# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: pure_conceptual
Difficulty: advanced | Document Type: educational

can be publicly disclosed to the fullest extent;
(C)(i) obtain access to assassination records that have
been identified and organized by a Government office;
[Page 36]
BASIC LAWS and AUTHORITIES  | 27	(ii) direct a Government office to make available to
the Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testi -
mony from individuals, which the Review Board has
reason to believe is required to fulfill its functions and
responsibilities under this Act; and
(iii) request the Attorney General to subpoena pri -
vate persons to compel testimony, records, and other
information relevant to its responsibilities under this
Act;
(D) require any Government office to account in writ -
ing for the destruction of any records relating to the assas -
sination of President John F . Kennedy;
(E) receive information from the public regarding the
identification and public disclosure of assassination re -
cords;
(F) hold hearings, administer oaths, and subpoena wit -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: hypothetical
Difficulty: intermediate | Document Type: educational

nesses and documents; and
(G) use the Federal Supply Service in the same manner
and under the same conditions as other departments and
agencies of the United States; and
(H) use the United States mails in the same manner
and under the same conditions as other departments and
agencies of the United States.
(2) A subpoena issued under paragraph (1)(C)(iii) may be
enforced by any appropriate Federal court acting pursu -
ant to a lawful request of the Review Board.
(k) Witness immunity.—The Review Board shall be con -
sidered to be an agency of the United States for purposes
of section 6001 of title 18, United States Code.
(l) Oversight.—(1) The Committee on Government Op -
erations of the House of Representatives and the Com -
mittee on Governmental Affairs of the Senate shall have
continuing oversight jurisdiction with respect to the offi -
cial conduct of the Review Board and the disposition of
postponed records after termination of the Review Board,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: practical_application
Difficulty: intermediate | Document Type: educational

and shall have access to any records held or created by the
Review Board.
(2) The Review Board shall have the duty to cooperate
with the exercise of such oversight jurisdiction.
(m) Support Services.—The Administrator of the General
Services Administration shall provide administrative ser -
vices for the Review Board on a reimbursable basis.
(n) Interpretive regulations.—The Review Board may is -
sue interpretive regulations.
(o) Termination and winding up.—(1) The Review Board and the terms of its members shall terminate not later
than September 30, 1998.
(2) Upon its termination, the Review Board shall submit
reports to the President and the Congress including a
complete and accurate accounting of expenditures during
its existence, and shall complete all other reporting re -
quirements under this Act.
(3) Upon termination and winding up, the Review Board
shall transfer all of its records to the Archivist for inclu -
sion in the Collection, and no record of the Review Board
shall be destroyed.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

Sec. 8. Assassination Records Review Board personnel
(a) Executive director.—(1) Not later than 45 days after
the initial meeting of the Review Board, the Review Board
shall appoint one citizen, without regard to political affil -
iation, to the position of Executive Director.
(2) The person appointed as Executive Director shall be a
private citizen of integrity and impartiality who is a dis -
tinguished professional and who is not a present employee
of any branch of the Government and has had no previ -
ous involvement with any official investigation or inquiry
relating to the assassination of President John F . Kennedy.
(3)(A) A candidate for Executive Director shall be granted
the necessary security clearances in an accelerated man -
ner subject to the standard procedures for granting such
clearances.
(B) A candidate shall qualify for the necessary security
clearance prior to being approved by the Review Board.
(4) The Executive Director shall—
(A) serve as principal liaison to Government offices;


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: legal_dialogue
Difficulty: advanced | Document Type: educational

(B) be responsible for the administration and coordina -
tion of the Review Board’s review of records;
(C) be responsible for the administration of all official
activities conducted by the Review Board; and
(D) have no authority to decide or determine whether
any record should be disclosed to the public or postponed
for disclosure.
(5) The Executive Director shall not be removed for rea -
sons other than by a majority vote of the Review Board
for cause on the grounds of inefficiency, neglect of duty,
malfeasance in office, physical disability, mental incapac -
ity, or any other condition that substantially impairs the
performance of the responsibilities of the Executive Di -
rector or the staff of the Review Board.
[Page 37]
28 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 29	(b) Staff.—(1) The Review Board, without regard to the
civil service laws, may appoint and terminate additional
personnel as are necessary to enable the Review Board and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

its Executive Director to perform the duties of the Review
Board.
(2)(A) Except as provided in subparagraph (B), a person
appointed to the staff of the Review Board shall be a pri -
vate citizen of integrity and impartiality who is not a pres -
ent employee of any branch of the Government and who
has had no previous involvement with any official investi -
gation or inquiry relating to the assassination of President
John F . Kennedy.
(B) An individual who is an employee of the Govern -
ment may be appointed to the staff of the Review Board if
in that position the individual will perform only admin -
istrative functions.
(3)(A) A candidate for staff shall be granted the necessary
security clearances in an accelerated manner subject to the
standard procedures for granting such clearances.
(B)(i) The Review Board may offer conditional employ -
ment to a candidate for a staff position pending the
completion of security clearance background investiga -
tions. During the pendency of such investigations, the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: educational
Difficulty: advanced | Document Type: educational

Review Board shall ensure that any such employee does
not have access to, or responsibility involving, classified
or otherwise restricted assassination record materials.
(ii) If a person hired on a conditional basis under
clause (i) is denied or otherwise does not qualify for all
security clearances necessary to carry out the responsi -
bilities of the position for which conditional employ -
ment has been offered, the Review Board shall immedi -
ately terminate the person’s employment.
(c) Compensation.—Subject to such rules as may be
adopted by the Review Board, the chairperson, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and
without regard to the provisions of chapter 51 and sub -
chapter III of chapter 53 of that title relating to classifica -
tion and General Schedule pay rates, may—
(1) appoint an Executive Director, who shall be paid at a
rate not to exceed the rate of basic pay for level V of the
Executive Schedule; and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

(2) appoint and fix compensation of such other personnel
as may be necessary to carry out this Act.
(d) Advisory committees.—(1) The Review Board shall
have the authority to create advisory committees to assist in fulfilling the responsibilities of the Review Board under
this Act.
(2) Any advisory committee created by the Review Board
shall be subject to the Federal Advisory Committee Act (5
U.S.C. App. 2).
(e) Security clearance required.—An individual em -
ployed in any position by the Review Board (including an
individual appointed as Executive Director) shall be re -
quired to qualify for any necessary security clearance prior
to taking office in that position, but may be employed
conditionally in accordance with subsection (b)(3)(B) be -
fore qualifying for that clearance.
Sec. 9. Review of records by the Assassination Records
Review Board
(a) Custody of records reviewed by Board.—Pending the
outcome of the Review Board’s review activity, a Govern -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: simple_qa
Difficulty: advanced | Document Type: educational

ment office shall retain custody of its assassination records
for purposes of preservation, security, and efficiency, un -
less—
(1) the Review Board requires the physical transfer of re -
cords for reasons of conducting an independent and im -
partial review; or
(2) such transfer is necessary for an administrative hearing
or other official Review Board function.
(b) Startup requirements.—The Review Board shall—
(1) not later than 90 days after the date of its appoint -
ment, publish a schedule for review of all assassination
records in the Federal Register; and
(2) not later than 180 days after the date of enactment of
this Act [Oct. 26, 1992], begin its review of assassination
records under this Act.
(c) Determinations of the Review Board.—(1) The Re -
view Board shall direct that all assassination records be
transmitted to the Archivist and disclosed to the public
in the Collection in the absence of clear and convincing
evidence that—
(A) a Government record is not an assassination record; or


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: pure_conceptual
Difficulty: advanced | Document Type: educational

(B) a Government record or particular information
within an assassination record qualifies for postpone -
ment of public disclosure under this Act.
(2) In approving postponement of public disclosure of an
assassination record, the Review Board shall seek to—
(A) provide for the disclosure of segregable parts, sub -
stitutes, or summaries of such a record; and
[Page 38]
BASIC LAWS and AUTHORITIES  | 29	(B) determine, in consultation with the originating
body and consistent with the standards for postponement
under this Act, which of the following alternative forms of
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in
an assassination record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of an assassination record.
(3) With respect to each assassination record or particular
information in assassination records the public disclosure
of which is postponed pursuant to section 6, or for which


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

only substitutions or summaries have been disclosed to
the public, the Review Board shall create and transmit to
the Archivist a report containing—
(A) a description of actions by the Review Board, the
originating body, the President, or any Government office
(including a justification of any such action to postpone
disclosure of any record or part of any record) and of any
official proceedings conducted by the Review Board with
regard to specific assassination records; and
(B) a statement, based on a review of the proceedings
and in conformity with the decisions reflected therein,
designating a recommended specified time at which or a
specified occurrence following which the material may be
appropriately disclosed to the public under this Act.
(4)(A) Following its review and a determination that an
assassination record shall be publicly disclosed in the Col -
lection or postponed for disclosure and held in the pro -
tected Collection, the Review Board shall notify the head


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Occupiers Liability | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

of the originating body of its determination and publish a
copy of the determination in the Federal Register within
14 days after the determination is made.
(B) Contemporaneous notice shall be made to the Pres -
ident for Review Board determinations regarding exec -
utive branch assassination records, and to the oversight
committees designated in this Act in the case of legislative
branch records. Such notice shall contain a written unclas -
sified justification for public disclosure or postponement
of disclosure, including an explanation of the application
of any standards contained in section 6.
(d) Presidential authority over Review Board determination.—
(1) Public disclosure or postponement of disclosure.—
After the Review Board has made a formal determina -
tion concerning the public disclosure or postponement
of disclosure of an executive branch assassination record or information within such a record, or of any informa -
tion contained in an assassination record, obtained or


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

developed solely within the executive branch, the Pres -
ident shall have the sole and nondelegable authority to
require the disclosure or postponement of such record or
information under the standards set forth in section 6,
and the President shall provide the Review Board with
an unclassified written certification specifying the Pres -
ident’s decision within 30 days after the Review Board’s
determination and notice to the executive branch agency
as required under this Act, stating the justification for the
President’s decision, including the applicable grounds for
postponement under section 6, accompanied by a copy of
the identification aid required under section 4.
(2) Periodic review.—Any executive branch assassination
record postponed by the President shall be subject to the
requirements of periodic review, downgrading and declas -
sification of classified information, and public disclosure
in the collection set forth in section 4.
(3) Record of presidential postponement.—The Review


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

Board shall, upon its receipt, publish in the Federal Reg -
ister a copy of any unclassified written certification, state -
ment, and other materials transmitted by or on behalf of
the President with regard to postponement of assassina -
tion records.
(e) Notice to public.—Every 30 calendar days, begin -
ning on the date that is 60 calendar days after the date on
which the Review Board first approves the postponement
of disclosure of an assassination record, the Review Board
shall publish in the Federal Register a notice that summa -
rizes the postponements approved by the Review Board or
initiated by the President, the House of Representatives,
or the Senate, including a description of the subject, orig -
inating agency, length or other physical description, and
each ground for postponement that is relied upon.
(f) Reports by the review board.—(1) The Review Board
shall report its activities to the leadership of the Congress,
the Committee on Government Operations of the House


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: hypothetical
Difficulty: intermediate | Document Type: educational

of Representatives, the Committee on Governmental Af -
fairs of the Senate, the President, the Archivist, and the
head of any Government office whose records have been
the subject of Review Board activity.
(2) The first report shall be issued on the date that is 1 year
after the date of enactment of this Act
[Oct. 26, 1992], and subsequent reports every 12 months
thereafter until termination of the Review Board.
[Page 39]
30 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 31	(3) A report under paragraph (1) shall include the follow -
ing information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
personnel.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of assassination records.
(C) The estimated time and volume of assassination re -
cords involved in the completion of the Review Board’s
performance under this Act.
(D) Any special problems, including requests and the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

level of cooperation of Government offices, with regard
to the ability of the Review Board to operate as required
by this Act.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other re -
lated actions authorized by this Act, and a record of the
volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional
legislative authority needs.
(G) An appendix containing copies of reports of post -
poned records to the Archivist required under section 9(c)
(3) made since the date of the preceding report under this
subsection.
(4) At least 90 calendar days before completing its work,
the Review Board shall provide written notice to the Pres -
ident and Congress of its intention to terminate its oper -
ations at a specified date.
Sec. 10. Disclosure of other materials and additional study
(a) Materials under seal of court.—
(1) The Review Board may request the Attorney General


# basic laws book 2016 (1)
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Topic: Criminal Law - Offenses | Sample Type: conversational
Difficulty: intermediate | Document Type: educational

to petition any court in the United States or abroad to re -
lease any information relevant to the assassination of Pres -
ident John F . Kennedy that is held under seal of the court.
(2)(A) The Review Board may request the Attorney Gen -
eral to petition any court in the United States to release
any information relevant to the assassination of President
John F . Kennedy that is held under the injunction of se -
crecy of a grand jury.
(B) A request for disclosure of assassination materials
under this Act shall be deemed to constitute a showing of
particularized need under Rule 6 of the Federal Rules of
Criminal Procedure [18 U.S.C.A.].
(b) Sense of congress.—It is the sense of the Congress that—(1) the Attorney General should assist the Review Board
in good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court
or under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact the Government


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: hypothetical
Difficulty: advanced | Document Type: educational

of the Republic of Russia and seek the disclosure of all
records of the government of the former Soviet Union,
including the records of the Komitet Gosudarstvennoy
Bezopasnosti (KGB) and the Glaynoye Razvedyvatelnoye
Upravleniye (GRU), relevant to the assassination of Presi -
dent Kennedy, and contact any other foreign government
that may hold information relevant to the assassination
of President Kennedy and seek disclosure of such infor -
mation; and
(3) all Executive agencies should cooperate in full with
the Review Board to seek the disclosure of all information
relevant to the assassination of President John F . Kennedy
consistent with the public interest.
Sec. 11. Rules of construction
(a) Precedence over other law.—When this Act requires
transmission of a record to the Archivist or public disclo -
sure, it shall take precedence over any other law (except
section 6103 of the Internal Revenue Code), judicial de -
cision construing such law, or common law doctrine that


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: practical_application
Difficulty: intermediate | Document Type: educational

would otherwise prohibit such transmission or disclosure,
with the exception of deeds governing access to or transfer
or release of gifts and donations of records to the United
States Government.
(b) Freedom of Information Act.—Nothing in this Act
shall be construed to eliminate or limit any right to file
requests with any executive agency or seek judicial review
of the decisions pursuant to section 552 of title 5, United
States Code.
(c) Judicial review.—Nothing in this Act shall be con -
strued to preclude judicial review, under chapter 7 of title
5, United States Code, of final actions taken or required
to be taken under this Act.
(d) Existing authority.—Nothing in this Act revokes or
limits the existing authority of the President, any execu -
tive agency, the Senate, or the House of Representatives,
or any other entity of the Government to publicly disclose
records in its possession.
(e) Rules of the Senate and House of Representatives.—
To the extent that any provision of this Act establishes a


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

[Page 40]
BASIC LAWS and AUTHORITIES  | 31	procedure to be followed in the Senate or the House of
Representatives, such provision is adopted—
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed
to be part of the rules of each House, respectively, but ap -
plicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as they relate to the proce -
dure of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
Sec. 12. Termination of effect of Act
(a) Provisions pertaining to the Review Board.—The pro -
visions of this Act that pertain to the appointment and
operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members


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Difficulty: intermediate | Document Type: educational

have terminated pursuant to section 7(o).
(b) Other provisions.—The remaining provisions of this
Act shall continue in effect until such time as the Archivist
certifies to the President and the Congress that all assassi -
nation records have been made available to the public in
accordance with this Act.
Sec. 13. Authorization of appropriations
(a) In general.—There are authorized to be appropriated
to carry out the provisions of this Act $1,600,000 for fis -
cal year 1998.
(b) Interim funding.—Until such time as funds are ap -
propriated pursuant to subsection (a), the President may
use such sums as are available for discretionary use to car -
ry out this Act.
Sec. 14. Severability
If any provision of this Act or the application thereof to
any person or circumstance is held invalid, the remainder
of this Act and the application of that provision to other
persons not similarly situated or to other circumstances
shall not be affected by the invalidation.”


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Difficulty: intermediate | Document Type: educational

[Any reference in any provision of law enacted before Jan.
4, 1995, to the Committee on Government Operations of the House of Representatives treated as referring to the
Committee on Government Reform and Oversight of
the House of Representatives, except that any reference
in any provision of law enacted before Jan. 4, 1995, to
the Committee on Government Operations of the House
of Representatives treated as referring to the Committee
on the Budget of the House of Representatives in the
case of a provision of law relating to the establishment,
extension, and enforcement of special controls over the
Federal budget, see section 1(a)(6) and (c)(2) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2,
The Congress.]
(End of Note)
44 U.S.C. § 2107 NOTE.  ESTABLISHMENT OF
NATIONAL DATABASE FOR RECORDS OF
SERVITUDE, EMANCIPATION, AND POST-
CIVIL WAR RECONSTRUCTION.
National Database for Records of Servitude (Pub. L. 110-
404, § 7)
(a) IN GENERAL.—The Archivist of the United States


# basic laws book 2016 (1)
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Topic: Contract Law - Breach of Contract | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

may preserve relevant records and establish, as part of the
National Archives and Records Administration, an elec -
tronically searchable national database consisting of his -
toric records of servitude, emancipation, and post-Civil
War reconstruction, including the Refugees, Freedman,
and Abandoned Land Records, Southern Claims Com -
mission Records, Records of the Freedmen’s Bank, Slave
Impressments Records, Slave Payroll Records, Slave Man -
ifest, and others, contained within the agencies and de -
partments of the Federal Government to assist African
Americans and others in conducting genealogical and
historical research.
(b) MAINTENANCE.—Any database established under
this section shall be maintained by the National Archives
and Records Administration or an entity within the Na -
tional Archives and Records Administration designated
by the Archivist of the United States.
§ 2108. RESPONSIBILITY FOR CUSTODY, USE,
AND WITHDRAWAL OF RECORDS
(a) The Archivist shall be responsible for the custody,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

use, and withdrawal of records transferred to him. When
records, the use of which is subject to statutory limitations
[Page 41]
32 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 33	and restrictions, are so transferred, permissive and restrictive
statutory provisions with respect to the examination and use
of records applicable to the head of the agency from which
the records were transferred or to employees of that agency
are applicable to the Archivist and to the employees of the
National Archives and Records Administration, respectively.
Except as provided in subsection (b) of this section, when the
head of a Federal agency states, in writing, restrictions that
appear to him to be necessary or desirable in the public in -
terest with respect to the use or examination of records being
considered for transfer from his custody to the Archivist, the
Archivist shall, if he concurs, impose such restrictions on the
records so transferred, and may not relax or remove such re -


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Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: client_interaction
Difficulty: intermediate | Document Type: educational

strictions without the written concurrence of the head of the
agency from which the material was transferred, or of his suc -
cessor in function, if any. In the event that a Federal agency is
terminated and there is no successor in function, the Archi -
vist is authorized to relax, remove, or impose restrictions on
such agency’s records when he determines that such action is
in the public interest. Statutory and other restrictions referred
to in this subsection shall remain in force until the records
have been in existence for thirty years unless the Archivist
by order, having consulted with the head of the transferring
Federal agency or his successor in function, determines, with
respect to specific bodies of records, that for reasons consis -
tent with standards established in relevant statutory law, such
restrictions shall remain in force for a longer period. Restric -
tion on the use or examination of records deposited with the
National Archives of the United States imposed by section 3


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Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

of the National Archives Act, approved June 19, 1934, shall
continue in force regardless of the expiration of the tenure of
office of the official who imposed them but may be removed
or relaxed by the Archivist with the concurrence in writing of
the head of the agency from which material was transferred
or of his successor in function, if any.
(b) With regard to the census and survey records of the
Bureau of the Census containing data identifying indi -
viduals enumerated in population censuses, any release
pursuant to this section of such identifying information
contained in such records shall be made by the Archivist
pursuant to the specifications and agreements set forth in
the exchange of correspondence on or about the date of
October 10, 1952, between the Director of the Bureau of
the Census and the Archivist of the United States, togeth -
er with all amendments thereto, now or hereafter entered


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: procedural_guide
Difficulty: intermediate | Document Type: educational

into between the Director of the Bureau of the Census and the Archivist of the United States. Such amendments,
if any, shall be published in the Register.
44 U.S.C. § 2108 NOTE. PROCEDURES TO
PREVENT UNAUTHORIZED REMOVAL OF
CLASSIFIED RECORDS FROM NATIONAL
ARCHIVES.
(a) Classified Records.—Not later than 90 days after
the date of the enactment of this Act, the Archivist shall
prescribe internal procedures to prevent the unauthorized
removal of classified records from the National Archives
and Records Administration or the destruction or damage
of such records, including when such records are accessed
or searched electronically. Such procedures shall include,
at a minimum, the following prohibitions:
(1) An individual, other than covered personnel, may
not view classified records in any room that is not secure,
except in the presence of National Archives and Records
Administration personnel or under video surveillance.
(2) An individual, other than covered personnel, may not


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

be left alone with classified records, unless that individual
is under video surveillance.
(3) An individual, other than covered personnel, may
not review classified records while possessing any cellular
phone, electronic personal communication device, or any
other devices capable of photographing, recording, or
transferring images or content.
(4) An individual seeking access to review classified
records, as a precondition to such access, must consent
to a search of their belongings upon conclusion of their
records review.
(5) All notes and other writings prepared by an individual,
other than covered personnel, during the course of a review
of classified records shall be retained by the National
Archives and Records Administration in a secure facility
until such notes and other writings are determined to be
unclassified, are declassified, or are securely transferred to
another secure facility.
(b) DEFINITIONS.—In this section:
(1) COVERED PERSONNEL.—The term ‘‘covered
personnel’’ means any individual—


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: client_interaction
Difficulty: advanced | Document Type: educational

(A) who has an appropriate and necessary reason for accessing
classified records, as determined by the Archivist; and
(B) who is either—
(i) an officer or employee of the United States Government
with appropriate security clearances; or
[Page 42]
BASIC LAWS and AUTHORITIES  | 33	(ii) any personnel with appropriate security clearances
of a Federal contractor authorized in writing to act for
purposes of this section by an officer or employee of the
United States Government.
(2) RECORDS.—The term ‘‘records’’ has the meaning given
that term under section 3301 of title 44, United States Code.
§ 2109. PRESERVATION, ARRANGEMENT,
DUPLICATION, EXHIBITION OF RECORDS
The Archivist shall provide for the preservation,
arrangement, repair and rehabilitation, duplication
and reproduction (including microcopy publications),
description, and exhibition of records or other
documentary material transferred to him as may be needful
or appropriate, including the preparation and publication


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: general_reasoning
Difficulty: intermediate | Document Type: educational

of inventories, indexes, catalogs, and other finding aids or
guides to facilitate their use. He may also prepare guides
and other finding aids to Federal records and, when
approved by the National Historical Publications and
Records Commission, publish such historical works and
collections of sources as seem appropriate for printing or
otherwise recording at the public expense.
§ 2110. SERVICING RECORDS
The Archivist shall provide and maintain facilities he con -
siders necessary or desirable for servicing records in his
custody that are not exempt from examination by statuto -
ry or other restrictions.
§ 2111. MATERIAL ACCEPTED FOR DEPOSIT
(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 Pres -
ident 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


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Topic: Property Law - Intellectual Property | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

former President of the United States, subject to restric -
tions 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 ev -
idence 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.44 U.S.C. § 2111 NOTE
PRESIDENTIAL RECORDINGS AND
MATERIALS PRESERVATION ACT
Delivery and Retention of Certain Presidential Materials
Sec. 101. (a) Notwithstanding any other law or any
agreement or understanding made pursuant to section
2111 of title 44, United States Code [this section] any
Federal employee in possession shall deliver, and the
Archivist of the United States (hereinafter in this title
referred to as the ‘Archivist’) shall receive, obtain, or


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Difficulty: advanced | Document Type: educational

retain, complete possession and control of all original
tape recordings of conversations which were recorded or
caused to be recorded by any officer or employee of the
Federal Government and which—
(1) involve former President Richard M. Nixon or oth -
er individuals who, at the time of the conversation, were
employed by the Federal Government;
(2) were recorded in the White House or in the office of
the President in the Executive Office Buildings located in
Washington, District of Columbia; Camp David, Maryland;
Key Biscayne, Florida; or San Clemente, California; and
(3) were recorded during the period beginning January
20, 1969, and ending August 9, 1974.
(b)(1) Notwithstanding any other law or any agree -
ment or understanding made pursuant to section 2111 of
title 44, United States Code [this section], the Archivist
shall receive, retain, or make reasonable efforts to obtain,
complete possession and control of all papers, documents,
memorandums, transcripts, and other objects and mate -


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

rials which constitute the Presidential historical materials
of Richard M. Nixon, covering the period beginning Jan -
uary 20, 1969, and ending August 9, 1974.
(2) For purposes of this subsection, the term ‘historical
materials’ has the meaning given it by section 2101 of title
44, United States Code [section 2101 of this title].
Availability of Certain Presidential Materials
Sec. 102. (a) None of the tape recordings or other materi -
als referred to in section 101 shall be destroyed, except as
hereafter may be provided by law.
(b) Notwithstanding any other provision of this title,
any other law, or any agreement or understanding made
pursuant to section 2111 of title 44, United States Code
[this section], the tape recordings and other materials re -
ferred to in section 101 shall, immediately upon the date
of enactment of this title, be made available, subject to
[Page 43]
34 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 35	any rights, defenses, or privileges which the Federal Gov -


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Topic: Contract Law - Formation | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

ernment or any person may invoke, for use in any judicial
proceeding or otherwise subject to court subpoena or oth -
er legal process. Any request by the Office of Watergate
Special Prosecution Force, whether by court subpoena
or other lawful process, for access to such recordings or
materials shall at all times have priority over any other
request for such recordings or materials.
(c) Richard M. Nixon, or any person whom he may des -
ignate in writing, shall at all times have access to the tape
recordings and other materials referred to in section 101
for any purpose which is consistent with the provisions of
this title, subsequent and subject to the regulations which
the Archivist shall issue pursuant to section 103.
(d) Any agency or department in the executive branch of
the Federal Government shall at all times have access to the
tape recordings and other materials referred to in section
101 for lawful Government use, subject to the regulations


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

which the Archivist shall issue pursuant to section 103.
Regulations to Protect Certain T ape Recordings and Other
Materials
Sec. 103. The Archivist shall issue at the earliest possible
date such regulations as may be necessary to assure the
protection of the tape recordings and other materials
referred to in section 101 from loss or destruction,
and to prevent access to such recordings and materials
by unauthorized persons. The Archivist may transfer
such recordings and materials to a Presidential archival
depository in accordance with section 2112 of title 44,
United States Code.
Regulations Relating to Public Access
Sec. 104. (a) The Archivist shall, within ninety days after
the date of enactment of this title [Dec.19, 1974] submit
to each House of the Congress a report proposing and
explaining regulations that would provide public access
to the tape recordings and other materials referred to in
section 101. Such regulations shall take into account the
following factors:


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

(1) the need to provide the public with the full truth,
at the earliest reasonable date, of the abuses of govern -
mental power popularly identified under the generic term
‘Watergate’;
(2) the need to make such recordings and materials
available for use in judicial proceedings;(3) the need to prevent general access, except in accor -
dance with appropriate procedures established for use in
judicial proceedings, to information relating to the Na -
tion’s security;
(4) the need to protect every individual’s right to a fair
and impartial trial;
(5) the need to protect any party’s opportunity to as -
sert any legally or constitutionally based right or privilege
which would prevent or otherwise limit access to such re -
cordings and materials;
(6) the need to provide public access to those materials
which have general historical significance, and which are
not likely to be related to the need described in paragraph
(1); and
(7) the need to give to Richard M. Nixon, or his heirs,


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Jurisdiction: UK | Practice Area: employment law
Topic: Family Law - Child Custody | Sample Type: educational
Difficulty: intermediate | Document Type: educational

for his sole custody and use, tape recordings and other
materials which are not likely to be related to the need de -
scribed in paragraph (1) and are not otherwise of general
historical significance.
(b) The regulations proposed by the Archivist in the
report required by subsection (a) shall not take effect un -
til the expiration of the first period of 60 calendar days
of continuous session of the Congress after the date of
the submission of such regulations to each House of the
Congress. For the purposes of this subsection, continuity
of session is broken only by an adjournment of Congress
sine die, but the days on which either House is not in ses -
sion because of an adjournment of more than three days
to a day certain are excluded.
(c) The provisions of this title shall not apply, on and af -
ter the date upon which regulations proposed by the Ad -
ministrator take effect under subsection (b), to any tape
recordings or other materials given to Richard M. Nixon,


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Topic: Constitutional Law - Rights | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

or his heirs, pursuant to subsection (a)(7).
(d) The provisions of this title shall not in any way af -
fect the rights, limitations or exemptions applicable under
the Freedom of Information Act, 5 U.S.C. § 552 et seq.
Judicial Review
Sec. 105. (a) The United States District Court for the
District of Columbia shall have exclusive jurisdiction to
hear challenges to the legal or constitutional validity of
this title or of any regulation issued under the authority
granted by this title, and any action or proceeding
involving the question of title, ownership, custody,
possession, or control of any tape recording or material
[Page 44]
BASIC LAWS and AUTHORITIES  | 35	referred to in section 101 or involving payment of any
just compensation which may be due in connection
therewith. Any such challenge shall be treated by the
court as a matter requiring immediate consideration and
resolution, and such challenge shall have priority on the
docket of such court over other cases.


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Topic: Property Law - Intellectual Property | Sample Type: educational
Difficulty: intermediate | Document Type: educational

(b) If, under the procedures established by subsection
(a), a judicial decision is rendered that a particular pro -
vision of this title, or a particular regulation issued under
the authority granted by this title, is unconstitutional or
otherwise invalid, such decision shall not affect in any way
the validity or enforcement of any other provision of this
title or any regulation issued under the authority granted
by this title.
(c) If a final decision of such court holds that any pro -
vision of this title has deprived an individual of private
property without just compensation, then there shall be
paid out of the general fund of the T reasury of the United
States such amount or amounts as may be adjudged just
by that Court.
Authorization of Appropriations
Sec. 106. There is authorized to be appropriated such
sums as may be necessary to carry out the provisions of
this title.
[ Pub. L. 108–199, div. F, title V, §543(b), Jan. 23, 2004,
118 Stat. 346 , provided that: “Nothing in section 103


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: pure_conceptual
Difficulty: advanced | Document Type: educational

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.]
(End of Note)
§ 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 subdivi -


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

sion, 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 de -
pository.
(2) The Archivist shall promulgate architectural and
design standards applicable to Presidential archival de -
positories 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, fa -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

cility, or equipment under subparagraph (A) of paragraph
(1), or prior to entering into any agreement under sub -
paragraph (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 pro -
posed Presidential archival depository to the President of
the Senate and the Speaker of the House of Representa -
tives. The report shall include—
(A) a description of the land, facility, and equipment of -
fered 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 endow -
ment for the depository required pursuant to subsection
(g) of this section;
(C) a statement of the terms of the proposed agree -
ment, if any;
(D) a general description of the types of papers, docu -
ments, or other historical materials proposed to be depos -
ited in the depository to be created, and of the terms of
the proposed deposit;
[Page 45]


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36 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 37	(E) a statement of any additional improvements and
equipment associated with the development and opera -
tion 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 de -
pository; 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 sub -
section.
(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


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: general_reasoning
Difficulty: intermediate | Document Type: educational

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 de -
pository required pursuant to subsection (g) of this sec -
tion 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, doc -
uments, 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 pro -


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

tecting the depository that will result from such change
or addition; and
(F) a certification that the depository, and the equip -
ment 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 ma -
terial 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 Archi -
vist transmits the report required under paragraph (3) of


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

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 depos -
itory papers, documents, or other historical materials ac -
cepted 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, docu -
ments, 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 Archi -
vist, in negotiating for the deposit of Presidential histori -
cal materials, shall take steps to secure to the Government,


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

as far as possible, the right to have continuous and perma -
nent 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. Sub -
ject 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 per -
manent 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.
[Page 46]


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BASIC LAWS and AUTHORITIES  | 37	(d) When the Archivist considers it to be in the pub -
lic 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 muse -
um space, or for the occasional, non-official use of rooms
and spaces (and services related to such use), in a Presi -
dential archival depository.
(f) When the Archivist considers it to be in the pub -
lic 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 pub -
lic interest, the Archivist may solicit and accept gifts or


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

bequests of money or other property for the purpose of
maintaining, operating, protecting, or improving a Pres -
idential archival depository. The proceeds of gifts or be -
quests, 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 Nation -
al Archives T rust 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, protec -
tion, or improvement of Presidential archival depositories
might be expended.
(2) The Archivist shall provide for the establishment in
such T rust Fund of separate endowments for the mainte -
nance of the land, facility, and equipment of each Presi -


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dential archival depository, to which shall be credited any
gifts or bequests received under paragraph (1) that are of -
fered 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 Presiden -
tial 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 fa -


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Topic: Property Law - Real Property | Sample Type: case_analysis
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cility 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 prod -
uct of—
(i) the sum of—
(I) the total cost described in clause (i) of subpara -
graph (A); plus
(II) the total cost described in subclause (I) or (II) of
subparagraph (B)(i), as the case may be, multiplied by


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

(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 addi -
tion to a Presidential archival depository would result in
an increase in the costs of facility operations, the Archi -
vist 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 subsec -
tion in an endowment with respect to such depository, an
amount for the purpose of maintaining the land, facility,
[Page 47]
38 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 39	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


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Jurisdiction: UK | Practice Area: employment law
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available for deposit in such endowment with respect to
such depository if such change or addition had been in -
cluded 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


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

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 60 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


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Topic: Property Law - Real Property | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

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


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Difficulty: intermediate | Document Type: educational

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).
§ 2113. DEPOSITORY FOR AGREEMENTS
BETWEEN STATES
The Archivist may receive duplicate originals or
authenticated copies of agreements or compacts entered
into under the Constitution and laws of the United
States, between States of the Union, and take necessary
actions for their preservation and servicing.
§ 2114.  PRESERVATION OF AUDIO AND
VISUAL RECORDS
The Archivist may make and preserve audio and visual
records, including motion-picture films, still photographs,
and sound recordings, in analog, digital, or any other form,
pertaining to and illustrative of the historical development
of the United States Government and its activities, and
provide for preparing, editing, titling, scoring, processing,


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Difficulty: advanced | Document Type: educational

duplicating, reproducing, exhibiting, and releasing for
non-profit educational purposes, motion-picture films,
still photographs, and sound recordings in the Archivist’s
custody .
§ 2115. REPORTS; CORRECTION OF
VIOLATIONS
(a) In carrying out the duties and responsibilities under
[Page 48]
BASIC LAWS and AUTHORITIES  | 39	chapters 21, 25, 29, 31, and 33 of this title, the Archi -
vist may obtain reports from any Federal agency on such
agency’s activities under such chapters.
(b) When the Archivist finds that a provision of any
such chapter has been or is being violated, the Archivist
shall (1) inform in writing the head of the agency con -
cerned of the violation and make recommendations for its
correction; and (2) unless satisfactory corrective measures
are demonstrably commenced within a reasonable time,
submit a written report of the matter to the President and
the Congress.
§ 2116.  LEGAL STATUS OF REPRODUCTIONS;
OFFICIAL SEAL; FEES FOR COPIES AND
REPRODUCTIONS


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(a) When records that are required by statute to be
retained indefinitely have been reproduced by pho -
tographic, microphotographic, digital, or other pro -
cesses, in accordance with standards established by the
Archivist the indefinite retention by the photograph -
ic, 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 un -
der 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 Ar -
chives of the United States which shall be judicially no -
ticed. 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 ad -
mitted in evidence equally with the original from which
it was made.


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(c) The Archivist may charge a fee set to recover the
costs for making or authenticating copies or reproduc -
tions 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 T rust 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.
§ 2117.  LIMITATION ON LIABILITY
When letters and other intellectual productions (exclusive
of patented material, published works under copyright
protection, and unpublished works for which copyright


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registration has been made) come into the custody or
possession of the Archivist, the United States or its agents
are not liable for infringement of copyright or analogous
rights arising out of use of the materials for display,
inspection, research, reproduction, or other purposes.
§ 2118. RECORDS OF CONGRESS
The Secretary of the Senate and the Clerk of the House of
Representatives, acting jointly, shall obtain at the close of
each Congress all the noncurrent records of the Congress
and of each congressional committee and transfer them
to the National Archives and Records Administration for
preservation, subject to the orders of the Senate or the
House of Representatives, respectively.
§ 2119. COOPERATIVE AGREEMENTS
(a) Authority – The Archivist may enter into coopera -
tive agreements pursuant to section 6305 of title 31 that
involve the transfer of funds from the National Archives
and Records Administration to State and local govern -
ments, other public entities, educational institutions, or


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private nonprofit organizations (including foundations
or institutes organized to support the National Archives
and Records Administration or the Presidential archival
depositories operated by it) for the public purpose of car -
rying out programs of the National Archives and Records
Administration.
(b) Limitations – Not more than $25,000 may be
transferred under a cooperative agreement entered into
as authorized by subsection (a). Not more than a total
of $75,000 may be transferred under such agreements in
any fiscal year.
(c) Report – Not later than December 31st of each year,
the Archivist shall submit to the Committee on Gov -
ernment Reform of the House of Representatives and
the Committee on Governmental Affairs of the Senate a
report on the provisions, amount, and duration of each
cooperative agreement entered into as authorized by sub -
section (a) during the preceding fiscal year.
[Page 49]
40 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 41	§ 2120. ONLINE ACCESS OF FOUNDING


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FATHERS DOCUMENTS
The Archivist may enter into a cooperative agreement to pro -
vide online access to the published volumes of the papers of—
(1) George Washington;
(2) Alexander Hamilton;(3) Thomas Jefferson;
(4) Benjamin Franklin;
(5) John Adams;
(6) James Madison; and
(7) other prominent historical figures, as determined
appropriate by the Archivist of the United States.
PRESIDENTIAL RECORDS
(44 U.S.C. Chapter 22)
Sec.
2201. Definitions.
2202. Ownership of Presidential records.
2203. Management and custody of Presidential records.
2204. Restrictions on access to Presidential records.
2205. Exceptions to restriction on access.1 1
2206. Regulations.
2207. Vice-Presidential records.
2208.  Claims of constitutionally based privilege against
disclosure
2209.  Disclosure requirement for official business
conducted using non-official electronic messaging
accounts
§ 2201. DEFINITIONS
As used in this chapter—
(1) The term “documentary material” means all books,
correspondence, memoranda, documents, papers, pam -


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phlets, works of art, models, pictures, photographs, plats,
maps, films, and motion pictures, including, but not lim -
ited to, audio and visual records, or other electronic or
mechanical recordations, whether in analog, digital, or
any other form.
(2) The term “Presidential records” means documenta -
ry materials, or any reasonably segregable portion thereof,
created or received by the President, the President’s imme -
diate staff, or a unit or individual of the Executive Office
of the President whose function is to advise or assist the
President, in the course of conducting activities which
relate to or have an effect upon the carrying out of the
constitutional, statutory, or other official or ceremonial
duties of the President. Such term—
1 So in original. Does not conform to section catchline.(A) includes any documentary materials relating to the
political activities of the President or members of the Pres -
ident’s staff, but only if such activities relate to or have a


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direct effect upon the carrying out of constitutional, stat -
utory, or other official or ceremonial duties of the Presi -
dent; but
(B) does not include any documentary materials that
are (i) official records of an agency (as defined in sec -
tion 552(e)1 of title 5, United States Code); (ii) personal
records; (iii) stocks of publications and stationery; or (iv)
extra copies of documents produced only for convenience
of reference, when such copies are clearly so identified.
(3) The term “personal records” means all documentary
materials, or any reasonably segregable portion therof,2of
a purely private or nonpublic character which do not re -
late to or have an effect upon the carrying out of the con -
stitutional, statutory, or other official or ceremonial duties
of the President. Such term includes—
(A) diaries, journals, or other personal notes serving as
the functional equivalent of a diary or journal which are
not prepared or utilized for, or circulated or communi -


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cated in the course of, transacting Government business;
(B) materials relating to private political associations,
and having no relation to or direct effect upon the car -
rying out of constitutional, statutory, or other official or
ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own
election to the office of the Presidency; and materials di -
rectly relating to the election of a particular individual or
individuals to Federal, State, or local office, which have
no relation to or direct effect upon the carrying out of
constitutional, statutory, or other official or ceremonial
duties of the President.
[Page 50]
BASIC LAWS and AUTHORITIES  | 41	(4) The term “Archivist” means the Archivist of the
United States.
(5) The term “former President”, when used with re -
spect to Presidential records, means the former President
during whose term or terms of office such Presidential re -
cords were created.
§ 2202.  OWNERSHIP OF PRESIDENTIAL
RECORDS


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The United States shall reserve and retain complete
ownership, possession, and control of Presidential records;
and such records shall be administered in accordance with
the provisions of this chapter.
§ 2203. MANAGEMENT AND CUSTODY OF
PRESIDENTIAL RECORDS
(a) Through the implementation of records manage -
ment controls and other necessary actions, the President
shall take all such steps as may be necessary to assure that
the activities, deliberations, decisions, and policies that
reflect the performance of the President’s constitutional,
statutory, or other official or ceremonial duties are ade -
quately documented and that such records are preserved
and maintained as Presidential records pursuant to the
requirements of this section and other provisions of law.
(b) Documentary materials produced or received by
the President, the President’s staff, or units or individu -
als in the Executive Office of the President the function
of which is to advise or assist the President, shall, to the


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extent practicable, be categorized as Presidential records
or personal records upon their creation or receipt and be
filed separately.
(c) During the President’s term of office, the President
may dispose of those Presidential records of such Presi -
dent that no longer have administrative, historical, infor -
mational, or evidentiary value if—
(1) the President obtains the views, in writing, of
the Archivist concerning the proposed disposal of such
Presidential records; and
(2) the Archivist states that the Archivist does not intend
to take any action under subsection (e) of this section.
(d) In the event the Archivist notifies the President un -
der subsection (c) that the Archivist does intend to take
action under subsection (e), the President may dispose of
such Presidential records if copies of the disposal sched -
ule are submitted to the appropriate Congressional Com -mittees at least 60 calendar days of continuous session of
Congress in advance of the proposed disposal date. For


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the purpose of this section, continuity of session is broken
only by an adjournment of Congress sine die, and the
days on which either House is not in session because of an
adjournment of more than three days to a day certain are
excluded in the computation of the days in which Con -
gress is in continuous session.
(e) The Archivist shall request the advice of the Com -
mittee on Rules and Administration and the Committee
on Governmental Affairs of the Senate and the Commit -
tee on House Oversight and the Committee on Govern -
ment Operations of the House of Representatives with
respect to any proposed disposal of Presidential records
whenever the Archivist considers that—
(1) these particular records may be of special interest to
the Congress; or
(2) consultation with the Congress regarding the dis -
posal of these particular records is in the public interest.
(f) During a President’s term of office, the Archivist
may maintain and preserve Presidential records on behalf


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of the President, including records in digital or electronic
form. The President shall remain exclusively responsible
for custody, control, and access to such Presidential re -
cords. The Archivist may not disclose any such records,
except under direction of the President, until the conclu -
sion of a President’s term of office, if a President serves
consecutive terms upon the conclusion of the last term,
or such other period provided for under section 2204 of
this title.
(g)(1) Upon the conclusion of a President’s term of of -
fice, or if a President serves consecutive terms upon the
conclusion of the last term, the Archivist of the United
States shall assume responsibility for the custody, control,
and preservation of, and access to, the Presidential records
of that President. The Archivist shall have an affirmative
duty to make such records available to the public as rap -
idly and completely as possible consistent with the provi -
sions of this chapter.


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(2) The Archivist shall deposit all such Presidential
records in a Presidential archival depository or another
archival facility operated by the United States. The Archi -
vist is authorized to designate, after consultation with the
former President, a director at each depository or facility,
who shall be responsible for the care and preservation of
such records.
[Page 51]
42 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 43	(3) The Archivist is authorized to dispose of such Pres -
idential records which the Archivist has appraised and
determined to have insufficient administrative, histori -
cal, informational, or evidentiary value to warrant their
continued preservation. Notice of such disposal shall be
published in the Federal Register at least 60 days in ad -
vance of the proposed disposal date. Publication of such
notice shall constitute a final agency action for purposes
of review under chapter 7 of title 5, United States Code.
§ 2204. RESTRICTIONS ON ACCESS TO
PRESIDENTIAL RECORDS


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(a) Prior to the conclusion of a President’s term of office
or last consecutive term of office, as the case may be, the
President shall specify durations, not to exceed 12 years,
for which access shall be restricted with respect to infor -
mation, in a Presidential record, within one or more of
the following categories:
(1)(A) specifically authorized under criteria established
by an Executive order to be kept secret in the interest of
national defense or foreign policy and (B) in fact properly
classified pursuant to such Executive order;
(2) relating to appointments to Federal office;
(3) specifically exempted from disclosure by statute
(other than sections 552 and 552b of title 5, United States
Code), provided that such statute (A) requires that the
material be withheld from the public in such a manner
as to leave no discretion on the issue, or (B) establishes
particular criteria for withholding or refers to particular
types of material to be withheld;


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(4) trade secrets and commercial or financial informa -
tion obtained from a person and privileged or confiden -
tial;
(5) confidential communications requesting or submit -
ting advice, between the President and the President’s ad -
visers, or between such advisers; or
(6) personnel and medical files and similar files the dis -
closure of which would constitute a clearly unwarranted
invasion of personal privacy.
(b)(1) Any Presidential record or reasonably segregable
portion thereof containing information within a category
restricted by the President under subsection (a) shall be
so designated by the Archivist and access thereto shall be
restricted until the earlier of—
(A)(i) the date on which the former President waives
the restriction on disclosure of such record, or(ii) the expiration of the duration specified under sub -
section (a) for the category of information on the basis
of which access to such record has been restricted; or
(B) upon a determination by the Archivist that such


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record or reasonably segregable portion thereof, or of any
significant element or aspect of the information contained
in such record or reasonably segregable portion thereof,
has been placed in the public domain through publication
by the former President, or the President’s agents.
(2) Any such record which does not contain informa -
tion within a category restricted by the President under
subsection (a), or contains information within such a
category for which the duration of restricted access has
expired, shall be exempt from the provisions of subsection
(c) until the earlier of—
(A) the date which is 5 years after the date on which
the Archivist obtains custody of such record pursuant to
section 2203(d)(1);  or
(B) the date on which the Archivist completes the pro -
cessing and organization of such records or integral file
segment thereof.
(3) During the period of restricted access specified pur -
suant to subsection (b)(1), the determination whether


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access to a Presidential record or reasonably segregable
portion thereof shall be restricted shall be made by the
Archivist, in the Archivist’s discretion, after consultation
with the former President, and, during such period, such
determinations shall not be subject to judicial review,
except as provided in subsection (e) of this section. The
Archivist shall establish procedures whereby any person
denied access to a Presidential record because such record
is restricted pursuant to a determination made under this
paragraph, may file an administrative appeal of such de -
termination. Such procedures shall provide for a written
determination by the Archivist or the Archivist’s designee,
within 30 working days after receipt of such an appeal,
setting forth the basis for such determination.
(c)(1) Subject to the limitations on access imposed pur -
suant to subsections (a) and (b), Presidential records shall
be administered in accordance with section 552 of title 5,


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United States Code, except that paragraph (b)(5) of that
section shall not be available for purposes of withhold -
ing any Presidential record, and for the purposes of such
section such records shall be deemed to be records of the
National Archives and Records Administration. Access to
such records shall be granted on nondiscriminatory terms.
[Page 52]
BASIC LAWS and AUTHORITIES  | 43	(2) Nothing in this Act shall be construed to confirm,
limit, or expand any constitutionally-based privilege
which may be available to an incumbent or former Pres -
ident.
(d) Upon the death or disability of a President or for -
mer President, any discretion or authority the President or
former President may have had under this chapter, except
section 2208, shall be exercised by the Archivist unless
otherwise previously provided by the President or former
President in a written notice to the Archivist.
(e) The United States District Court for the District
of Columbia shall have jurisdiction over any action initi -


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ated by the former President asserting that a determina -
tion made by the Archivist violates the former President’s
rights or privileges.
(f) The Archivist shall not make available any original
Presidential records to any individual claiming access to
any Presidential record as a designated representative un -
der section 2205(3) of this title if that individual has been
convicted of a crime relating to the review, retention, re -
moval, or destruction of records of the Archives.
§ 2205. EXCEPTIONS TO RESTRICTED ACCESS
Notwithstanding any restrictions on access imposed
pursuant to sections 2204 and 2208 of this title—
(1) the Archivist and persons employed by the Nation -
al Archives and Records Administration who are engaged
in the performance of normal archival work shall be per -
mitted access to Presidential records in the custody of the
Archivist;
(2) subject to any rights, defenses, or privileges which
the United States or any agency or person may invoke,


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Presidential records shall be made available—
(A) pursuant to subpoena or other judicial process is -
sued by a court of competent jurisdiction for the purposes
of any civil or criminal investigation or proceeding;
(B) to an incumbent President if such records contain
information that is needed for the conduct of current
business of the incumbent President’s office and that is
not otherwise available; and
(C) to either House of Congress, or, to the extent of
matter within its jurisdiction, to any committee or sub -
committee thereof if such records contain information
that is needed for the conduct of its business and that is
not otherwise available; and
(3) the Presidential records of a former President shall be available to such former President or the former
President’s designated representative.
§ 2206. REGULATIONS
The Archivist shall promulgate in accordance with section
553 of title 5, United States Code, regulations necessary to
carry out the provisions of this chapter. Such regulations


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shall include—
(1) provisions for advance public notice and description
of any Presidential records scheduled for disposal pursu -
ant to section 2203(f)(3);
(2) provisions for providing notice to the former Pres -
ident when materials to which access would otherwise
be restricted pursuant to section 2204(a) are to be made
available in accordance with section 2205(2);
(3) provisions for notice by the Archivist to the former
President when the disclosure of particular documents
may adversely affect any rights and privileges which the
former President may have; and
(4) provisions for establishing procedures for consulta -
tion between the Archivist and appropriate Federal agen -
cies regarding materials which may be subject to section
552(b)(7) of title 5, United States Code.
§ 2207. VICE-PRESIDENTIAL RECORDS
Vice-Presidential records shall be subject to the provisions
of this chapter in the same manner as Presidential records.
The duties and responsibilities of the Vice President,


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with respect to Vice-Presidential records, shall be the
same as the duties and responsibilities of the President
under this chapter, except section 2208, with respect to
Presidential records. The authority of the Archivist with
respect to Vice-Presidential records shall be the same as
the authority of the Archivist under this chapter with
respect to Presidential records, except that the Archivist
may, when the Archivist determines that it is in the public
interest, enter into an agreement for the deposit of Vice-
Presidential records in a non-Federal archival depository.
Nothing in this chapter shall be construed to authorize
the establishment of separate archival depositories for
such Vice-Presidential records.
§ 2208. CLAIMS OF CONSTITUTIONALLY
BASED PRIVILEGE AGAINST DISCLOSURE
(a)(1) When the Archivist determines under this chap -
ter to make available to the public any Presidential record
[Page 53]


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44 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 45	that has not previously been made available to the public,
the Archivist shall—
(A) promptly provide notice of such determination to—
(i) the former President during whose term of office the
record was created; and
(ii) the incumbent President; and
(B) make the notice available to the public.
(2) The notice under paragraph (1)—
(A) shall be in writing; and
(B) shall include such information as may be prescribed
in regulations issued by the Archivist.
(3)(A) Upon the expiration of the 60-day period (ex -
cepting Saturdays, Sundays, and legal public holidays)
beginning on the date the Archivist provides notice under
paragraph (1)(A), the Archivist shall make available to the
public the Presidential record covered by the notice, ex -
cept any record (or reasonably segregable part of a record)
with respect to which the Archivist receives from a former
President or the incumbent President notification of a


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claim of constitutionally based privilege against disclosure
under subsection (b).
(B) A former President or the incumbent President
may extend the period under subparagraph (A) once for
not more than 30 additional days (excepting Saturdays,
Sundays, and legal public holidays) by filing with the Ar -
chivist a statement that such an extension is necessary to
allow an adequate review of the record.
(C) Notwithstanding subparagraphs (A) and (B), if the
60-day period under subparagraph (A), or any extension
of that period under subparagraph (B), would other -
wise expire during the 6-month period after the incum -
bent President first takes office, then that 60-day period
or extension, respectively, shall expire at the end of that
6-month period.
(b)(1) For purposes of this section, the decision to as -
sert any claim of constitutionally based privilege against
disclosure of a Presidential record (or reasonably segrega -
ble part of a record) must be made personally by a former


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President or the incumbent President, as applicable.
(2) A former President or the incumbent President shall
notify the Archivist, the Committee on Oversight and
Government Reform of the House of Representatives,
and the Committee on Homeland Security and Govern -
mental Affairs of the Senate of a privilege claim under
paragraph (1) on the same day that the claim is asserted
under such paragraph.(c)(1) If a claim of constitutionally based privilege
against disclosure of a Presidential record (or reasonably
segregable part of a record) is asserted under subsection
(b) by a former President, the Archivist shall consult with
the incumbent President, as soon as practicable during
the period specified in paragraph (2)(A), to determine
whether the incumbent President will uphold the claim
asserted by the former President.
(2)(A) Not later than the end of the 30-day period be -
ginning on the date on which the Archivist receives noti -
fication from a former President of the assertion of a claim


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of constitutionally based privilege against disclosure, the
Archivist shall provide notice to the former President and
the public of the decision of the incumbent President un -
der paragraph (1) regarding the claim.
(B) If the incumbent President upholds the claim of
privilege asserted by the former President, the Archivist
shall not make the Presidential record (or reasonably
segregable part of a record) subject to the claim publicly
available unless—
(i) the incumbent President withdraws the decision
upholding the claim of privilege asserted by the former
President; or
(ii) the Archivist is otherwise directed by a final court
order that is not subject to appeal.
(C) If the incumbent President determines not to up -
hold the claim of privilege asserted by the former Presi -
dent, or fails to make the determination under paragraph
(1) before the end of the period specified in subparagraph
(A), the Archivist shall release the Presidential record sub -