44 U.S.C. § 2206

Regulations

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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); 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, United States Code.(Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2527.)Editorial NotesReferences in Text

Section 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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2024 · leading case: Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021).
Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021). “]” 44 U.S.C. § 2206 (2)–(3). The Archivist promulgated those regulations in 1988.”
Trump v. Thompson (D.D.C. 2021). “44 U.S.C. § 2206 . Pursuant to those regulations, the Archivist must promptly notify both the former President as well as the incumbent President of a request for the former President’s records.”
In re: Search of Info. Stored at Twitter, Inc. [ORDER IN SLIP OPINION FORMAT] (D.C. Cir. 2024). “See 44 U.S.C. § 2206 (3). The Archivist must “promptly notif[y]” a former President if his records are subpoenaed or otherwise sought for “any civil or criminal investigation.”
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