44 U.S.C. § 2112 — Presidential archival depository

(a)(1) When the Archivist finds it in the public interest, the Archivist may: (A) accept for the United States land, a facility, and equipment offered as gifts for a Presidential archival depository; take title to them; and maintain, operate, and protect them as a depository and part of the national archives system; (B) agree with a State, local government, university, other higher-education institution, institute, or foundation to use its land, facility, and equipment as a depository without transferring title to the United States, and maintain, operate, and protect the depository as part of the national archives system; and (C) accept gifts for physical or material changes or additions to a depository.

(2) The Archivist must issue architectural and design standards so depositories preserve Presidential records covered by chapter 22 of this title and papers and other historical materials accepted under section 2111 of this title, and have adequate research facilities.

(3) Before accepting or taking title under subparagraph (A), entering an agreement under subparagraph (B), or entering another agreement to accept or establish a depository, the Archivist must send the Senate President pro tempore and the Speaker of the House a written report. The report must describe the offered land, facility, and equipment; state the estimated total cost and the subsection (g) endowment required; state any proposed agreement’s terms; generally describe the papers and other materials to be deposited and the deposit terms; describe additional improvements and equipment, their estimated costs, and how much any Federal or State agency will pay; estimate the United States’ yearly maintenance, operation, and protection cost; and certify compliance with the Archivist’s standards.

(4) Before accepting a gift for a physical or material change or addition, or carrying out a law requiring one, the Archivist must send a written report to those two congressional officers. It must describe the gift; state the estimated total cost and the subsection (g) endowment deposit needed for it; state its purpose and generally describe resulting deposits; describe related improvements or equipment; estimate the increase in yearly United States costs; and certify that the depository and its equipment will comply with the Archivist’s standards afterward.

(5) The Archivist may not take the listed actions until 60 days of continuous congressional session have expired after transmitting the applicable report.

(b) When the Archivist finds it in the public interest, the Archivist may deposit in a Presidential archival depository materials accepted under section 2111 of this title or Federal records suitable for preservation.

(c) When in the public interest, the Archivist may exercise in a depository all functions and responsibilities otherwise applicable to Federal records or other documentary materials in the Archivist’s custody or control. When negotiating deposits of Presidential historical materials, the Archivist must try to secure the Government’s continuous and permanent possession. Donors’ written restrictions, including a requirement that materials remain in a depository, must be honored for the stated period unless properly revoked or ended. Subject to those restrictions, the Archivist may sell, exchange, or otherwise dispose of materials found to have no permanent value or historical interest or to be surplus. For Presidential records defined in section 2201(2), only the first two sentences of this subsection apply.

(d) When in the public interest, the Archivist may cooperate with or help qualified organizations or individuals study or research materials in a depository.

(e) When in the public interest, the Archivist may charge reasonable fees to visit exhibit or museum space, or for occasional nonofficial use of rooms, spaces, and related services.

(f) When in the public interest, the Archivist may provide reasonable office space in a depository for a former President’s personal use.

(g)(1) When in the public interest, the Archivist may solicit and accept money or other property by gift or bequest to maintain, operate, protect, or improve a depository. Gifts, bequests, fees, and proceeds from sales of materials, copies, reproductions, catalogs, or other depository-related items must be paid into an account in the National Archives Trust Fund and used for the related depository and for the same purposes, including custodial and administrative services, for which appropriations could be used.

(2) The Archivist must establish a separate endowment in that Fund for maintaining each depository’s land, facility, and equipment. Gifts or bequests offered for that purpose must be credited to that endowment. Its income may pay facility operating costs, but may not pay archival functions under this title.

(3) The Archivist may accept or take title to a depository’s land, facility, or equipment, or enter an agreement to use them, only if the required endowment gift or bequest is available. The required amount is: 20 percent of the total cost of acquiring or constructing the facility and acquiring and installing its equipment; plus, if the United States will own the land, 20 percent of its acquisition cost or mutually agreed value, or, if it will not, 20 percent of the donor’s cost of other land improvements; plus, if the depository exceeds 70,000 square feet, the sum of the facility cost and applicable land amount multiplied by the percentage obtained by dividing the excess square feet by 70,000.

(4) If a change or addition increases facility operating costs, the Archivist may accept the gift or carry out the required change only if an additional endowment amount is available. That amount is the subsection (3) amount that would have been required if the change had existed when the depository was acquired or agreed upon, minus the amount required on that original date.

(5) For a depository for materials and records of a President first taking the oath on or after July 1, 2002, this paragraph controls over inconsistent parts of paragraphs (3) and (4). For the facility and equipment cost and applicable land cost percentages in paragraph (3), 60 percent replaces 20 percent. The “base endowment amount” is the paragraph (3) amount. The Archivist may credit up to 20 percent of that base amount for compliant construction or equipment expected to create measurable long-term operating savings. The Archivist must issue credit-calculation standards and consult all endowment donors. For a change or addition, the Archivist must count those credits and may grant similar credits, up to 20 percent of the additional endowment amount, for compliant features or equipment expected to create measurable long-term operating savings, using issued standards and consulting donors.