-CITE-

44 USC CHAPTER 22 - PRESIDENTIAL RECORDS 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

CHAPTER 22 - PRESIDENTIAL RECORDS

-MISC1-

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)

2206. Regulations.

2207. Vice-Presidential records.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2107, 2112 of this title.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

44 USC Sec. 2201 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2201. Definitions

-STATUTE-

As used in this chapter -

(1) The term "documentary material" means all books,

correspondence, memorandums, documents, papers, pamphlets, works

of art, models, pictures, photographs, plats, maps, films, and

motion pictures, including, but not limited to, audio,

audiovisual, or other electronic or mechanical recordations.

(2) The term "Presidential records" means documentary

materials, or any reasonably segregable portion thereof, created

or received by the President, his immediate staff, or a unit or

individual of the Executive Office of the President whose

function is to advise and 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 his 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.

(3) The term "personal records" means all documentary

materials, or any reasonably segregable portion therof,(!2) of

a purely private or nonpublic character which do not 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 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 communicated in the

course of, transacting Government business;

(B) materials relating to private political associations, and

having no relation to or direct effect upon the carrying 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

directly 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.

(4) The term "Archivist" means the Archivist of the United

States.

(5) The term "former President", when used with respect to

Presidential records, means the former President during whose

term or terms of office such Presidential records were created.

-SOURCE-

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2523.)

-REFTEXT-

REFERENCES IN TEXT

Section 552(e) of title 5, referred to in par. (2)(B)(i), was

redesignated section 552(f) of title 5 by section 1802(b) of Pub.

L. 99-570.

-MISC1-

EFFECTIVE DATE

Section 3 of Pub. L. 95-591 provided that: "The amendments made

by this Act [enacting this chapter, amending sections 2111 and 2112

of this title, and enacting provisions set out as notes under this

section] shall be effective with respect to any Presidential

records (as defined in section 2201(2) of title 44, as amended by

section 2 of this Act) created during a term of office of the

President beginning on or after January 20, 1981."

SHORT TITLE OF 1978 AMENDMENT

For short title of Pub. L. 95-591, which enacted this chapter, as

the "Presidential Records Act of 1978", see section 1 of Pub. L.

95-591, set out as a note under section 101 of this title.

SEPARABILITY

Section 4 of Pub. L. 95-591 provided that: "If any provision of

this Act [enacting this chapter, amending sections 2107 and 2108 of

this title and enacting provisions set out as notes under this

section] is held invalid for any reason by any court, the validity

and legal effect of the remaining provisions shall not be affected

thereby."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2108 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "thereof,".

-End-

-CITE-

44 USC Sec. 2202 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2202. Ownership of Presidential records

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2524.)

-End-

-CITE-

44 USC Sec. 2203 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2203. Management and custody of Presidential records

-STATUTE-

(a) Through the implementation of records management 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 his

constitutional, statutory, or other official or ceremonial duties

are adequately documented and that such records are 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,

his staff, or units or individuals in the Executive Office of the

President the function of which is to advise and assist the

President, shall, to the extent practicable, be categorized as

Presidential records or personal records upon their creation or

receipt and be filed separately.

(c) During his term of office, the President may dispose of those

of his Presidential records that no longer have administrative,

historical, informational, 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 he does not intend to take any

action under subsection (e) of this section.

(d) In the event the Archivist notifies the President under

subsection (c) that he does intend to take action under subsection

(e), the President may dispose of such Presidential records if

copies of the disposal schedule are submitted to the appropriate

Congressional Committees at least 60 calendar days of continuous

session of Congress in advance of the proposed disposal date. For

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 Congress is in continuous session.

(e) The Archivist shall request the advice of the Committee on

Rules and Administration and the Committee on Governmental Affairs

of the Senate and the Committee on House Oversight and the

Committee on Government Operations of the House of Representatives

with respect to any proposed disposal of Presidential records

whenever he considers that -

(1) these particular records may be of special interest to the

Congress; or

(2) consultation with the Congress regarding the disposal of

these particular records is in the public interest.

(f)(1) Upon the conclusion of a President's term of office, 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 rapidly and completely as possible

consistent with the provisions of this Act.

(2) The Archivist shall deposit all such Presidential records in

a Presidential archival depository or another archival facility

operated by the United States. The Archivist 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.

(3) The Archivist is authorized to dispose of such Presidential

records which he has appraised and determined to have insufficient

administrative, historical, 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 advance 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.

-SOURCE-

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2524;

amended Pub. L. 104-186, title II, Sec. 223(9), Aug. 20, 1996, 110

Stat. 1752.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (f)(1), probably means Pub. L.

95-591, Nov. 4, 1978, 92 Stat. 2523, known as the Presidential

Records Act of 1978, which enacted this chapter, amended sections

2107 and 2108 of this title, and enacted provisions set out as

notes under section 2201 of this title. For complete classification

of this Act to the Code, see Short Title of 1978 Amendment note set

out under section 101 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-186 substituted "House Oversight"

for "House Administration".

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-EXEC-

CLASSIFIED NATIONAL SECURITY INFORMATION

For provisions authorizing Archivist to review, downgrade, and

declassify information of former Presidents under control of

Archivist pursuant to this section, see Ex. Ord. No. 12958, Sec.

3.6(b)(4), Apr. 17, 1995, 60 F.R. 19835, set out as a note under

section 435 of Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2105, 2204, 2206 of this

title.

-End-

-CITE-

44 USC Sec. 2204 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2204. Restrictions on access to Presidential records

-STATUTE-

(a) Prior to the conclusion of his 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 information, 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;

(4) trade secrets and commercial or financial information

obtained from a person and privileged or confidential;

(5) confidential communications requesting or submitting

advice, between the President and his advisers, or between such

advisers; or

(6) personnel and medical files and similar files the

disclosure 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 subsection

(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 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 his

agents.

(2) Any such record which does not contain information 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 processing

and organization of such records or integral file segment

thereof.

(3) During the period of restricted access specified pursuant to

subsection (b)(1), the determination whether access to a

Presidential record or reasonably segregable portion thereof shall

be restricted shall be made by the Archivist, in his 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 determination. Such procedures shall

provide for a written determination by the Archivist or his

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 pursuant to

subsections (a) and (b), Presidential records shall be administered

in accordance with section 552 of title 5, United States Code,

except that paragraph (b)(5) of that section shall not be available

for purposes of withholding 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.

(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 President.

(d) Upon the death or disability of a President or former

President, any discretion or authority the President or former

President may have had under this chapter 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 initiated by the former

President asserting that a determination made by the Archivist

violates the former President's rights or privileges.

-SOURCE-

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2525;

amended Pub. L. 98-497, title I, Sec. 107(b)(7), Oct. 19, 1984, 98

Stat. 2287.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c)(2), probably means Pub. L.

95-591, Nov. 4, 1978, 92 Stat. 2523, known as the Presidential

Records Act of 1978, which enacted this chapter, amended sections

2107 and 2108 of this title, and enacted provisions set out as

notes under section 2201 of this title. For complete classification

of this Act to the Code, see Short Title of 1978 Amendment note set

out under section 101 of this title and Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(1). Pub. L. 98-497 substituted "National

Archives and Records Administration" for "National Archives and

Records Service of the General Services Administration".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-EXEC-

EXECUTIVE ORDER NO. 12667

Ex. Ord. No. 12667, Jan. 18, 1989, 54 F.R. 3403, which

established policies and procedures governing the assertion of

Executive privilege by incumbent and former Presidents in

connection with the release of Presidential records by the National

Archives and Records Administration pursuant to this chapter, was

revoked by Ex. Ord. No. 13233, Sec. 13, Nov. 1, 2001, 66 F.R.

56029, set out below.

EX. ORD. NO. 13233. FURTHER IMPLEMENTATION OF THE PRESIDENTIAL

RECORDS ACT

Ex. Ord. No. 13233, Nov. 1, 2001, 66 F.R. 56025, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

establish policies and procedures implementing section 2204 of

title 44 of the United States Code with respect to constitutionally

based privileges, including those that apply to Presidential

records reflecting military, diplomatic, or national security

secrets, Presidential communications, legal advice, legal work, or

the deliberative processes of the President and the President's

advisors, and to do so in a manner consistent with the Supreme

Court's decisions in Nixon v. Administrator of General Services,

433 U.S. 425 (1977), and other cases, it is hereby ordered as

follows:

Section 1. Definitions.

For purposes of this order:

(a) "Archivist" refers to the Archivist of the United States or

his designee.

(b) "Presidential records" refers to those documentary materials

maintained by the National Archives and Records Administration

pursuant to the Presidential Records Act [of 1978], 44 U.S.C.

2201-2207.

(c) "Former President" refers to the former President during

whose term or terms of office particular Presidential records were

created.

Sec. 2. Constitutional and Legal Background.

(a) For a period not to exceed 12 years after the conclusion of a

Presidency, the Archivist administers records in accordance with

the limitations on access imposed by section 2204 of title 44.

After expiration of that period, section 2204(c) of title 44

directs that the Archivist administer Presidential records in

accordance with section 552 of title 5, the Freedom of Information

Act, including by withholding, as appropriate, records subject to

exemptions (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8),

and (b)(9) of section 552. Section 2204(c)(1) of title 44 provides

that exemption (b)(5) of section 552 is not available to the

Archivist as a basis for withholding records, but section

2204(c)(2) recognizes that the former President or the incumbent

President may assert any constitutionally based privileges,

including those ordinarily encompassed within exemption (b)(5) of

section 552. The President's constitutionally based privileges

subsume privileges for records that reflect: military, diplomatic,

or national security secrets (the state secrets privilege);

communications of the President or his advisors (the presidential

communications privilege); legal advice or legal work (the

attorney-client or attorney work product privileges); and the

deliberative processes of the President or his advisors (the

deliberative process privilege).

(b) In Nixon v. Administrator of General Services, the Supreme

Court set forth the constitutional basis for the President's

privileges for confidential communications: "Unless [the President]

can give his advisers some assurance of confidentiality, a

President could not expect to receive the full and frank

submissions of facts and opinions upon which effective discharge of

his duties depends." 433 U.S. at 448-49. The Court cited the

precedent of the Constitutional Convention, the records of which

were "sealed for more than 30 years after the Convention." Id. at

447 n.11. Based on those precedents and principles, the Court ruled

that constitutionally based privileges available to a President

"survive the individual President's tenure." Id. at 449. The Court

also held that a former President, although no longer a Government

official, may assert constitutionally based privileges with respect

to his Administration's Presidential records, and expressly

rejected the argument that "only an incumbent President can assert

the privilege of the Presidency." Id. at 448.

(c) The Supreme Court has held that a party seeking to overcome

the constitutionally based privileges that apply to Presidential

records must establish at least a "demonstrated, specific need" for

particular records, a standard that turns on the nature of the

proceeding and the importance of the information to that

proceeding. See United States v. Nixon, 418 U.S. 683, 713 (1974).

Notwithstanding the constitutionally based privileges that apply to

Presidential records, many former Presidents have authorized

access, after what they considered an appropriate period of repose,

to those records or categories of records (including otherwise

privileged records) to which the former Presidents or their

representatives in their discretion decided to authorize access.

See Nixon v. Administrator of General Services, 433 U.S. at 450-51.

Sec. 3. Procedure for Administering Privileged Presidential

Records.

Consistent with the requirements of the Constitution and the

Presidential Records Act, the Archivist shall administer

Presidential records under section 2204(c) of title 44 in the

following manner:

(a) At an appropriate time after the Archivist receives a request

for access to Presidential records under section 2204(c)(1), the

Archivist shall provide notice to the former President and the

incumbent President and, as soon as practicable, shall provide the

former President and the incumbent President copies of any records

that the former President and the incumbent President request to

review.

(b) After receiving the records he requests, the former President

shall review those records as expeditiously as possible, and for no

longer than 90 days for requests that are not unduly burdensome.

The Archivist shall not permit access to the records by a requester

during this period of review or when requested by the former

President to extend the time for review.

(c) After review of the records in question, or of any other

potentially privileged records reviewed by the former President,

the former President shall indicate to the Archivist whether the

former President requests withholding of or authorizes access to

any privileged records.

(d) Concurrent with or after the former President's review of the

records, the incumbent President or his designee may also review

the records in question, or may utilize whatever other procedures

the incumbent President deems appropriate to decide whether to

concur in the former President's decision to request withholding of

or authorize access to the records.

(1) When the former President has requested withholding of the

records:

(i) If under the standard set forth in section 4 below, the

incumbent President concurs in the former President's decision to

request withholding of records as privileged, the incumbent

President shall so inform the former President and the Archivist.

The Archivist shall not permit access to those records by a

requester unless and until the incumbent President advises the

Archivist that the former President and the incumbent President

agree to authorize access to the records or until so ordered by a

final and nonappealable court order.

(ii) If under the standard set forth in section 4 below, the

incumbent President does not concur in the former President's

decision to request withholding of the records as privileged, the

incumbent President shall so inform the former President and the

Archivist. Because the former President independently retains the

right to assert constitutionally based privileges, the Archivist

shall not permit access to the records by a requester unless and

until the incumbent President advises the Archivist that the

former President and the incumbent President agree to authorize

access to the records or until so ordered by a final and

nonappealable court order.

(2) When the former President has authorized access to the

records:

(i) If under the standard set forth in section 4 below, the

incumbent President concurs in the former President's decision to

authorize access to the records, the Archivist shall permit

access to the records by the requester.

(ii) If under the standard set forth in section 4 below, the

incumbent President does not concur in the former President's

decision to authorize access to the records, the incumbent

President may independently order the Archivist to withhold

privileged records. In that instance, the Archivist shall not

permit access to the records by a requester unless and until the

incumbent President advises the Archivist that the former

President and the incumbent President agree to authorize access

to the records or until so ordered by a final and nonappealable

court order.

Sec. 4. Concurrence by Incumbent President.

Absent compelling circumstances, the incumbent President will

concur in the privilege decision of the former President in

response to a request for access under section 2204(c)(1). When the

incumbent President concurs in the decision of the former President

to request withholding of records within the scope of a

constitutionally based privilege, the incumbent President will

support that privilege claim in any forum in which the privilege

claim is challenged.

Sec. 5. Incumbent President's Right to Obtain Access.

This order does not expand or limit the incumbent President's

right to obtain access to the records of a former President

pursuant to section 2205(2)(B) [of title 44].

Sec. 6. Right of Congress and Courts to Obtain Access.

This order does not expand or limit the rights of a court, House

of Congress, or authorized committee or subcommittee of Congress to

obtain access to the records of a former President pursuant to

section 2205(2)(A) or section 2205(2)(C). With respect to such

requests, the former President shall review the records in question

and, within 21 days of receiving notice from the Archivist,

indicate to the Archivist his decision with respect to any

privilege. The incumbent President shall indicate his decision with

respect to any privilege within 21 days after the former President

has indicated his decision. Those periods may be extended by the

former President or the incumbent President for requests that are

burdensome. The Archivist shall not permit access to the records

unless and until the incumbent President advises the Archivist that

the former President and the incumbent President agree to authorize

access to the records or until so ordered by a final and

nonappealable court order.

Sec. 7. No Effect on Right to Withhold Records.

This order does not limit the former President's or the incumbent

President's right to withhold records on any ground supplied by the

Constitution, statute, or regulation.

Sec. 8. Withholding of Privileged Records During 12-Year Period.

In the period not to exceed 12 years after the conclusion of a

Presidency during which section 2204(a) and section 2204(b) of

title 44 apply, a former President or the incumbent President may

request withholding of any privileged records not already protected

from disclosure under section 2204. If the former President or the

incumbent President so requests, the Archivist shall not permit

access to any such privileged records unless and until the

incumbent President advises the Archivist that the former President

and the incumbent President agree to authorize access to the

records or until so ordered by a final and nonappealable court

order.

Sec. 9. Establishment of Procedures.

This order is not intended to indicate whether and under what

circumstances a former President should assert or waive any

privilege. The order is intended to establish procedures for former

and incumbent Presidents to make privilege determinations.

Sec. 10. Designation of Representative.

The former President may designate a representative (or series or

group of alternative representatives, as the former President in

his discretion may determine) to act on his behalf for purposes of

the Presidential Records Act and this order. Upon the death or

disability of a former President, the former President's designated

representative shall act on his behalf for purposes of the Act and

this order, including with respect to the assertion of

constitutionally based privileges. In the absence of any designated

representative after the former President's death or disability,

the family of the former President may designate a representative

(or series or group of alternative representatives, as they in

their discretion may determine) to act on the former President's

behalf for purposes of the Act and this order, including with

respect to the assertion of constitutionally based privileges.

Sec. 11. Vice Presidential Records.

(a) Pursuant to section 2207 of title 44 of the United States

Code, the Presidential Records Act applies to the executive records

of the Vice President. Subject to subsections (b) and (c), this

order shall also apply with respect to any such records that are

subject to any constitutionally based privilege that the former

Vice President may be entitled to invoke, but in the administration

of this order with respect to such records, references in this

order to a former President shall be deemed also to be references

to the relevant former Vice President.

(b) Subsection (a) shall not be deemed to authorize a Vice

President or former Vice President to invoke any constitutional

privilege of a President or former President except as authorized

by that President or former President.

(c) Nothing in this section shall be construed to grant, limit,

or otherwise affect any privilege of a President, Vice President,

former President, or former Vice President.

Sec. 12. Judicial Review.

This order is intended to improve the internal management of the

executive branch and is not intended to create any right or

benefit, substantive or procedural, enforceable at law by a party,

other than a former President or his designated representative,

against the United States, its agencies, its officers, or any

person.

Sec. 13. Revocation.

Executive Order 12667 of January 18, 1989, is revoked.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2205, 2206 of this title;

title 22 section 4352.

-End-

-CITE-

44 USC Sec. 2205 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2205. Exceptions to restricted access

-STATUTE-

Notwithstanding any restrictions on access imposed pursuant to

section 2204 -

(1) the Archivist and persons employed by the National Archives

and Records Administration who are engaged in the performance of

normal archival work shall be permitted 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, Presidential

records shall be made available -

(A) pursuant to subpena or other judicial process issued 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 his 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 subcommittee

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 his designated

representative.

-SOURCE-

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

amended Pub. L. 98-497, title I, Sec. 107(b)(7), Oct. 19, 1984, 98

Stat. 2287.)

-MISC1-

AMENDMENTS

1984 - Par. (1). Pub. L. 98-497 substituted "National Archives

and Records Administration" for "National Archives and Records

Service of the General Services Administration".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2206 of this title.

-End-

-CITE-

44 USC Sec. 2206 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2206. Regulations

-STATUTE-

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);

(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.

-SOURCE-

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

-End-

-CITE-

44 USC Sec. 2207 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 22 - PRESIDENTIAL RECORDS

-HEAD-

Sec. 2207. Vice-Presidential records

-STATUTE-

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, with respect to

Vice-Presidential records, shall be the same as the duties and

responsibilities of the President under this chapter 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.

-SOURCE-

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

-End-