounts appropriated under this subsection shall 
be available until expended when so provided in appro -
priation Acts.


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priation Acts.
§ 2505. SPECIAL ADVISORY COMMITTEES; 
MEMBERSHIP; REIMBURSEMENT
The Commission may establish special advisory 
committees to consult with and make recommendations 
to it, from among the leading historians, political 
scientists, archivists, librarians, and other specialists of the 
Nation. Members of special advisory committees shall be 
reimbursed for transportation and other expenses on the 
same basis as members of the Commission.
§ 2506. RECORDS TO BE KEPT BY GRANTEES


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§ 2506. RECORDS TO BE KEPT BY GRANTEES
(a) Each recipient of grant assistance under section 
2504 of this title shall keep such records as the Archivist 
of the United States prescribes, including records which 
fully disclose the amount and disposition by the recipient 
of the proceeds of the grants, the total cost of the project 
or undertaking in connection with which funds are given 
or used, and the amount of that portion of the cost of the 
project or undertaking supplied by other sources, and any


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project or undertaking supplied by other sources, and any 
other records as will facilitate an effective audit.
(b) The Archivist and the Comptroller General of the 
United States or their authorized representatives shall 
have access for the purposes of audit and examination to 
books, documents, papers, and records of the recipients 
that are pertinent to the grants received under section 
2504 of this title.
ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS
(44 U.S.C. Chapter 27)
Sec.


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(44 U.S.C. Chapter 27)
Sec.
2701. Advisory Committee on the Records of Congress.
2702. Membership; chairman; meetings.
2703. Functions of the Committee.2704. Powers of the Committee.
2705. Compensation and travel expenses.
2706. Administrative provisions.


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50 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 51	§ 2701. ADVISORY COMMITTEE ON THE 
RECORDS OF CONGRESS
(a) There is established the Advisory Committee on the 
Records of Congress (hereafter in this chapter referred to 
as the Committee).
(b) The Committee shall be subject to the provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.), 
except that the Committee shall be of permanent dura -
tion, notwithstanding any provision of section 14 of the 
Federal Advisory Committee Act.


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Federal Advisory Committee Act.
§ 2702. MEMBERSHIP; CHAIRMAN; MEETINGS
(a)(1) The Committee shall consist of the eleven mem -
bers including—
(A) (i) the Secretary of the Senate;
(ii) the Clerk of the House of Representatives;
(iii) the Archivist of the United States;
(iv) the Historian of the Senate; and
(v) the Historian of the House of Representatives; and
(B) six members of whom one shall be appointed by 
each of the following:
(i) the Speaker of the House of Representatives;


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(i) the Speaker of the House of Representatives;
(ii) the Minority Leader of the House of Represen -
tatives;
(iii) the Majority Leader of the Senate;
(iv) the Minority Leader of the Senate;
(v) the Secretary of the Senate; and
(vi) the Clerk of the House of Representatives.
(2) Each member appointed under paragraph (1)(B) 
shall have knowledge or expertise in United States history, 
archival management, publishing, library science, or use 
of legislative records.


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of legislative records.
(b) The Secretary of the Senate shall serve as Chair -
man during the two-year period beginning on January 1, 
1991, and the Clerk of the House of Representatives shall 
serve as Chairman during the two-year period beginning 
on January 1, 1993. Thereafter, such members shall alter -
nate serving as Chairman for a term of two years.
(c)(1) Members of the Committee referred to in subsec -
tion (a)(1)(A) shall serve only while holding such offices.


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tion (a)(1)(A) shall serve only while holding such offices. 
Members appointed to the Committee under subsection 
(a)(1)(B) shall serve for a term of two years, and may be 
reappointed without limitation. The initial appointments 
for such terms shall begin on January 1, 1991.
(2) Any vacancy on the Committee shall not affect the 
powers of the Committee. Any vacancy in an appoint -ed position on the Committee shall be filled in the same 
manner in which the original appointment was made.


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manner in which the original appointment was made.
(d)(1) No later than thirty days after the date on which 
the first session of the 102d Congress begins, the Com -
mittee shall hold its first meeting. Thereafter, the Com -
mittee shall meet semiannually or at the call of a majority 
of its members.
(2) Seven members of the Committee shall constitute a 
quorum, but a lesser number may hold hearings.
§ 2703. FUNCTIONS OF THE COMMITTEE
The Committee shall—


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§ 2703. FUNCTIONS OF THE COMMITTEE
The Committee shall—
(1) review the management and preservation of the re -
cords of Congress;
(2) report to and advise the Congress and the Archivist 
of the United States on such management and preserva -
tion; and
(3)(A) no later than December 31, 1991, conduct a 
study and submit a report to the Congress on—
(i) the effect any transfer of records of the National 
Archives and Records Administration from facilities 
located in Washington, D.C., to any location outside


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located in Washington, D.C., to any location outside 
of Washington, D.C., shall have on the management 
and preservation of the records of Congress; and
(ii) the five year plan for the management and preser -
vation of the records of Congress; and
(B) no later than December 31, 1995, conduct a study 
to update the report submitted under subparagraph (A)
(ii), and submit a report to the Congress.
§ 2704. POWERS OF THE COMMITTEE
(a) For purposes of carrying out the duties referred to


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(a) For purposes of carrying out the duties referred to 
under section 2703, the Committee or, on the authori -
zation of the Committee, any subcommittee or member 
thereof, may hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence 
as is appropriate.
(b) The Committee may secure directly from any 
department or agency of the United States such infor -
mation as the Committee may require to carry out the


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as is appropriate.
(b) The Committee may secure directly from any 
department or agency of the United States such infor -
mation as the Committee may require to carry out the 
duties referred to under section 2703. Upon request of 
the Chairman of the Committee, the head of such de -
partment or agency shall furnish such information to the 
Committee.
§ 2705. COMPENSATION AND TRAVEL 
EXPENSES


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BASIC LAWS and AUTHORITIES  | 51	A member of the Committee may not be paid 
compensation for service performed as a member of the 
Committee. However, members of the Committee shall 
be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of service for the Committee.
§ 2706. ADMINISTRATIVE PROVISIONS


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§ 2706. ADMINISTRATIVE PROVISIONS
(a) Upon request of the Committee, the head of any 
Federal agency is authorized to detail to the Committee, on a nonreimbursable basis, any of the personnel of such 
agency to assist the Committee in carrying out the du -
ties referred to under section 2703 and such detail shall 
be without interruption or loss of civil service status or 
privilege.
(b) For purposes of supporting the Committee, the Ar -
chivist may obtain the services of experts and consultants


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chivist may obtain the services of experts and consultants 
in accordance with the provisions of section 3109 of title 
5, United States Code, but at rates for individuals not to 
exceed the daily equivalent of the minimum annual rate 
of basic pay payable for GS-16 of the General Schedule 
under section 5332 of such title.
RECORDS MANAGEMENT BY THE  
ARCHIVIST OF THE UNITED STATES
(44 U.S.C. Chapter 29)
Sec.
2901. Definitions.
2901 note.   Records Center Revolving Fund.


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2901. Definitions.
2901 note.   Records Center Revolving Fund.
2902. Objectives of records management.
2903. Custody and control of property.
2904. General responsibilities of Administrator.
2905. Establishment of Standards for selective retention 
of records; security measures.
2906. Inspection of agency records.
2907.  Records centers and centralized microfilming ser -
vices.
2908. Regulations.
2909. Retention of records. 
2910. Preservation of Freedmen’s Bureau records.


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2910. Preservation of Freedmen’s Bureau records.
2911.  Disclosure requirement for official business con -
ducted using non-official electronic messaging ac -
counts. 
§ 2901. DEFINITIONS
As used in this chapter, and chapters 21, 25, 31, and 33 
of this title—
(1) the term “records” has the meaning given it by sec -
tion 3301 of this title;
(2) the term “records management” means the plan -
ning, controlling, directing, organizing, training, pro -moting, and other managerial activities involved with


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respect to records creation, records maintenance and use, 
and records disposition in order to achieve adequate and 
proper documentation of the policies and transactions of 
the Federal Government and effective and economical 
management of agency operations;
(3) the term “records creation” means the production or 
reproduction of any record;
(4) the term “records maintenance and use” means any 
activity involving—
(A) location of records of a Federal agency;


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(A) location of records of a Federal agency;
(B) storage, retrieval, and handling of records kept at 
office file locations by or for a Federal agency;
(C) processing of mail by a Federal agency; or
(D) selection and utilization of equipment and supplies 
associated with records and copying;
(5) the term “records disposition” means any activity 
with respect to—
(A) disposal of temporary records no longer necessary 
for the conduct of business by destruction or donation;


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for the conduct of business by destruction or donation;
(B) transfer of records to Federal agency storage facili -
ties or records centers;
(C) transfer to the National Archives of the United 
States of records determined to have sufficient histori -
cal or other value to warrant continued preservation; or


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52 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 53	(D) transfer of records from one Federal agency to any 
other Federal agency;
(6) the term “records center” means an establishment 
maintained and operated by the Archivist or by another 
Federal agency primarily for the storage, servicing, securi -
ty, and processing of records which need to be preserved 
for varying periods of time and need not be retained in 
office equipment or space;
(7) the term “records management study” means an


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(7) the term “records management study” means an 
investigation and analysis of any Federal agency records, 
or records management practices or programs (whether 
manual or automated), with a view toward rendering 
findings and recommendations with respect thereto;
(8) the term “inspection” means reviewing any Federal 
agency’s records or records management practices or pro -
grams with respect to effectiveness and compliance with 
records management laws and making necessary recom -


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records management laws and making necessary recom -
mendations for correction or improvement of records 
management;
(9) the term “servicing” means making available for use 
information in records and other materials in the custody 
of the Archivist, or in a records center—
(A) by furnishing the records or other materials, or 
information from them, or copies or reproductions 
thereof, to any Federal agency for official use, or to the 
public; or
(B) by making and furnishing authenticated or un -


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public; or
(B) by making and furnishing authenticated or un -
authenticated copies or reproductions of the records or 
other materials;
(10) the term “unauthenticated copies” means exact 
copies or reproductions of records or other materials that 
are not certified as such under seal and that need not be 
legally accepted as evidence;
(11) the term “National Archives of the United States” 
means those official records which have been determined by


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means those official records which have been determined by 
the Archivist of the United States to have sufficient histor -
ical or other value to warrant their continued preservation 
by the Federal Government, and which have been accepted 
by the Archivist for deposit in the Archivist’s custody;
(12) the term “Archivist” means the Archivist of the 
United States;
(13) the term “executive agency” shall have the mean -
ing given such term by section 102 of title 40;


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ing given such term by section 102 of title 40;
(14) the term “Federal agency” means any executive 
agency or any establishment in the legislative or judicial 
branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Archi -
tect of the Capitol and any activities under the direction 
of the Architect of the Capitol); and
(15) the term “Administrator” means the Administrator 
of General Services.
44 U.S.C. § 2901 NOTE. RECORDS CENTER 
REVOLVING FUND


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44 U.S.C. § 2901 NOTE. RECORDS CENTER 
REVOLVING FUND
(a) Establishment of fund.—There is hereby established in 
the Treasury a revolving fund to be available for expenses 
(including expenses for uniforms or allowances for uniforms 
as authorized by subchapter I of chapter 59 of title 5 [5 
U.S.C.A. § 5901 et seq.]) and equipment necessary to provide 
for storage and related services for all temporary and pre-
archival Federal records, which are to be stored or stored at


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archival Federal records, which are to be stored or stored at 
Federal National and Regional Records Centers by agencies 
and other instrumentalities of the Federal Government. The 
Fund shall be available without fiscal year limitation for 
expenses necessary for operation of these activities.
(b) Start-up capital.—
(1) There is appropriated $22,000,000 as initial capital -
ization of the Fund.
(2) In addition, the initial capital of the Fund shall include


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(2) In addition, the initial capital of the Fund shall include 
the fair and reasonable value at the Fund’s inception of 
the inventories, equipment, receivables, and other assets, 
less the liabilities, transferred to the Fund. The Archivist 
of the United States is authorized to accept inventories, 
equipment, receivables and other assets from other Federal 
entities that were used to provide for storage and related 
services for temporary and pre-archival Federal records.


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services for temporary and pre-archival Federal records.
(c) User charges.—The Fund shall be credited with user


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entities that were used to provide for storage and related 
services for temporary and pre-archival Federal records.
(c) User charges.—The Fund shall be credited with user 
charges received from other Federal Government accounts 
as payment for providing personnel, storage, materials, 
supplies, equipment, and services as authorized by 
subsection (a). Such payments may be made in advance or 
by way of reimbursement. The rates charged will return 
in full the expenses of operation, including reserves for


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in full the expenses of operation, including reserves for 
accrued annual leave, worker’s compensation, depreciation 
of capitalized equipment and shelving, and amortization of 
information technology software and systems.
(d) Funds returned to miscellaneous receipts of the 
Department of the Treasury.—
(1) In addition to funds appropriated to and assets 
transferred to the Fund in subsection (b), an amount


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BASIC LAWS and AUTHORITIES  | 53	not to exceed 4 percent of the total annual income may 
be retained in the Fund as an operating reserve or for 
the replacement or acquisition of capital equipment, 
including shelving, and the improvement and imple -
mentation of the financial management, information 
technology, and other support systems of the National 
Archives and Records Administration.
(2) Funds in excess of the 4 percent at the close of each


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(2) Funds in excess of the 4 percent at the close of each 
fiscal year shall be returned to the T reasury of the Unit -
ed States as miscellaneous receipts.
(e) Reporting requirement.—The National Archives and 
Records Administration shall provide quarterly reports to 
the Committees on Appropriations and Governmental 
Affairs of the Senate, and the Committees on Appropriations 
and Government Reform of the House of Representatives 
on the operation of the Records Center Revolving Fund.


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on the operation of the Records Center Revolving Fund.
Federal Records Management Provisions Without Effect 
on Authorities and Responsibilities of Administrator 
of General Services, Joint Committee, or Government 
Publishing Office
Section 5 of Pub.L. 94-575, as amended Pub.L. 113-235, 
Div. H, Title I, § 1301(b), Dec. 16, 2014, 128 Stat. 
2537, provided that:
“(a) The provisions of this Act [see Short Title of 1976 
Amendment note set out under section 101 of this title]


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Amendment note set out under section 101 of this title] 
relating to the authority of the Administrator of General 
Services do not limit or repeal additional authorities 
provided by statute or otherwise recognized by law.
“(b) The provisions of this Act [see Short Title of 1976 
Amendment note set out under section 101 of this title] 
do not limit or repeal the authority or responsibilities 
of the Joint Committee on Printing or the Government 
Publishing Office under chapters 1 through 19 of title


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Publishing Office under chapters 1 through 19 of title 
44, United States Code [chapters 1 through 19 of this 
title].”
§ 2902. OBJECTIVES OF RECORDS 
MANAGEMENT
It is the purpose of this chapter, and chapters 21, 31, and 
33 of this title, to require the establishment of standards 
and procedures to assure efficient and effective records 
management. Such records management standards and 
procedures shall seek to implement the following goals:(1) Accurate and complete documentation of the poli -


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cies and transactions of the Federal Government.
(2) Control of the quantity and quality of records pro -
duced by the Federal Government.
(3) Establishment and maintenance of mechanisms of 
control with respect to records creation in order to pre -
vent the creation of unnecessary records and with respect 
to the effective and economical operations of an agency.
(4) Simplification of the activities, systems, and pro -
cesses of records creation, maintenance, transfer, and use.


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cesses of records creation, maintenance, transfer, and use.
(5) Judicious preservation and disposal of records.
(6) Direction of continuing attention on records 
from their initial creation to their final disposition, 
with particular emphasis on the prevention of unnec -
essary Federal paperwork and the transfer of records 
from Federal agencies to the National Archives of the 
United States in digital or electronic form to the great -
est extent possible.


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est extent possible.
(7) Establishment and maintenance of such other sys -
tems or techniques as the Archivist considers necessary to 
carry out the purposes of this chapter, and chapters 21, 
31, and 33 of this title.
§ 2903. CUSTODY AND CONTROL OF 
PROPERTY
(a) The Archivist shall have immediate custody and 
control of the National Archives Building and its con -
tents, and may design, construct, purchase, lease, main -
tain, operate, protect, and improve buildings used by him


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tain, operate, protect, and improve buildings used by him 
for the storage of records of Federal agencies in the Dis -
trict of Columbia and elsewhere.
(b) When the Archivist considers it to be in the public 
interest, the Archivist may charge and collect reasonable 
fees from the public for the occasional, non-official use of 
rooms and spaces, and services related to such use, in the 
buildings subject to this section. Fees collected under this


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fees from the public for the occasional, non-official use of 
rooms and spaces, and services related to such use, in the 
buildings subject to this section. Fees collected under this 
subsection shall be paid into an account in the National 
Archives T rust Fund and shall be held, administered, and 
expended for the benefit and in the interest of the na -
tional archival and records activities administered by the 
National Archives and Records Administration, including


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National Archives and Records Administration, including 
educational and public program purposes.
§ 2904.  GENERAL RESPONSIBILITIES FOR 
RECORDS MANAGEMENT
(a) The Archivist shall provide guidance and assistance 
to Federal agencies with respect to ensuring adequate and


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54 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 55	proper documentation of the policies and transactions of 
the Federal Government and ensuring proper records dis -
position.
(b) The Archivist shall provide guidance and assistance 
to Federal agencies to ensure economical and effective re -
cords management by such agencies.
(c) In carrying out the responsibilities under subsections 
(a) and (b), the Archivist shall have the responsibility—


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(a) and (b), the Archivist shall have the responsibility—
(1) to promulgate standards, procedures, and guidelines 
with respect to records management and the conduct of 
records management studies;
(2) to conduct research with respect to the improve -
ment of records management practices and programs;
(3) to collect and disseminate information on training 
programs, technological developments, and other activ -
ities relating to records management;
(4) to establish such interagency committees and


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(4) to establish such interagency committees and 
boards as may be necessary to provide an exchange of 
information among Federal agencies with respect to re -
cords management;
(5) to direct the continuing attention of Federal agen -
cies and the Congress on the need for adequate policies 
governing records management;
(6) to conduct records management studies and, in the 
Archivist’s discretion, designate the heads of executive 
agencies to conduct records management studies with


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agencies to conduct records management studies with 
respect to establishing systems and techniques designed 
to save time and effort in records management;
(7) to conduct inspections or surveys of the records and 
the records management programs and practices within 
and between Federal agencies;
(8) to report to the appropriate oversight and appropri -
ations committees of the Congress and to the Director 
of the Office of Management and Budget in January of


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of the Office of Management and Budget in January of 
each year and at such other times as the Archivist deems 
desirable—
(A) on the results of activities conducted pursuant to 
paragraphs (1) through (7) of this section,
(B) on evaluations of responses by Federal agencies to 
any recommendations resulting from inspections or 
studies conducted under paragraphs (6) and (7) of this 
section, and
(C) to the extent practicable, estimates of costs to the


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(C) to the extent practicable, estimates of costs to the 
Federal Government resulting from the failure of agen -
cies to implement such recommendations.
(d) The Archivist shall promulgate regulations re -quiring all Federal agencies to transfer all digital or 
electronic records to the National Archives of the Unit -
ed States in digital or electronic form to the greatest 
extent possible.
§ 2905.  ESTABLISHMENT OF STANDARDS 
FOR SELECTIVE RETENTION OF RECORDS; 
SECURITY MEASURES


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FOR SELECTIVE RETENTION OF RECORDS; 
SECURITY MEASURES
(a) The Archivist shall establish standards for the se -
lective retention of records of continuing value, and 
assist Federal agencies in applying the standards to re -
cords in their custody. The Archivist shall notify the 
head of a Federal agency of any actual, impending, or 
threatened unlawful removal, defacing, alteration, or 
destruction of records in the custody of the agency that 
shall come to the Archivist’s attention, and assist the


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shall come to the Archivist’s attention, and assist the 
head of the agency in initiating action through the At -
torney General for the recovery of records unlawfully 
removed and for other redress provided by law. In any 
case in which the head of the agency does not initi -
ate an action for such recovery or other redress with -
in a reasonable period of time after being notified of 
any such unlawful action, the Archivist shall request 
the Attorney General to initiate such an action, and


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the Attorney General to initiate such an action, and 
shall notify the Congress when such a request has been 
made.
(b) The Archivist shall assist the Administrator for the 
Office of Information and Regulatory Affairs in conduct -
ing studies and developing standards relating to record re -
tention requirements imposed on the public and on State 
and local governments by Federal agencies.
§ 2906. INSPECTION OF AGENCY RECORDS
(a)(1) In carrying out the duties and responsibilities


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(a)(1) In carrying out the duties and responsibilities 
under this chapter, the Archivist (or the the 1 Archivist›s


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and local governments by Federal agencies.
§ 2906. INSPECTION OF AGENCY RECORDS
(a)(1) In carrying out the duties and responsibilities 
under this chapter, the Archivist (or the the 1 Archivist›s 
designee) may inspect the records or the records 
management practices and programs of any Federal 
agency for the purpose of rendering recommendations 
for the improvement of records management practices 
and programs and for determining whether the records


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and programs and for determining whether the records 
of Federal agencies have sufficient value to warrant con -
tinued preservation or lack sufficient value to justify 
continued preservation. Officers and employees of such 
agencies shall cooperate fully in such inspections, sub -
ject to the provisions of paragraphs (2) and (3) of this 
subsection.


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BASIC LAWS and AUTHORITIES  | 55	(2) Records, the use of which is restricted by law or for 
reasons of national security or the public interest, shall be 
inspected, in accordance with regulations promulgated by 
the Archivist, subject to the approval of the head of the 
agency concerned or of the President.
(3) If the Archivist (or the Archivist’s designee) in -
spects a record, as provided in this subsection, which is 
contained in a system of records which is subject to sec -


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contained in a system of records which is subject to sec -
tion 552a of title 5, such record shall be—
(A) maintained by the Archivist or such designee as a 
record contained in a system of records; or
(B) deemed to be a record contained in a system of 
records for purposes of subsections (b), (c), and (i) of 
section 552a of title 5.
(b) In conducting the inspection of agency records pro -
vided for in subsection (a) of this section, the Archivist


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vided for in subsection (a) of this section, the Archivist 
(or the Archivist’s designee) shall, in addition to comply -
ing with the provisions of law cited in subsection (a)(3), 
comply with all other Federal laws and be subject to the 
sanctions provided therein.
§ 2907. RECORDS CENTERS AND 
CENTRALIZED MICROFILMING SERVICES
The Archivist may establish, maintain, and operate records 
centers and centralized microfilming or digitization 
services for Federal agencies.
§ 2908. REGULATIONS


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services for Federal agencies.
§ 2908. REGULATIONS
Subject to applicable law, the Archivist shall promulgate 
regulations governing the transfer of records from the 
custody of one executive agency to that of another.
§ 2909. RETENTION OF RECORDS
The Archivist may empower a Federal agency, to retain 
records for a longer period than that specified in disposal 
schedules; and may withdraw disposal authorizations 
covering records listed in disposal schedules. The Archivist


