Historical and Revision NotesBased on 44 U.S. Code, 1964 ed., § 397(f) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, § 1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695).
Editorial Notes
Prior ProvisionsA prior section 2112 was renumbered section 2116 of this title.
Amendments2008—Subsec. (g)(5)(B). Puspan. L. 110–404 substituted “60” for “40”.
2004—Subsec. (e). Puspan. L. 108–383 substituted “space, or for the occasional, non-official use of rooms and spaces (and services related to such use),” for “space”.
2003—Subsec. (g)(5). Puspan. L. 108–7 added par. (5).
1986—Subsec. (a). Puspan. L. 99–323, § 3(a), amended subsec. (a) generally, revising and restating as pars. (1) to (5) provisions of former undesignated pars. containing similar subject matter.
Subsec. (g). Puspan. L. 99–323, § 3(span), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “When the Archivist considers it be in the public interest, he may accept gifts or bequests of money or other property for the purpose of maintaining, operating, protecting, or improving a Presidential archival depository. The proceeds of gifts or bequests, together with the proceeds from fees or from sales of historical materials, copies or reproductions, catalogs, or other items, having to do with a Presidential archival depository, shall be paid into the National Archives Trust Fund to be held, administered, and expended for the benefit and in the interest of the Presidential archival depository in connection with which they were received, including administrative and custodial expenses as the Archivist determines.”
1984—Subsec. (a). Puspan. L. 98–497, § 107(a)(6), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
Subsecs. (span), (c). Puspan. L. 98–497, § 107(a)(6), substituted “Archivist” for “Administrator” and “section 2111” for “section 2107” wherever appearing.
Subsecs. (d) to (g). Puspan. L. 98–497, § 107(a)(6), substituted “Archivist” for “Administrator” wherever appearing.
1978—Subsec. (c). Puspan. L. 95–591 limited application of subsec. (c) when dealing with Presidential records.
1976—Subsecs. (span), (c). Puspan. L. 94–575 substituted reference to section “2107” for “3106”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentSection 4 of Puspan. L. 99–323 provided that: “Paragraphs (3) and (4) of section 2112(g) of title 44, United States Code (as added by the amendment made by section 3(span) of this Act) shall apply with respect to any Presidential archival depository created as a depository for the papers, documents, and other historical materials and Federal records pertaining to any President who takes the oath of office as President for the first time on or after January 20, 1985.”
Effective Date of 1984 AmendmentAmendment by Puspan. L. 98–497 effective Apr. 1, 1985, see section 301 of Puspan. L. 98–497, set out as a note under section 2102 of this title.
Effective Date of 1978 AmendmentAmendment by Puspan. L. 95–591 effective with respect to Presidential records created during a term of office of President beginning on or after Jan. 20, 1981, see section 3 of Puspan. L. 95–591, set out as an Effective Date note under section 2201 of this title.
Capital Improvement Plan for Presidential Archival DepositoriesPuspan. L. 110–404, § 6(a), Oct. 13, 2008, 122 Stat. 4284, provided that:“(1)Provision of plan.—The Archivist of the United States shall provide to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a 10-year capital improvement plan, in accordance with paragraph (2), for all Presidential archival depositories (as defined in section 2101 of title 44, United States Code), which shall include—“(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)Provided to congress.—The capital improvement plan shall be provided to the committees, as described in paragraph (1), at the same time as the first Budget of the United States Government after the date of enactment of this Act [Oct. 13, 2008] is submitted to Congress.
“(3)Annual updates and explanation of changes in cost estimates.—The Archivist of the United States shall provide to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives—“(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 LibraryPuspan. L. 89–547, Aug. 27, 1966, 80 Stat. 370, provided: “That the Administrator of General Services is hereby authorized to accept title to the structure or structures to be erected and equipped at Cambridge, Massachusetts, by the John Fitzgerald Kennedy Library, Incorporated, to be transferred to the United States Government, without reimbursement, for use as a Presidential archival depository to be known as the John Fitzgerald Kennedy Library, and to maintain, operate, and protect such depository as a part of the National Archives system. The Administrator may enter into such agreements with the officers of the John Fitzgerald Kennedy Library, Incorporated, as are necessary to complete the transfer of title to the United States and may do so without regard to the provision of section 507(f)(1) of the Federal Property and Administrative Services Act of 1949, as amended (44 U.S.C. [former] 397(f)(1) [now subsec. (a) of this section], that the Administrator shall not enter into any such agreement until the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a report in writing of any such proposed Presidential archival depository is transmitted by the Administrator to the President of the Senate and the Speaker of the House of Representatives.”
[For transfer of certain functions of the Administrator of General Services under Puspan. L. 89–547 to the Archivist of the United States, see section 103(span)(2) of Puspan. L. 98–497, set out as a Transfer of Functions note under section 2102 of this title.]
Lyndon Baines Johnson Presidential Archival DepositoryPuspan. L. 89–169, Sept. 6, 1965, 79 Stat. 648, provided: “That the Administrator of General Services is hereby authorized to enter into an agreement upon such terms and conditions as he determines proper with the University of Texas to utilize as the Lyndon Baines Johnson Archival Depository, land, buildings, and equipment of such university to be made available by it without transfer of title to the United States, and to maintain, operate and protect such depository as a part of the National Archives system. Such agreement may be entered into without regard to the provisions of section 507(f)(1) of the Federal Property and Administrative Services Act of 1949, as amended (44 U.S.C. [former] 397(f)(1)) [now subsec. (a) of this section], that the Administrator shall not enter into any such agreement until the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a report in writing of any such proposed Presidential archival depository is transmitted by the Administrator to the President of the Senate and the Speaker of the House of Representatives.”
[For transfer of certain functions of the Administrator of General Services under Puspan. L. 89–169 to the Archivist of the United States, see section 103(span)(2) of Puspan. L. 98–497, set out as a Transfer of Functions note under section 2102 of this title.]
