44 U.S.C. § 2206

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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 shall include-

(1) provisions for advance public notice and description of any Presidential records scheduled for disposal pursuant to section 2203(f)(3); ¹

(2) provisions for providing notice to the former President 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 consultation between the Archivist and appropriate Federal agencies regarding materials which may be subject to section 552(b)(7) of title 5, United States Code.

¹ See References in Text note below.

44 U.S.C. § 2206

Added Pub. L. 95-591, §2(a), Nov. 4, 1978, 92 Stat. 2527.

EDITORIAL NOTES

REFERENCES IN TEXTSection 2203(f)(3), referred to in par. (1), was redesignated section 2203(g)(3) of this title by Pub. L. 113-187, §2(c)(3), Nov. 26, 2014, 128 Stat. 2006, and subsequently redesignated section 2203(g)(4) of this title by Pub. L. 114-136, §3(1), Mar. 18, 2016, 130 Stat. 305.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective with respect to Presidential records created during a term of office of President beginning on or after Jan. 20, 1981, see section 3 of Pub. L. 95-591 set out as a note under section 2201 of this title.

Archivist: The term "Archivist" means the Archivist of the United States.
Presidential records: The term "Presidential records" means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President's immediate 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-(A) includes any documentary materials relating to the political activities of the President or members of the President's staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 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.