44 U.S.C. § 2207 — Vice-Presidential records

Page 110 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2207 cess would otherwise be restricted pursuant to section 2204(a) are to be made available in ac- cordance 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 appro- priate Federal agencies regarding materials which may be subject to section 552(b)(7) of title 5, United States Code. (Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2527.) Editorial Notes REFERENCES IN TEXT Section 2203(f)(3), referred to in par. (1), was redesig- nated 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 DATE Section 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. § 2207. Vice-Presidential records Vice-Presidential records shall be subject to the provisions of this chapter in the same man- ner as Presidential records. The duties and re- sponsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the Presi- dent under this chapter, except section 2208, with respect to Presidential records. The au- thority of the Archivist with respect to Vice- Presidential records shall be the same as the au- thority 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 au- thorize the establishment of separate archival depositories for such Vice-Presidential records. (Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2527; amended Pub. L. 113–187, § 2(a)(2)(C), Nov. 26, 2014, 128 Stat. 2005.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–187 inserted ‘‘, except section 2208,’’ after ‘‘chapter’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. CONSTRUCTION Pub. L. 113–187, § 2(a)(4), Nov. 26, 2014, 128 Stat. 2005, provided that: ‘‘Nothing in the amendment made by paragraph (2)(C) [amending this section] shall be con- strued to— ‘‘(A) affect the requirement of section 2207 of title 44, United States Code, that Vice Presidential records shall be subject to chapter 22 of that title in the same manner as Presidential records; or ‘‘(B) affect any claim of constitutionally based privilege by a President or former President with re- spect to a Vice Presidential record.’’ § 2208. Claims of constitutionally based privilege against disclosure (a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall— (A) promptly provide notice of such deter- mination 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 Archi- vist. (3)(A) Upon the expiration of the 60-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice under paragraph (1)(A), the Ar- chivist 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 incum- bent President notification of a claim of con- stitutionally based privilege against disclosure under subsection (b). (B) A former President or the incumbent President may extend the period under subpara- graph (A) once for not more than 30 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist 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 subpara- graph (B), would otherwise expire during the 6- month period after the incumbent President first takes office, then that 60-day period or ex- tension, respectively, shall expire at the end of that 6-month period. (b)(1) For purposes of this section, the decision to assert any claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) must be made personally by a former President or the incumbent President, as appli- cable. (2) A former President or the incumbent Presi- dent shall notify the Archivist, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under paragraph (1) on the same day that the claim is asserted under such paragraph.