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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

(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 chapter 21, 29, 31, and 33 of this title, shall have the same legal status as the originals.

(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.

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.

  1. 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, § 2112

  2. Federal 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.

  3. 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,”; and

    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.

  4. 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.

  5. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 201 · 98 Stat. 2280

    1. 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

    2. 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”

    3. 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.

  6. 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.

  7. 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
  1. 1968Pub. L. 90–620, , 82 Stat. 1291, § 2112
  2. 1976Pub. L. 94–575, § 4(b), , 90 Stat. 2727
  3. 1984renumbered § 2116 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(9), title II, § 201, , 98 Stat. 2280, 2286, 2292
  4. 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.)

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