CHAPTER 21 —NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Editorial Notes
Amendments
2014—
2008—
2004—
1984—
§2101. Definitions
As used in this chapter—
(1) "Presidential archival depository" means an institution 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 United 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;
(2) "historical materials" including books, correspondence, documents, papers, pamphlets, works of art, models, 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
(4) "Administration" means the National Archives and Records Administration established under
(
Historical and Revision Notes
Based on
Editorial Notes
Amendments
1986—Par. (1).
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2102. Establishment
There shall be an independent establishment in the executive branch of the Government to be known as the National Archives and Records Administration. The Administration shall be administered under the supervision and direction of the Archivist.
(
Historical and Revision Notes
Based on
This section incorporates only the last sentence of paragraph (a) of former section 391. The balance of that section will be found in sections 1506, 2301, 2501, and 2902 of the revision.
Editorial Notes
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Savings Provision
"(a) All orders, determinations, rules, regulations, grants, contracts, agreements, permits, licenses, privileges, and other actions which have been issued, granted, made, undertaken, or entered into in the performance of any function transferred by this Act [
"(b)(1) The transfer of functions by this Act [
"(2) The Archivist is authorized to promulgate regulations 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)—
"(1) the provisions of this Act [
"(2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act 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 transfer of functions by this Act [
"(e) If, before the date on which this Act takes effect [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 [
"(f) Orders and actions of the Archivist in the exercise of functions transferred by this Act [
Transfer of Functions, Personnel, Assets, Liabilities, Contracts, Property, Records, and Unexpended Balances, Etc.
Sections 103, 104 of
"
"(b)(1) All functions which were assigned to the Administrator of General Services by section 6 of Executive Order No. 10530 of May 11 [May 10], 1954 (19 Fed. Reg. 2709 [set out as a note under
"(2) All functions pertaining to the maintenance, operation, and protection of a Presidential archival depository which were assigned to the Administrator of General Services by the Act of September 6, 1965 (
"(c) In the exercise of the functions transferred by this Act [
"(d) Prior to the appointment and confirmation of an individual to serve as Archivist of the United States under
"
"(b) The transfer pursuant to this title [title I (§§101–108) of
Annual Capital Needs Assessment for Funding of Repairs and Restoration
Establishment of Positions of Director of the Center for Legislative Archives and Specialist in Congressional History
"(a)(1) The Director of the Center for Legislative Archives within the National Archives and Records Administration shall be established without regard to
"(2) There is established within the Center for Legislative Archives within the National Archives and Records Administration the position of Specialist in Congressional History.
"(b) There shall be made available from funds appropriated 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
"(c) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of subsections (a) and (b) of this section."
References in Other Laws
Spending Authority
Definitions
"(1) the term 'Archivist' means the Archivist of the United States appointed under
"(2) the term 'Administration' means the National Archives and Records Administration established under section 2102 of such title (as amended by section 101 of this Act); and
"(3) the term 'function' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program."
§2103. Officers
(a) The Archivist of the United States shall be appointed 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 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 provided for level III of the Executive Schedule under
(c) There shall be in the Administration a Deputy Archivist 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 meaning of
(Added
Editorial Notes
Prior Provisions
A prior section 2103 was renumbered
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 1, 1985, see section 301 of
§2104. Administrative provisions
(a) The Archivist shall prescribe such regulations as the 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 agency 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 Archivist to such officers and employees of the Administration 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, alter, or discontinue such regional, local, or other field offices as the Archivist finds necessary or appropriate to perform 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 provide advice with respect to any function of the Archivist or the Administration. Members of any such committee shall serve without compensation but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with
(g) The Archivist shall advise and consult with interested 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 employees of the Administration having investigatory functions are empowered, while engaged in the performance of their duties in conducting investigations, to administer oaths.
(Added
Editorial Notes
Prior Provisions
A prior section 2104 was renumbered
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 1, 1985, see section 301 of
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Archivist of United States, see Parts 1, 2, and 20 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
§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 to perform the functions of the Archivist and the Administration.
(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph (f)(2) of
(b) The Archivist is authorized to obtain the services of experts and consultants under
(c) Notwithstanding the provisions of
(d) Notwithstanding
(Added
Editorial Notes
References in Text
Paragraph (f)(2) of
Prior Provisions
A prior section 2105 was renumbered
Amendments
2001—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 1, 1985, see section 301 of
1 See References in Text note below.
§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 functions of the Archivist, the Administration, the National Historical Publications and Records Commission, and the National Archives Trust Fund. Such report shall describe—
(1) program administration and expenditures of funds, both appropriated and nonappropriated, by the Administration, the Commission, and the Trust Fund Board;
(2) research projects and publications undertaken by Commission grantees, and by Trust Fund grantees, including detailed information concerning the receipt and use of all appropriated and nonappropriated funds;
(3) by account, the moneys, securities, and other personal property received and held by the National Archives Trust Fund Board, and of its operations, including a listing of the purposes for which funds are transferred to the National Archives and Records Administration for expenditure to other Federal agencies; and
(4) the matters specified in
(Added
Editorial Notes
Prior Provisions
A prior section 2106 was renumbered
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 1, 1985, see section 301 of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in this section relating to the requirement that the Archivist submit a report to Congress in January of each year, see section 3003 of
§2107. Acceptance of records for historical preservation
(a)
(1) accept for deposit with the National Archives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government;
(2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Archives of the United States, as soon as practicable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agency, unless the head of such agency has certified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the regular business of the agency;
(3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has been terminated, with the approval of the head of that agency's successor in function, if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public or educational institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and
(4) transfer materials from private sources authorized to be received by the Archivist by
(b)
(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—
(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.
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2107 was renumbered
Amendments
2014—
1984—
1978—Par. (2).
1976—Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Short Title of 1994 Amendment
Unidentified Anomalous Phenomena
"SEC. 1841. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
"(a)
"(1)
"(A)
"(B)
"(C)
"(D)
"(2)
"(A) Copies of all unidentified anomalous phenomena records, regardless of age or date of creation—
"(i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act;
"(ii) that are otherwise required to have been transmitted to the National Archives after the date of the enactment of this Act; or
"(iii) the disclosure of which is postponed under this subtitle.
"(B) A central directory comprised of identification aids created for each record transmitted to the Archivist under section 1842(e).
"(b)
"(1) be included in the Collection; and
"(2) be available to the public—
"(A) for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and
"(B) digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter.
"(c)
"(1)
"(A) charge fees for copying unidentified anomalous phenomena records; and
"(B) grant waivers of such fees pursuant to the standards established by
"(2)
"(d)
"(1)
"(2)
"(e)
"(1)
"(2)
"SEC. 1842. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY GOVERNMENT OFFICES.
"(a)
"(1)
"(A) identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and
"(B) prepare such records for transmission to the Archivist for inclusion in the Collection.
"(2)
"(A)
"(B)
"(C)
"(b)
"(c)
"(1)
"(A) disclosure to the public; and
"(B) transmission to the Archivist.
"(2)
"(A) determine which of the records of the office are unidentified anomalous phenomena records;
"(B) determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form;
"(C)(i) determine which of the unidentified anomalous phenomena records of the office, 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 contained in those records, or complete and accurate copies thereof;
"(D)(i) determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this subtitle; and
"(ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 1841;
"(E) organize and make available, upon request, to heads of Government offices other than the Government office with custody, including the All-domain Anomaly Resolution Office, all relevant unidentified anomalous records identified under subparagraph (D);
"(F) organize and make available to the heads of Government offices other than the Government office with custody, including the All-domain Anomalous Resolution Office, for assistance with any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this subtitle; and
"(G) give precedence of work to—
"(i) the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of the enactment of this Act;
"(ii) the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence;
"(iii) the identification, review, and transmission of unidentified anomalous phenomena records that on the date of the enactment of this Act are the subject of litigation under
"(iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible.
"(3)
"(d)
"(1)
"(A)
"(B)
"(2)
"(A) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes; and
"(B) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist.
"(3)
"(e)
"(1) transmit to the Archivist, and, as soon as possible, make available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of the enactment of this Act [Dec. 22, 2023], without any redaction, adjustment, or withholding under the standards of this subtitle; and
"(2) transmit to the Archivist upon approval for postponement by the original classification authority upon completion of other action authorized by this subtitle, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this subtitle, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection.
"(f)
"(g)
"(1)
".(2)
"(A)
"(B)
"(C)
"(D)
"(i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and
"(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.
"(h)
"(1)
"(A) transmit digital records electronically in accordance with
"(B) charge fees for copying unidentified anomalous phenomena records; and
"(C) grant waivers of such fees pursuant to the standards established by
"(2)
"SEC. 1843. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
"(a)
"(1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal—
"(A) an intelligence agent whose identity currently requires protection;
"(B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or
"(C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States;
"(2) the public disclosure of the unidentified anomalous phenomena record would violate
"(3) the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or
"(4) the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.
"(b)
"(c)
Civil Rights Cold Case Records Collection
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Civil Rights Cold Case Records Collection Act of 2018'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A) arising out of events which occurred during the period beginning on January 1, 1940 and ending on December 31, 1979; and
"(B) related to—
"(i)
"(ii)
"(iii)
"(iv)
"(v) section 901 of the Fair Housing Act (
"(vi) any other Federal law that was—
"(I) in effect on or before December 31, 1979; and
"(II) enforced by the criminal section of the Civil Rights Division of the Department of Justice before the date of enactment of this Act [Jan. 8. 2019].
"(3)
"(A) is related to a civil rights cold case; and
"(B) was created or made available for use by, obtained by, or otherwise came into the possession of—
"(i) the Library of Congress;
"(ii) the National Archives;
"(iii) any executive agency;
"(iv) any independent agency;
"(v) any other entity of the Federal Government; or
"(vi) any State or local government, or component thereof, that provided support or assistance or performed work in connection with a Federal inquiry into a civil rights cold case.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
"(13)
"SEC. 3. CIVIL RIGHTS COLD CASE RECORDS COLLECTION AT THE NATIONAL ARCHIVES AND RECORD ADMINISTRATION.
"(a)
"(1)
"(A) commence establishing a collection of civil rights cold case records to be known as the 'Civil Rights Cold Case Records Collection' that ensures the physical integrity and original provenance of all records in the Collection;
"(B) commence preparing and publishing the subject guidebook and index to the Collection; and
"(C) establish criteria for Government offices to follow when transmitting copies of civil rights cold case records to the Archivist, to include required metadata.
"(2)
"(A) a copy of each civil rights cold case record—
"(i) that has not been transmitted to the Archivist, which shall be transmitted to the Archivist in accordance with
"(ii) that has been transmitted to the Archivist or disclosed to the public in an unredacted form before the date of the enactment of this Act;
"(iii) that is required to be transmitted to the Archivist; or
"(iv) the disclosure of which is postponed under this Act; and
"(B) all Review Board records, as required under this Act.
"(b)
"(1) shall be included in the Collection;
"(2) not later than 60 days after the transmission of the record to the Archivist, shall be available to the public for inspection and copying at the National Archives; and
"(3) shall be prioritized for digitization by the National Archives.
"(c)
"(1) use efficient electronic means when possible;
"(2) charge fees for copying civil rights cold case records; and
"(3) grant waivers of such fees pursuant to the standard established under
"(d)
"(e)
"(1)
"(A) as soon as is reasonably practicable, and in any event not later than 2 years after the date of the enactment of this Act, transmit to the Archivist, for the Archivist to make available to the public in accordance with subsection (b), a copy of each civil rights cold case record that can be publicly disclosed, including any such record that is publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this Act; and
"(B) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this Act, a copy of each civil rights cold case record for which public disclosure has been postponed, in whole or in part, under the standards of this Act, to become part of the protected Collection.
"(2)
"(A) not later than 90 days after—
"(i) final judgment is entered in the proceedings relating to the civil rights cold case; or
"(ii) proceedings relating to the civil rights cold case are dismissed with prejudice; or
"(B) not later than the date that is 1 year after the date on which the Attorney General submits to the Archivist the certification, if an indictment or information has not been filed with respect to the civil rights cold case.
"(f)
"(1)
"(2)
"(3)
"(4)
"(A)
"(i) the head of the originating body, an executive agency, or other Government office recommends in writing the exemption of the record or information, the release of which would clearly and demonstrably be expected to—
"(I) cause identifiable or describable damage to national security, military defense, law enforcement, intelligence operations, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure; or
"(II) reveal information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information) [
"(ii) the written recommendation described in clause (i)—
"(I) is provided to the Archivist not later than 180 days before the date that is 25 years after the date of enactment of this Act; and
"(II) includes—
"(aa) a justification of the recommendation to postpone disclosure; and
"(bb) a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this Act; and
"(iii) the Archivist agrees with the written recommendation described in clause (i).
"(B)
"(g)
"(h)
"(1)
"(2)
"SEC. 4. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
"Disclosure of civil rights cold case records or particular information within a civil rights cold case record to the public may be postponed subject to the limitations of this Act if disclosure would clearly and demonstrably be expected to—
"(1)(A) cause identifiable or describable damage to national security, military defense, law enforcement, intelligence operations, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure; or
"(B) reveal information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information);
"(2)(A) reveal the name or identity of a living individual who provided confidential information to the United States; and
"(B) pose a substantial risk of harm to that individual;
"(3) constitute an unwarranted invasion of personal privacy;
"(4)(A) compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or group; and
"(B) be so harmful that the understanding of confidentiality outweighs the public interest;
"(5) endanger the life or physical safety of any individual; or
"(6) interfere with ongoing law enforcement proceedings.
"SEC. 5. ESTABLISHMENT AND POWERS OF THE CIVIL RIGHTS COLD CASE RECORDS REVIEW BOARD.
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(3)
"(A) not have had any previous involvement with any official investigation or inquiry conducted by the Federal Government, or any State or local government, relating to any civil rights cold case;
"(B) be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to fulfill their role in ensuring and facilitating the review, transmission to the public, and public disclosure of files related to civil rights cold cases and who possess an appreciation of the value of such material to the public, scholars, and government; and
"(C) include at least 1 professional historian and 1 attorney.
"(c)
"(d)
"(e)
"(f)
"(1)
"(A) by impeachment and conviction; or
"(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties.
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(g)
"(1)
"(2)
"(h)
"(1)
"(2)
"(A) whether a record constitutes a civil rights cold case record; and
"(B) whether a civil rights cold case record or particular information in a record qualifies for postponement of disclosure under this Act.
"(i)
"(1)
"(A) obtain access to civil rights cold case records that have been identified and organized by a Government office;
"(B) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill its functions and responsibilities under this Act;
"(C) subpoena private persons to compel the production of documents and other records relevant to its responsibilities under this Act;
"(D) require any Government office to account in writing for the destruction of any records relating to civil rights cold cases;
"(E) receive information from the public regarding the identification and public disclosure of civil rights cold case records; and
"(F) hold hearings, administer oaths, and subpoena documents and other records.
"(2)
"(j)
"(k)
"(1)
"(2)
"(l)
"(m)
"(n)
"(1)
"(2)
"(3)
"(A)
"(B)
"SEC. 6. REVIEW BOARD PERSONNEL.
"(a)
"(1)
"(2)
"(A) shall be a citizen of the United States of integrity and impartiality who is a distinguished professional; and
"(B) shall have had no previous involvement with any official investigation or inquiry relating to civil rights cold cases.
"(3)
"(4)
"(5)
"(A) serve as principal liaison to Government offices;
"(B) be responsible for the administration and coordination 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 shall be disclosed to the public or postponed for disclosure.
"(6)
"(b)
"(1)
"(2)
"(A) shall be a private citizen of integrity and impartiality; and
"(B) shall have had no previous involvement with any official investigation or inquiry relating to civil rights cold cases.
"(3)
"(4)
"(c)
"(d)
"SEC. 7. REVIEW OF RECORDS BY THE REVIEW BOARD.
"(a)
"(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or
"(2) such transfer is necessary for an administrative hearing or other official Review Board function.
"(b)
"(1) not later than 90 days after the date on which all members of the Review Board are appointed, publish a schedule for review of all civil rights cold case records in the Federal Register; and
"(2) not later than 180 days after the enactment of this Act [Jan. 8, 2019], begin its review of civil rights cold case records under this Act.
"(c)
"(1)
"(A) a Government record is not a civil rights cold case record; or
"(B) a Government record or particular information within a civil rights cold case record qualifies for postponement of public disclosure under this Act, which shall include consideration by the Review Board of relevant laws and policies protecting criminal records of juveniles.
"(2)
"(A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
"(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 a civil rights cold case record.
"(ii) A substitute record for that information which is postponed.
"(iii) A summary of a civil rights cold case record.
"(3)
"(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 disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific civil rights cold case 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.
"(4)
"(5)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(1)
"(2)
"(3)
"(A) A financial report of the expenses for all official activities and requirements of the Review Board and its employees.
"(B) The progress made on review, transmission to the Archivist, and public disclosure of civil rights cold case records.
"(C) The estimated time and volume of civil rights cold case records 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 related actions authorized by this Act, and a record of the volume of records reviewed and postponed.
"(F) Recommendations and requests to Congress for additional authorization.
"(G) An appendix containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection.
"(4)
"SEC. 8. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.
"(a)
"(1)
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(b)
"(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 the seal by a court or under the injunction of secrecy of a grand jury; and
"(2) all departments and agencies of the United States Government should cooperate in full with the Review Board to seek the disclosure of all information relevant to civil rights cold cases consistent with the public interest.
"SEC. 9. RULES OF CONSTRUCTION.
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"SEC. 10. FUNDING.
"Until such time as funds are appropriated to carry out this Act, the President shall use such sums as are available for discretionary use to carry out this Act."
National Database for Records of Servitude, Emancipation, and Post–Civil War Reconstruction
"(a)
"(b)
President John F. Kennedy Assassination Records Collection
"SECTION 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.
"(a)
"(1) all Government records related to the assassination of President John F. Kennedy should be preserved for historical and governmental purposes;
"(2) all Government records concerning the assassination of President John F. Kennedy should carry a presumption of immediate disclosure, and all records should be eventually disclosed to enable the public to become fully informed about the history surrounding the assassination;
"(3) legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure 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;
"(5) legislation is necessary because the Freedom of Information Act [
"(6) legislation is necessary because [former] Executive Order No. 12356, entitled 'National Security Information' has eliminated the declassification and downgrading schedules relating to classified information across government and has prevented the timely public disclosure of records relating to the assassination of President John F. Kennedy; 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)
"(1) to provide for the creation of the President John F. Kennedy Assassination Records Collection at the National 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 created or made available for use by, obtained by, or otherwise 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 Agency Activities Within the United States (the 'Rockefeller Commission');
"(C) the Senate Select Committee to Study Governmental 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 Representatives;
"(F) the Library of Congress;
"(G) the National Archives and Records Administration;
"(H) any Presidential library;
"(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 provided support or assistance or performed work in connection with a Federal inquiry into the assassination of President 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 such records.
"(3) 'Collection' means the President John F. Kennedy Assassination Records Collection established under section 4.
"(4) 'Executive agency' means an Executive agency as defined in sub
"(5) 'Government office' means any office of the Federal Government that has possession or control of assassination records, including—
"(A) the House Committee on Administration with regard to the Select Committee on Assassinations of the records 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 Intelligence 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 Intelligence Agency Activities in the United States; and
"(E) any other executive branch office or agency, and any independent agency.
"(6) 'Identification aid' means the written description prepared for each record as required in section 4.
"(7) 'National Archives' means the National Archives and Records Administration and all components thereof, including Presidential archival depositories established under
"(8) 'Official investigation' means the reviews of the assassination of President John F. Kennedy conducted by any Presidential commission, any authorized congressional committee, 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, government commission, congressional committee, or other governmental entity that created a record or particular information within a record.
"(10) 'Public interest' means the compelling interest in the prompt public disclosure of assassination records for historical and governmental purposes and for the purpose of fully informing the American people about the history surrounding the assassination of President John F. Kennedy.
"(11) 'Record' includes a book, paper, map, photograph, sound or video recording, machine readable material, computerized, 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 Review Board established by section 7.
"(13) 'Third agency' means a Government agency that originated an assassination record that is in the possession of another agency.
"SEC. 4. PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
"(a)
"(2) The Collection shall include—
"(A) all assassination records—
"(i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of enactment of this Act;
"(ii) that are required to be transmitted to the National Archives; or
"(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)
"(c)
"(1) charge fees for copying assassination records; and
"(2) grant waivers of such fees pursuant to the standards established by
"(d)
"(2) The National Archives, in consultation with the Information Security Oversight Office, shall ensure the security of the postponed assassination records in the Collection.
"(e)
"SEC. 5. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF ASSASSINATION RECORDS BY GOVERNMENT OFFICES.
"(a)
"(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 may be withheld, redacted, postponed for public disclosure, or reclassified.
"(4) No assassination record created by a person or entity outside government (excluding names or identities consistent with the requirements of section 6) shall be withheld, redacted, postponed for public disclosure, or reclassified.
"(b)
"(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)
"(2) In carrying out paragraph (1), a Government office shall—
"(A) determine which of its records are assassination records;
"(B) determine which of its assassination records have been officially disclosed or publicly available in a complete 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 contained in those records, or complete and accurate copies thereof;
"(D)(i) determine whether its assassination records or particular information in assassination records are covered by the standards for postponement of public disclosure under this Act; and
"(ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained 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 uncertainty 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 assassination records publicly available or disclosed as of the date of enactment of this Act in a redacted or edited form; and
"(ii) the identification, review, and transmission, under the standards for postponement set forth in this Act, of assassination records that on the date of enactment of this Act are the subject of litigation under
"(H) make available to the Review Board any additional 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
"(d)
"(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 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, 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, and shall not be required to have such an identification aid unless required by the Archivist.
"(e)
"(1) transmit to the Archivist, and make immediately available to the public, all assassination records that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act [Oct. 26, 1992], without any redaction, adjustment, or withholding under the standards of this Act; and
"(2) transmit to the Archivist upon approval for postponement 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)
"(g)
"(2)(A) A periodic review shall address the public disclosure 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 unclassified written description of the reason for such continued postponement. Such description shall be provided to the Archivist and published in the Federal Register upon determination.
"(C) The periodic review of postponed assassination records shall serve to downgrade and declassify security classified information.
"(D) Each assassination record shall be publicly disclosed 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 relations; and
"(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.
"(h)
"(1) charge fees for copying assassination records; and
"(2) grant waivers of such fees pursuant to the standards established by
"SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
"Disclosure of assassination records or particular information in assassination records to the public may be postponed subject to the limitations of this Act if there is clear and convincing evidence that—
"(1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States 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 requires protection;
"(B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the United States Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or
"(C) any other matter currently relating to the military defense, intelligence operations or conduct of foreign relations of the United States, the disclosure of which would demonstrably 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 provided 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 invasion 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 compromise the existence of an understanding of confidentiality currently requiring protection between a Government 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, 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 RECORDS REVIEW BOARD.
"(a)
"(b)
"(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 Review Board after considering persons recommended by 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, the President shall consider for nomination the persons recommended by the other organizations described 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 involvement 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 judgment necessary to the fulfillment of their role in ensuring 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 appreciation of the value of such material to the public, scholars, and government; and
"(C) shall include at least 1 professional historian and 1 attorney.
"(c)
"(2) All nominees shall qualify for the necessary security clearance prior to being considered for confirmation by the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate.
"(d)
"(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.
"(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)
"(f)
"(g)
"(A) by impeachment and conviction; or
"(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially 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 10 days after the removal the President shall submit to the Committee on Government Operations [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Governmental Affairs [now Committee on Homeland Security and 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 person 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 office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.
"(B) The member may be reinstated or granted other appropriate relief by order of the court.
"(h)
"(2) A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of
"(i)
"(2) In carrying out paragraph (1), the Review Board shall consider and render decisions—
"(A) whether a record constitutes an assassination record; and
"(B) whether an assassination record or particular information in a record qualifies for postponement of disclosure under this Act.
"(j)
"(A) direct Government offices to complete identification aids and organize assassination records;
"(B) direct Government offices to transmit to the Archivist assassination records as required under this Act, including 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;
"(ii) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony 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 private persons to compel testimony, records, and other information relevant to its responsibilities under this Act;
"(D) require any Government office to account in writing for the destruction of any records relating to the assassination of President John F. Kennedy;
"(E) receive information from the public regarding the identification and public disclosure of assassination records;
"(F) hold hearings, administer oaths, and subpoena witnesses and documents; and
"(G) use the Federal Acquisition 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 pursuant to a lawful request of the Review Board.
"(k)
"(l)
"(2) The Review Board shall have the duty to cooperate with the exercise of such oversight jurisdiction.
"(m)
"(n)
"(o)
"(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 requirements under this Act.
"(3) Upon termination and winding up, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.
"SEC. 8. ASSASSINATION RECORDS REVIEW BOARD PERSONNEL.
"(a)
"(2) The person appointed as Executive Director shall be a private citizen of integrity and impartiality who is a distinguished professional and who is not a present employee of any branch of the Government and has had no previous 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 manner 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;
"(B) be responsible for the administration and coordination 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 reasons 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 incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board.
"(b)
"(2)(A) Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a private citizen of integrity and impartiality who is not a present employee of any branch of the Government and who has had no previous involvement with any official investigation or inquiry relating to the assassination of President John F. Kennedy.
"(B) An individual who is an employee of the Government may be appointed to the staff of the Review Board if in that position the individual will perform only administrative functions.
"(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 employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does 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 responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment.
"(c)
"(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 Executive Schedule; and
"(2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act.
"(d)
"(2) Any advisory committee created by the Review Board shall be subject to
"(e)
"SEC. 9. REVIEW OF RECORDS BY THE ASSASSINATION RECORDS REVIEW BOARD.
"(a)
"(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or
"(2) such transfer is necessary for an administrative hearing or other official Review Board function.
"(b)
"(1) not later than 90 days after the date of its appointment, 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.
"(c)
"(A) a Government record is not an assassination record; or
"(B) a Government record or particular information within an assassination record qualifies for postponement 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, substitutes, or summaries of such a record; and
"(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 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 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.
"(4)(A) Following its review and a determination that an assassination record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected 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 President for Review Board determinations regarding executive 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 unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 6.
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(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.
"(3) A report under paragraph (1) shall include the following 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 records 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 related actions authorized by this Act, and a record of the 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 postponed 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 President and Congress of its intention to terminate its operations at a specified date.
"SEC. 10. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.
"(a)
"(1) The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to the assassination of President John F. Kennedy that is held under seal of the court.
"(2)(A) The Review Board may request the Attorney General 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 secrecy 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. App.].
"(b)
"(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, including the records of the Komitet Gosudarstvennoy Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye Upravleniye (GRU), relevant to the assassination of President Kennedy, and contact any other foreign government that may hold information relevant to the assassination of President Kennedy and seek disclosure of such information; and
"(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)
"(b)
"(c)
"(d)
"(e)
"(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 applicable 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
"(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure 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)
"(b)
"SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"SEC. 14. SEVERABILITY.
"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."
[Postponement of records from full public disclosure under section 5(g)(2)(D) of
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Executive Documents
Classified National Security Information
For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents under control of Archivist pursuant to this section, see Ex. Ord. No. 13526, §3.5(b), Dec. 29, 2009, 75 F.R. 718, set out as a note under
Temporary Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy
Memorandum of President of the United States, Oct. 22, 2021, 86 F.R. 59599, provided:
Memorandum for the Heads of Executive Departments and Agencies
(b) Any information that an agency proposes for continued postponement beyond December 15, 2022, shall be limited to the absolute minimum under the statutory standard. An agency shall not propose to continue redacting information unless the redaction is necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure. In applying this statutory standard, an agency shall:
(i) Accord substantial weight to the public interest in transparency and full disclosure of any record that falls within the scope of the Act; and
(ii) Give due consideration that some degree of harm is not grounds for continued postponement unless the degree of harm is of such gravity that it outweighs the public interest.
(c) For any record containing information that an agency proposes for continued postponement beyond December 15, 2022, the agency shall provide, no later than December 15, 2021:
(i) an unclassified letter, to be signed by the head of the agency, providing a written description of the types of information for which the agency is proposing continued postponement and reasons for which the agency is proposing continued postponement of such information;
(ii) an unclassified index identifying for each such record the reasons for which the agency is proposing continued postponement of information in such record; and
(iii) a specific proposed date identifying for each such record when the agency reasonably anticipates that continued postponement of information in such record no longer would be necessary or, if that is not possible, a specific proposed date for each such record identifying when the agency would propose to next review again after December 15, 2022, whether the information proposed for continued postponement in such record still satisfies the statutory standard for postponement.
(d) NARA shall review each proposed redaction, no later than September 1, 2022, in consultation with:
(i) The Department of Defense if the agency proposing the redaction asserts an anticipated harm to the military defense;
(ii) The Office of the Director of National Intelligence if the agency proposing the redaction asserts an anticipated harm to intelligence operations;
(iii) The Department of Justice if the agency proposing the redaction asserts an anticipated harm to law enforcement; and
(iv) The Department of State if the agency proposing the redaction asserts an anticipated harm to the conduct of foreign relations.
(e) The relevant consulting agency, as designated pursuant to subsection (d) of this section, shall provide its assessment to NARA as to whether the information proposed for continued postponement satisfies the statutory standard for such postponement. In reviewing a proposed redaction, NARA or the relevant consulting agency, as designated pursuant to subsection (d) of this section, should consult with the agency that proposed the redaction.
(f) If NARA does not agree that a proposed redaction meets the statutory standard for continued postponement, it shall inform the agency that proposed the redaction. After consultation with NARA, the agency that proposed the redaction may, no later than October 1, 2022:
(i) withdraw the proposed redaction; or
(ii) refer the decision on continued postponement to the President through the Counsel to the President, accompanied by an explanation of why continued postponement remains necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.
(g) If NARA agrees that a proposed redaction meets the asserted statutory standard for continued postponement, the Archivist shall recommend to the President, no later than October 1, 2022, that continued postponement from public disclosure of the information is warranted after December 15, 2022.
(h) At the conclusion of the 1-year review, any information still withheld from public disclosure that agencies do not propose for continued postponement beyond December 15, 2022, shall be released to the public on that date.
(i) At the conclusion of the 1-year review, each unclassified letter described in subsection (c)(i) of this section and each unclassified index described in subsection (c)(ii) of this section shall be disclosed to the public on December 15, 2022, with any updates made to account for any information initially proposed for continued postponement that is not postponed from public disclosure beyond December 15, 2022.
(b) The Archivist shall issue a plan, no later than December 15, 2021, to digitize and make available online NARA's entire collection of records concerning President Kennedy's assassination.
(c) The Archivist shall provide additional context online about the records that have been withheld in full under sections 10 and 11 of the Act—primarily documents containing tax-related information of the Internal Revenue Service or the Social Security Administration—that are not subject to the Presidential certification requirement under section 5 of the Act.
J.R. Biden, Jr.
Certifications Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy
Memorandum of President of the United States, Dec. 15, 2022, 87 F.R. 77967, provided:
Memorandum for the Heads of Executive Departments and Agencies
(b) Pursuant to my direction, agencies have undertaken a comprehensive effort to review the full set of almost 16,000 records that had previously been released in redacted form and determined that more than 70 percent of those records may now be released in full. This significant disclosure reflects my Administration's commitment to transparency and will provide the American public with greater insight and understanding of the Government's investigation into this tragic event in American history.
(c) In the course of their review, agencies have identified a limited number of records containing information for continued postponement of public disclosure. NARA has reviewed these proposed redactions and has coordinated with relevant consulting agencies, where appropriate, to ensure that the proposed redactions meet the statutory standard for continued postponement. The Acting Archivist has recommended certifying a small subset of the reviewed records for continued postponement of public disclosure.
(d) The Acting Archivist has further indicated that additional work remains to be done with respect to a limited number of other reviewed records that were the subject of agency proposals for continued postponement of public disclosure. The Acting Archivist believes such additional work could further reduce the amount of redacted information. The Acting Archivist therefore recommends that I temporarily certify the continued postponement of public disclosure of the redacted information in these records to provide additional time for review and to ensure that information from these records is disclosed to the maximum extent possible, consistent with the standards of the Act.
(i) accord substantial weight to the public interest in transparency and full disclosure of any record that falls within the scope of the Act; and
(ii) give due consideration that some degree of harm is not grounds for continued postponement unless the degree of harm is of such gravity that it outweighs the public interest in disclosure.
(b) If, by no later than May 1, 2023, NARA agrees that a proposed redaction meets the statutory standard for continued postponement, the Archivist shall recommend to the President, no later than May 1, 2023, that continued postponement of public disclosure of the information is warranted after June 30, 2023.
(c) If, by no later than May 1, 2023, NARA does not recommend that a proposed redaction meets the statutory standard for continued postponement, agencies shall, no later than May 15, 2023:
(i) withdraw the proposed redaction; or
(ii) recommend to the President, through the Counsel to the President, on a document-by-document basis, that release of the information continue to be postponed, providing an explanation for each proposed redaction of why continued postponement remains necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.
(d) In the development of the recommendations described in this section, as questions arise about particular proposed redactions, NARA shall consult, as appropriate, with relevant agencies as described in section 5(d) of my 2021 Memorandum.
(e) At the conclusion of the review described in this section, any information withheld from public disclosure that agencies do not propose for continued postponement beyond June 30, 2023, shall be released to the public by that date.
J.R. Biden, Jr.
§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 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 head of a Federal agency states, in writing, restrictions that appear to him to be necessary or desirable in the public interest 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,,1 impose such restrictions on the records so transferred, and may not relax or remove such restrictions without the written concurrence of the head of the agency from which the material was transferred, or of his successor in function, if any. In the event that a Federal agency is terminated and there is no successor in function, the Archivist 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 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 consistent with standards established in relevant statutory law, such restrictions shall remain in force for a longer period. Restriction 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.
(b) With regard to the census and survey records of the Bureau of the Census containing data identifying individuals 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 the Census and the Archivist of the United States, together 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.
(
Historical and Revision Notes
Based on
Editorial Notes
References in Text
Section 3 of the National Archives Act, approved June 19, 1934, referred to in subsec. (a), was classified to section 300c of former Title 44, Public Printing and Documents, and was repealed by act June 30, 1949, ch. 288, title VI, §602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, §7(d),
Prior Provisions
A prior section 2108 was renumbered
Amendments
1984—Subsec. (a).
Subsec. (b).
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Procedures To Prevent Unauthorized Removal of Classified Records From National Archives
"(a)
"(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 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 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 another secure facility.
"(b)
"(1)
"(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
"(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)
§2109. Preservation, arrangement, duplication, exhibition of records
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 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.
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2109 was renumbered
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 11440. Supplemental Use of Exhibits and Displays Created in Furtherance of Authorized Programs of Executive Departments and Agencies
Ex. Ord. No. 11440, Dec. 11, 1968, 33 F.R. 18475, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
WHEREAS the executive departments and agencies of the Government, in discharging their various responsibilities, create a large volume of materials (including books, correspondence, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, motion pictures, sound recordings, and other objects of historical or commemorative value) which from time to time are incorporated into or reproduced for use in exhibits or other types of visual displays needed for use in carrying out their programs; and
WHEREAS under
WHEREAS many of the exhibits and displays so prepared, produced, or otherwise created by the executive departments and agencies possess historical significance which warrants their preservation and exhibition as part of the archival and cultural heritage of the United States:
NOW, THEREFORE, by virtue of the authority vested in me, as President of the United States, it is hereby ordered as follows:
(a) when initiating plans for the preparation, production, or other creation of exhibits and displays in furtherance of their program missions, to confer with the Archivist of the United States, or his designee, for the purpose of assuring that any such exhibits or displays which the Archivist finds appropriate for supplemental exhibition as part of the archival and cultural heritage of the United States are prepared, produced, or otherwise created in a manner which assures, to the maximum possible extent, their appropriateness, after they have served their primary program purpose, for such supplemental exhibition, and
(b) to transfer to the Archivist, without reimbursement, such exhibits or displays as he determines are appropriate for such supplemental exhibition after they have served their primary program purpose, subject to such conditions requiring return to the department or agency of all or any of the materials incorporated in the exhibits or displays as may be mutually agreeable.
(a) provide advice, counsel, and assistance to the heads of executive departments and agencies in the preparation, production, or other creation of exhibits and displays which he finds will have future value for exhibition as part of the archival and cultural heritage of the United States; and
(b) accept any such exhibit or display when it has served its primary program purpose and (1) arrange for its supplemental exhibition as appropriate, (2) preserve any such exhibit or display which possesses sufficient historical or other value to warrant continued preservation, or (3) dispose of any such exhibit or display when, in his judgment, the reasons for its continued preservation or exhibition cease to exist, all subject to the conditions agreed upon incident to transfer to the Archivist of the United States of the exhibit or display.
§2110. Servicing records
The Archivist shall provide and maintain facilities he considers necessary or desirable for servicing records in his custody that are not exempt from examination by statutory or other restrictions.
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2110 was renumbered
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2111. Material accepted for deposit
(a)
(1) the papers and other historical materials of a President or former President of the United States, or other official or former official of the Government, and other papers relating to and contemporary with a President or former President of the United States, subject to restrictions agreeable to the Archivist as to their use; and
(2) recorded information (as such term is defined in
(b)
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2111 was renumbered
Amendments
2014—
1984—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Presidential Recordings and Materials Preservation Act
"Title I—Preservation of Presidential Recordings and Materials
"delivery and retention of certain presidential materials
"
"(1) involve former President Richard M. Nixon or other individuals who, at the time of the conversation, were employed by the Federal Government;
"(2) were recorded in the White House or in the office of the President in the Executive Office Buildings located in Washington, District of Columbia; Camp David, Maryland; Key Biscayne, Florida; or San Clemente, California; and
"(3) were recorded during the period beginning January 20, 1969, and ending August 9, 1974.
"(b)(1) Notwithstanding any other law or any agreement or understanding made pursuant to
"(2) For purposes of this subsection, the term 'historical materials' has the meaning given it by
"availability of certain presidential materials
"
"(b) Notwithstanding any other provision of this title, any other law, or any agreement or understanding made pursuant to
"(c) Richard M. Nixon, or any person whom he may designate in writing, shall at all times have access to the tape recordings and other materials referred to in section 101 for any purpose which is consistent with the provisions of this title, subsequent and subject to the regulations which the Archivist shall issue pursuant to section 103.
"(d) Any agency or department in the executive branch of the Federal Government shall at all times have access to the tape recordings and other materials referred to in section 101 for lawful Government use, subject to the regulations which the Archivist shall issue pursuant to section 103.
"regulations to protect certain tape recordings and other materials
"
"regulations relating to public access
"
"(1) the need to provide the public with the full truth, at the earliest reasonable date, of the abuses of governmental power popularly identified under the generic term 'Watergate';
"(2) the need to make such recordings and materials available for use in judicial proceedings;
"(3) the need to prevent general access, except in accordance with appropriate procedures established for use in judicial proceedings to information relating to the Nation's security;
"(4) the need to protect every individual's right to a fair and impartial trial;
"(5) the need to protect any party's opportunity to assert any legally or constitutionally based right or privilege which would prevent or otherwise limit access to such recordings and materials;
"(6) the need to provide public access to those materials which have general historical significance, and which are not likely to be related to the need described in paragraph (1); and
"(7) the need to give to Richard M. Nixon, or his heirs, for his sole custody and use, tape recordings and other materials which are not likely to be related to the need described in paragraph (1) and are not otherwise of general historical significance.
"(b) The regulations proposed by the Archivist in the report required by subsection (a) shall not take effect until the expiration of the first period of 60 calendar days of continuous session of the Congress after the date of the submission of such regulations to each House of the Congress. For the purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die, but the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded.
"(c) The provisions of this title shall not apply, on and after the date upon which regulations proposed by the Administrator take effect under subsection (b), to any tape recordings or other materials given to Richard M. Nixon, or his heirs, pursuant to subsection (a)(7).
"(d) The provisions of this title shall not in any way affect the rights, limitations or exemptions applicable under the Freedom of Information Act, 5 U.S.C. §552 et seq.
"judicial review
"
"(b) If, under the procedures established by subsection (a), a judicial decision is rendered that a particular provision of this title, or a particular regulation issued under the authority granted by this title, is unconstitutional or otherwise invalid, such decision shall not affect in any way the validity or enforcement of any other provision of this title or any regulation issued under the authority granted by this title.
"(c) If a final decision of such court holds that any provision of this title has deprived an individual of private property without just compensation, then there shall be paid out of the general fund of the Treasury of the United States such amount or amounts as may be adjudged just by that Court.
"authorization of appropriations
"
[
Executive Documents
Classified National Security Information
For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents under control of Archivist pursuant to this section or provisions set out as a note under this section, see Ex. Ord. No. 13526, §3.5(b), Dec. 29, 2009, 75 F.R. 718, set out as a note under
§2112. Presidential archival depository
(a)(1) When the Archivist considers it to be in the public interest, the Archivist may—
(A)(i) accept, for and in the name of the United States, land, a facility, and equipment offered as a gift to the United States for the purpose of creating a Presidential archival depository;
(ii) take title to the land, facility, and equipment on behalf of the United States; and
(iii) maintain, operate, and protect the land, facility, and equipment as a Presidential archival depository and as part of the national archives system;
(B)(i) make agreements, upon terms and conditions the Archivist considers proper, with a State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, a facility, and equipment of the State, subdivision, university, or other organization, to be made available by it without transfer of title to the United States; and
(ii) maintain, operate, and protect the depository as a part of the national archives system; and
(C) accept, for and in the name of the United States, gifts offered for the purpose of making any physical or material change or addition to a Presidential archival depository.
(2) The Archivist shall promulgate architectural and design standards applicable to Presidential archival depositories in order to ensure that such depositories (A) preserve Presidential records subject to
(3) Prior to accepting and taking title to any land, facility, or equipment under subparagraph (A) of paragraph (1), or prior to entering into any agreement under subparagraph (B) of such paragraph or any other agreement to accept or establish a Presidential archival depository, the Archivist shall submit a written report on the proposed Presidential archival depository to the President of the Senate and the Speaker of the House of Representatives. The report shall include—
(A) a description of the land, facility, and equipment offered as a gift or to be made available without transfer of title;
(B) a statement specifying the estimated total cost of the proposed depository and the amount of the endowment for the depository required pursuant to subsection (g) of this section;
(C) a statement of the terms of the proposed agreement, if any;
(D) a general description of the types of papers, documents, or other historical materials proposed to be deposited in the depository to be created, and of the terms of the proposed deposit;
(E) a statement of any additional improvements and equipment associated with the development and operation of the depository, an estimate of the costs of such improvements and equipment, and a statement as to the extent to which such costs will be incurred by any Federal or State government agency;
(F) an estimate of the total annual cost to the United States of maintaining, operating, and protecting the depository; and
(G) a certification that such facility and equipment (whether offered as a gift or made available without transfer of title) comply with standards promulgated by the Archivist pursuant to paragraph (2) of this subsection.
(4) Prior to accepting any gift under subparagraph (C) of paragraph (1) for the purpose of making any physical or material change or addition to a Presidential archival depository, or prior to implementing any provision of law requiring the making of such a change or addition, the Archivist shall submit a report in writing on the proposed change or addition to the President of the Senate and the Speaker of the House of Representatives. The report shall include—
(A) a description of such gift;
(B) a statement specifying the estimated total cost of the proposed physical or material change or addition and the amount of the deposit in an endowment for the depository required pursuant to subsection (g) of this section in order to meet the cost of such change or addition;
(C) a statement of the purpose of the proposed change or addition and a general description of any papers, documents, or historical materials proposed to be deposited in the depository as a result of such change or addition;
(D) a statement of any additional improvements or equipment for the depository associated with such change or addition;
(E) an estimate of the increase in the total annual cost to the United States of maintaining, operating, and protecting the depository that will result from such change or addition; and
(F) a certification that the depository, and the equipment therein will, after such change or addition, comply with the standards promulgated by the Archivist pursuant to paragraph (2) of this subsection.
(5) The Archivist may not—
(A) accept or take title to land, a facility, or equipment under subparagraph (A) of paragraph (1) for the purpose of creating a Presidential archival depository;
(B) enter into any agreement under subparagraph (B) of such paragraph or any other agreement to accept or establish a Presidential archival depository; or
(C) accept any gift under subparagraph (C) of such paragraph for the purpose of making any physical or material change to a Presidential archival depository,
until the expiration of a period of 60 days of continuous session of Congress beginning on the date on which the Archivist transmits the report required under paragraph (3) of this subsection with respect to such Presidential archival depository or the report required under paragraph (4) of this subsection with respect to such change or addition, as the case may be.
(b) When the Archivist considers it to be in the public interest, he may deposit in a Presidential archival depository papers, documents, or other historical materials accepted under
(c) When the Archivist considers it to be in the public interest, he may exercise, with respect to papers, documents, or other historical materials deposited under this section, or otherwise, in a Presidential archival depository, all the functions and responsibilities otherwise vested in him pertaining to Federal records or other documentary materials in his custody or under his control. The Archivist, in negotiating for the deposit of Presidential historical materials, shall take steps to secure to the Government, as far as possible, the right to have continuous and permanent possession of the materials. Papers, documents, or other historical materials accepted and deposited under
(d) When the Archivist considers it to be in the public interest, he may cooperate with and assist a university, institution of higher learning, institute, foundation, or other organization or qualified individual to further or to conduct study or research in historical materials deposited in a Presidential archival depository.
(e) When the Archivist considers it to be in the public interest, he may charge and collect reasonable fees for the privilege of visiting and viewing exhibit rooms or museum space, or for the occasional, non-official use of rooms and spaces (and services related to such use), in a Presidential archival depository.
(f) When the Archivist considers it to be in the public interest, he may provide reasonable office space in a Presidential archival depository for the personal use of a former President of the United States.
(g)(1) When the Archivist considers it to be in the public interest, the Archivist may solicit and accept gifts or bequests of money or other property for the purpose of maintaining, operating, protecting, or improving a Presidential archival depository. The proceeds of gifts or bequests, together with the proceeds from fees or from sales of historical materials, copies or reproductions, catalogs, or other items, having to do with a Presidential archival depository, shall be paid into an account in the National Archives Trust Fund and shall be held, administered, and expended for the benefit and in the interest of the Presidential archival depository in connection with which they were received, and for the same purposes and objects, including custodial and administrative services for which appropriations for the maintenance, operation, protection, or improvement of Presidential archival depositories might be expended.
(2) The Archivist shall provide for the establishment in such Trust Fund of separate endowments for the maintenance of the land, facility, and equipment of each Presidential archival depository, to which shall be credited any gifts or bequests received under paragraph (1) that are offered for that purpose. Income to each such endowment shall be available to cover the cost of facility operations, but shall not be available for the performance of archival functions under this title.
(3) The Archivist shall not accept or take title to any land, facility, or equipment under subparagraph (A) of subsection (a)(1), or enter into any agreement to use any land, facility, or equipment under subparagraph (B) of such subsection for the purpose of creating a Presidential archival depository, unless the Archivist determines that there is available, by gift or bequest for deposit under paragraph (2) of this subsection in an endowment with respect to such depository, an amount for the purpose of maintaining such land, facility, and equipment equal to—
(A) the product of—
(i) the total cost of acquiring or constructing such facility and of acquiring and installing such equipment, multiplied by
(ii) 20 percent; plus
(B)(i) if title to the land is to be vested in the United States, the product of—
(I) the total cost of acquiring the land upon which such facility is located, or such other measure of the value of such land as is mutually agreed upon by the Archivist and the donor, multiplied by
(II) 20 percent; or
(ii) if title to the land is not to be vested in the United States, the product of—
(I) the total cost to the donor of any improvements to the land upon which such facility is located (other than such facility and equipment), multiplied by
(II) 20 percent; plus
(C) if the Presidential archival depository will exceed 70,000 square feet in area, an amount equal to the product of—
(i) the sum of—
(I) the total cost described in clause (i) of subparagraph (A); plus
(II) the total cost described in subclause (I) or (II) of subparagraph (B)(i), as the case may be, multiplied by
(ii) the percentage obtained by dividing the number of square feet by which such depository will exceed 70,000 square feet by 70,000.
(4) If a proposed physical or material change or addition to a Presidential archival depository would result in an increase in the costs of facility operations, the Archivist may not accept any gift under subparagraph (C) of paragraph (1) for the purpose of making such a change or addition, or may not implement any provision of law requiring the making of such a change or addition, unless the Archivist determines that there is available, by gift or bequest for deposit under paragraph (2) of this subsection in an endowment with respect to such depository, an amount for the purpose of maintaining the land, facility, and equipment of such depository equal to the difference between—
(A) the amount which, pursuant to paragraph (3) of this subsection, would have been required to have been available for deposit in such endowment with respect to such depository if such change or addition had been included in such depository on—
(i) the date on which the Archivist took title to the land, facility, and equipment for such depository under subparagraph (A) of subsection (a)(1); or
(ii) the date on which the Archivist entered into an agreement for the creation of such depository under subparagraph (B) of such paragraph,
as the case may be; minus
(B) the amount which, pursuant to paragraph (3) of this subsection, was required to be available for deposit in such endowment with respect to such depository on the date the Archivist took such title or entered into such agreement, as the case may be.
(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 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 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).
(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 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.
(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 endowment amount required under paragraph (4).
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2112 was renumbered
Amendments
2008—Subsec. (g)(5)(B).
2004—Subsec. (e).
2003—Subsec. (g)(5).
1986—Subsec. (a).
Subsec. (g).
1984—Subsec. (a).
Subsecs. (b), (c).
Subsecs. (d) to (g).
1978—Subsec. (c).
1976—Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Section 4 of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Capital Improvement Plan for Presidential Archival Depositories
"(1)
"(A) a prioritization of all capital projects at Presidential archival depositories that cost more than $1,000,000;
"(B) the current estimate of the cost of each capital project; and
"(C) the basis upon which each cost estimate was developed.
"(2)
"(3)
"(A) annual updates to the capital improvement plan described in paragraph (1) at the same time as each subsequent Budget of the United States Government is submitted to Congress; and
"(B) an explanation for any changes in cost estimates."
John Fitzgerald Kennedy Library
[For transfer of certain functions of the Administrator of General Services under
Lyndon Baines Johnson Presidential Archival Depository
[For transfer of certain functions of the Administrator of General Services under
§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.
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2113 was renumbered
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§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, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still photographs, and sound recordings in the Archivist's custody.
(
Historical and Revision Notes
Based on
Editorial Notes
Prior Provisions
A prior section 2114 was renumbered
Amendments
2014—
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2115. Reports; correction of violations
(a) In carrying out the duties and responsibilities under chapters 21, 25, 29, 31, and 33 of this title, the Archivist 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 concerned of the violation and make recommendations for its 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.
(
Historical and Revision Notes
Based on
Editorial Notes
Amendments
2014—Subsec. (a).
Subsec. (b).
1984—
1976—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2116. Legal status of reproductions; official seal; fees for copies and reproductions
(a) When records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, digital, or other processes, in accordance with standards established by the Archivist the indefinite retention by the photographic, 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 under regulations to carry out
(b) There shall be an official seal for the National Archives of the United States which shall be judicially noticed. When a copy or reproduction, furnished under this section, is authenticated by the official seal and certified by the Archivist, the copy or reproduction shall be admitted in evidence equally with the original from which it was made.
(c) The Archivist may charge a fee set to recover the costs for making or authenticating copies or reproductions of materials transferred to 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 Trust Fund. The Archivist may not charge for making or authenticating copies or reproductions of materials for official use by the United States Government unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work.
(
Historical and Revision Notes
Based on
Editorial Notes
Amendments
2014—Subsec. (a).
Subsec. (c).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2117. Limitation on liability
When letters and other intellectual productions (exclusive 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.
(
Historical and Revision Notes
Based on
Editorial Notes
Amendments
1984—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
§2118. Records of Congress
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.
(
Historical and Revision Notes
Based on
Editorial Notes
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2119. Cooperative agreements
(a)
(b)
(c)
(Added
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
§2120. Online access of founding fathers documents
The Archivist may enter into a cooperative agreement to provide 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.
(Added
Statutory Notes and Related Subsidiaries
Transfer of Funds
"(1)
"(2)