(a) In General.—When the Archivist considers it to be in the public interest the Archivist may accept for deposit—(1) the papers and other historical materials of a 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 section 3301(a)(2) of this title) from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions.
(b) Exception.—This section shall not apply in the case of any Presidential records which are subject to the provisions of chapter 22 of this title.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, § 2107; Pub. L. 95–591, § 2(b)(2), Nov. 4, 1978, 92 Stat. 2528; renumbered § 2111 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(5), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113–187, § 3(b), Nov. 26, 2014, 128 Stat. 2008.)
Historical and Revision NotesBased on 44 U.S. Code 1964 ed., § 397(e) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; July 12, 1952, ch. 703, § 1(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 2111 was renumbered section 2115 of this title.
Amendments2014—Pub. L. 113–187 amended section generally, substituting subsecs. (a) and (b) for similar provisions contained in pars. (1) and (2) and concluding provisions.
1984—Pub. L. 98–497, § 107(a)(5), substituted “Archivist” for “Administrator of General Services” in provisions preceding par. (1), and substituted “Archivist” for “Administrator” in par. (1).
1978—Pub. L. 95–591 inserted provision excluding Presidential records which are subject to provisions of chapter 22 of this title from application of this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. 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 Pub. L. 95–591, set out as an Effective Date note under section 2201 of this title.
Presidential Recordings and Materials Preservation ActPub. L. 93–526, title I, §§ 101–106, Dec. 19, 1974, 88 Stat. 1695–1698, as amended by Pub. L. 98–497, title I, § 107(c), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 108–199, div. F, title V, § 543(a), Jan. 23, 2004, 118 Stat. 346, provided:
“That this Act [enacting this note, former sections 3315 to 3324 of this title, and provisions set out as a note under former section 3315 of this title] may be cited as the ‘Presidential Recordings and Materials Preservation Act’.
“Title I—Preservation of Presidential Recordings and Materials
[Pub. L. 108–199, div. F, title V, § 543(b), Jan. 23, 2004, 118 Stat. 346, provided that: “Nothing in section 103 of the Presidential Recordings and Materials Preservation Act (Public Law 93–526; 44 U.S.C. 2111 note), as amended by subsection (a), may be construed as affecting public access to the recordings and materials referred to in that section as provided in regulations promulgated pursuant to section 104 of such Act.]”
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 section 3161 of Title 50, War and National Defense.