44 U.S.C. § 2112 : US Code - Section 2112: Presidential archival depository

Search 44 U.S.C. § 2112 : US Code - Section 2112: Presidential archival depository

(a)(1) When the Archivist considers it to be in the public
interest, the Archivist may -
(A)(i) accept, for and in the name of the United States, land,
a facility, and equipment offered as a gift to the United States
for the purpose of creating a Presidential archival depository;
(ii) take title to the land, facility, and equipment on behalf
of the United States; and
(iii) maintain, operate, and protect the land, facility, and
equipment as a Presidential archival depository and as part of
the national archives system;
(B)(i) make agreements, upon terms and conditions the Archivist
considers proper, with a State, political subdivision,
university, institution of higher learning, institute, or
foundation to use as a Presidential archival depository land, a
facility, and equipment of the State, subdivision, university, or
other organization, to be made available by it without transfer
of title to the United States; and
(ii) maintain, operate, and protect the depository as a part of
the national archives system; and
(C) accept, for and in the name of the United States, gifts
offered for the purpose of making any physical or material change
or addition to a Presidential archival depository.
(2) The Archivist shall promulgate architectural and design
standards applicable to Presidential archival depositories in order
to ensure that such depositories (A) preserve Presidential records
subject to chapter 22 of this title and papers and other historical
materials accepted for deposit under section 2111 of this title and
(B) contain adequate research facilities.
(3) Prior to accepting and taking title to any land, facility, or
equipment under subparagraph (A) of paragraph (1), or prior to
entering into any agreement under subparagraph (B) of such
paragraph or any other agreement to accept or establish a
Presidential archival depository, the Archivist shall submit a
written report on the proposed Presidential archival depository to
the President of the Senate and the Speaker of the House of
Representatives. The report shall include -
(A) a description of the land, facility, and equipment offered
as a gift or to be made available without transfer of title;
(B) a statement specifying the estimated total cost of the
proposed depository and the amount of the endowment for the
depository required pursuant to subsection (g) of this section;
(C) a statement of the terms of the proposed agreement, if any;
(D) a general description of the types of papers, documents, or
other historical materials proposed to be deposited in the
depository to be created, and of the terms of the proposed
deposit;
(E) a statement of any additional improvements and equipment
associated with the development and operation of the depository,
an estimate of the costs of such improvements and equipment, and
a statement as to the extent to which such costs will be incurred
by any Federal or State government agency;
(F) an estimate of the total annual cost to the United States
of maintaining, operating, and protecting the depository; and
(G) a certification that such facility and equipment (whether
offered as a gift or made available without transfer of title)
comply with standards promulgated by the Archivist pursuant to
paragraph (2) of this subsection.
(4) Prior to accepting any gift under subparagraph (C) of
paragraph (1) for the purpose of making any physical or material
change or addition to a Presidential archival depository, or prior
to implementing any provision of law requiring the making of such a
change or addition, the Archivist shall submit a report in writing
on the proposed change or addition to the President of the Senate
and the Speaker of the House of Representatives. The report shall
include -
(A) a description of such gift;
(B) a statement specifying the estimated total cost of the
proposed physical or material change or addition and the amount
of the deposit in an endowment for the depository required
pursuant to subsection (g) of this section in order to meet the
cost of such change or addition;
(C) a statement of the purpose of the proposed change or
addition and a general description of any papers, documents, or
historical materials proposed to be deposited in the depository
as a result of such change or addition;
(D) a statement of any additional improvements or equipment for
the depository associated with such change or addition;
(E) an estimate of the increase in the total annual cost to the
United States of maintaining, operating, and protecting the
depository that will result from such change or addition; and
(F) a certification that the depository, and the equipment
therein will, after such change or addition, comply with the
standards promulgated by the Archivist pursuant to paragraph (2)
of this subsection.
(5) The Archivist may not -
(A) accept or take title to land, a facility, or equipment
under subparagraph (A) of paragraph (1) for the purpose of
creating a Presidential archival depository;
(B) enter into any agreement under subparagraph (B) of such
paragraph or any other agreement to accept or establish a
Presidential archival depository; or
(C) accept any gift under subparagraph (C) of such paragraph
for the purpose of making any physical or material change to a
Presidential archival depository,
until the expiration of a period of 60 days of continuous session
of Congress beginning on the date on which the Archivist transmits
the report required under paragraph (3) of this subsection with
respect to such Presidential archival depository or the report
required under paragraph (4) of this subsection with respect to
such change or addition, as the case may be.
(b) When the Archivist considers it to be in the public interest,
he may deposit in a Presidential archival depository papers,
documents, or other historical materials accepted under section
2111 of this title, or Federal records appropriate for
preservation.
(c) When the Archivist considers it to be in the public interest,
he may exercise, with respect to papers, documents, or other
historical materials deposited under this section, or otherwise, in
a Presidential archival depository, all the functions and
responsibilities otherwise vested in him pertaining to Federal
records or other documentary materials in his custody or under his
control. The Archivist, in negotiating for the deposit of
Presidential historical materials, shall take steps to secure to
the Government, as far as possible, the right to have continuous
and permanent possession of the materials. Papers, documents, or
other historical materials accepted and deposited under section
2111 of this title and this section are subject to restrictions as
to their availability and use stated in writing by the donors or
depositors, including the restriction that they shall be kept in a
Presidential archival depository. The restrictions shall be
respected for the period stated, or until revoked or terminated by
the donors or depositors or by persons legally qualified to act on
their behalf. Subject to the restrictions, the Archivist may
dispose by sale, exchange, or otherwise, of papers, documents, or
other materials which the Archivist determines to have no permanent
value or historical interest or to be surplus to the needs of a
Presidential archival depository. Only the first two sentences of
this subsection shall apply to Presidential records as defined in
section 2201(2) of this title.
(d) When the Archivist considers it to be in the public interest,
he may cooperate with and assist a university, institution of
higher learning, institute, foundation, or other organization or
qualified individual to further or to conduct study or research in
historical materials deposited in a Presidential archival
depository.
(e) When the Archivist considers it to be in the public interest,
he may charge and collect reasonable fees for the privilege of
visiting and viewing exhibit rooms or museum space, 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 40 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).