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44 U.S.C. § 2206 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 2206 — Regulations

The Archivist shall promulgate in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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); 11 See References in Text note below. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/7&num=0&edition=prelim), United States Code.

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Source location: Title 44, Chapter 22, § 2206; chapter-022-presidential-records.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 2201 — Definitions

As used in this chapter— (1) The term “documentary material” means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited 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 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) 11 See References in Text note below. 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,22 So in original. Probably should be “thereof,”. of a purely private or nonpublic character which do not relate to or have a

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 2206 — Regulations

Page 109 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2206 1 See References in Text note below. appropriate review and consultation under subsection (a) of this section, may jointly determine that invoca- tion of executive privilege is not justified. The Archi- vist shall be notified promptly of any such determina- tion. (c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be pre- sented to the President by the Counsel to the President and the Attorney General. (d) If the President decides to invoke executive privi- lege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney Gen- eral in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privi- leged records unless directed to do so by an incumbent President or by a final court order. SEC. 4. Claim of Executive Privilege by Former President. (a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant At- torney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning the Archivist’s determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be in- voked by the incumbent President shall not prejudice the Archivist’s determination with respect to the former President’s claim

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