Title 44 — Public Printing and Documents
Chapter 21 — National Archives and Records Administration
§ 2116. Legal status of reproductions; official seal; fees for copies and reproductions
Statutory text
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 chapter 21, 29, 31, and 33 of this title, shall have the same legal status as the originals.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 90–620 · 82 Stat. 1238
Enacted · 44 U.S.C. § 2116
Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, § 2112
Source evidence
Code source credit
Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1291, § 2112Federal Records Management Amendments of 1976
Pub. L. 94–575 § 4(b) · 90 Stat. 2723
Inserted · 44 U.S.C. § 2116(a)
Pub. L. 94–575 inserted reference to chapter 33 of this title
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–575 inserted reference to chapter 33 of this title.Enacted provision · exact public law section
(b) Chapter 21 of such title is further amended by striking out “or 31” in section 2111(b) and “and 31” in section 2112, and inserting in lieu thereof “31, or 33” and “31, and 33”, respectively.National Archives and Records Administration Act of 1984
Pub. L. 98–497 § 107(a)(9)(A) · 98 Stat. 2280
Substituted · 44 U.S.C. § 2116(a)
Pub. L. 98–497, § 107(a)(9)(A), substituted “Archivist” for “Administrator of General Services”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–497, § 107(a)(9)(A), substituted “Archivist” for “Administrator of General Services”.Enacted provision · exact public law section
(A) by striking out “Administrator of General Services” and inserting in lieu thereof “Archivist,”; andEffective date note
Amendment 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.National Archives and Records Administration Act of 1984
Pub. L. 98–497 § 107(a)(9)(B) · 98 Stat. 2280
Substituted · 44 U.S.C. § 2116(b)
Pub. L. 98–497, § 107(a)(9)(B), substituted “Archivist” for “Administrator”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–497, § 107(a)(9)(B), substituted “Archivist” for “Administrator”.Enacted provision · exact public law section
(B) by striking out “Administrator” and inserting in lieu thereof “Archivist”.Effective date note
Amendment 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.National Archives and Records Administration Act of 1984
Pub. L. 98–497 § 201 · 98 Stat. 2280
Substituted · 44 U.S.C. § 2116(c)
Pub. L. 98–497, § 201, substituted provisions transferring functions from Administrator of General Services to Archivist of the United States, further substituted provisions relating to permissible fee charges for former provisions which set a fee not in excess of 10 percent above costs and expenses for making copies
Inserted · 44 U.S.C. § 2116(c)
Pub. L. 98–497, § 201, inserted “unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work”
Struck · 44 U.S.C. § 2116(c)
Pub. L. 98–497, § 201, struck out provision that reimbursement may be accepted to cover cost of furnishing copies or reproductions that could not otherwise be furnished
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–497, § 201, substituted provisions transferring functions from Administrator of General Services to Archivist of the United States, further substituted provisions relating to permissible fee charges for former provisions which set a fee not in excess of 10 percent above costs and expenses for making copies, inserted “unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work”, and struck out provision that reimbursement may be accepted to cover cost of furnishing copies or reproductions that could not otherwise be furnished.Enacted provision · exact public law section
Sec. 201. copying and authenticating charges Section 2116(c) of title 44, United States Code (as redesignated Ante, p. 2280. by section 102(a)), is amended to read as follows: “(c) The Archivist may charge a fee set to recover the costs for making or authenticating copies or reproductions of materials transferred to his 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.”.Effective date note
Amendment 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.Presidential and Federal Records Act Amendments of 2014
Pub. L. 113–187 § 3(d) · 128 Stat. 2003
Inserted · 44 U.S.C. § 2116(a)
Pub. L. 113–187, § 3(d), inserted “digital,” after “microphotographic,” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–187, § 3(d), inserted “digital,” after “microphotographic,” in two places.Enacted provision · exact public law section
(d) Legal Status of Reproductions; Official Seal; Fees for Copies and Reproductions.— Section 2116(a) of title 44, United States Code, is amended by inserting “digital,” after “microphotographic,”, each place it appears.Presidential and Federal Records Act Amendments of 2014
Pub. L. 113–187 § 8(1) · 128 Stat. 2003
Substituted · 44 U.S.C. § 2116(c)
Pub. L. 113–187, § 8(1), substituted “the Archivist’s custody” for “his custody”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–187, § 8(1), substituted “the Archivist’s custody” for “his custody”.Enacted provision · exact public law section
(1) in section 2116(c), by striking “his” and inserting “the Archivist’s”;
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., § 399 (June 30, 1949, ch. 288, title V, § 509, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Editorial Notes
Amendments1976–2014 · 3 rounds
2014
Subsec. (a). Pub. L. 113–187, § 3(d), inserted “digital,” after “microphotographic,” in two places.
Subsec. (c). Pub. L. 113–187, § 8(1), substituted “the Archivist’s custody” for “his custody”.
1984
Subsec. (a). Pub. L. 98–497, § 107(a)(9)(A), substituted “Archivist” for “Administrator of General Services”.
Subsec. (b). Pub. L. 98–497, § 107(a)(9)(B), substituted “Archivist” for “Administrator”.
Subsec. (c). Pub. L. 98–497, § 201, substituted provisions transferring functions from Administrator of General Services to Archivist of the United States, further substituted provisions relating to permissible fee charges for former provisions which set a fee not in excess of 10 percent above costs and expenses for making copies, inserted “unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work”, and struck out provision that reimbursement may be accepted to cover cost of furnishing copies or reproductions that could not otherwise be furnished.
1976
Subsec. (a). Pub. L. 94–575 inserted reference to chapter 33 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–497 effective , see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
Credits
1968–2014 · 4 acts
- 1968Pub. L. 90–620, , 82 Stat. 1291, § 2112
- 1976Pub. L. 94–575, § 4(b), , 90 Stat. 2727
- 1984renumbered § 2116 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(9), title II, § 201, , 98 Stat. 2280, 2286, 2292
- 2014Pub. L. 113–187, §§ 3(d), 8(1), , 128 Stat. 2008, 2011.
Show as published
(Pub. L. 90–620, , 82 Stat. 1291, § 2112; Pub. L. 94–575, § 4(b), , 90 Stat. 2727; renumbered § 2116 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(9), title II, § 201, , 98 Stat. 2280, 2286, 2292; Pub. L. 113–187, §§ 3(d), 8(1), , 128 Stat. 2008, 2011.)