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44 U.S.C. § 2205 (PUBLIC PRINTING AND DOCUMENTS)
§ 2205. Exceptions to restricted access
Notwithstanding any restrictions on access imposed pursuant to sections 2204 and 2208 of this title—
(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 subpoena 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 the incumbent President’s 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 the former President’s designated representative.
(Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2527; amended Pub. L. 98–497, title I, § 107(b)(7), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 113–187, §§ 2(a)(2)(B), 8(5), Nov. 26, 2014, 128 Stat. 2005, 2012.)
heading: Amendments
text: 2014—Pub. L. 113–187, § 2(a)(2)(B)(i), substituted “sections 2204 and 2208 of this title” for “section 2204” in introductory provisions.
Par. (2)(A). Pub. L. 113–187, § 2(a)(2)(B)(ii), substituted “subpoena” for “subpena”.
Par. (2)(B). Pub. L. 113–187, § 8(5)(A), substituted “the incumbent President’s” for “his”.
Par. (3). Pub. L. 113–187, § 8(5)(B), substituted “the former President’s” for “his”.
1984—Par. (1). Pub. L. 98–497 substituted “National Archives and Records Administration” for “National Archives and Records Service of the General Services Administration”.
heading: Effective Date of 1984 Amendment
text: 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.
heading: Effective Date
text: 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.
44 U.S.C. § 2206 (PUBLIC PRINTING AND DOCUMENTS)
§ 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.
(Added Pub. L. 95–591, § 2(a), Nov. 4, 1978, 92 Stat. 2527.)
heading: References in Text
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.
heading: Effective Date
text: 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.
44 U.S.C. § 2207 (PUBLIC PRINTING AND DOCUMENTS)
§ 2207. Vice-Presidential records
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, except section 2208, 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.
(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.)
heading: Amendments
text: 2014—Pub. L. 113–187 inserted “, except section 2208,” after “chapter” in second sentence.
heading: Effective Date
text: 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.
heading: Construction
text: 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 construed 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 respect to a Vice Presidential record.”
44 U.S.C. § 3508 (PUBLIC PRINTING AND DOCUMENTS)
§ 3508. Determination of necessity for information; hearing
Before approving a proposed collection of information, the Director shall determine whether the collection of information by the agency is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility. Before making a determination the Director may give the agency and other interested persons an opportunity to be heard or to submit statements in writing. To the extent, if any, that the Director determines that the collection of information by an agency is unnecessary for any reason, the agency may not engage in the collection of information.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 179.)
heading: Prior Provisions
text: A prior section 3508, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2821, related to determination of whether collection of information is necessary for proper performance of functions of agency prior to the general amendment of this chapter by Pub. L. 104–13.
Another prior section 3508, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1304, related to unlawful disclosure of information, penalties, and release of information to other agencies, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3510(b) of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3509 (PUBLIC PRINTING AND DOCUMENTS)
§ 3509. Designation of central collection agency
The Director may designate a central collection agency to obtain information for two or more agencies if the Director determines that the needs of such agencies for information will be adequately served by a single collection agency, and such sharing of data is not inconsistent with applicable law. In such cases the Director shall prescribe (with reference to the collection of information) the duties and functions of the collection agency so designated and of the agencies for which it is to act as agent (including reimbursement for costs). While the designation is in effect, an agency covered by the designation may not obtain for itself information for the agency which is the duty of the collection agency to obtain. The Director may modify the designation from time to time as circumstances require. The authority to designate under this section is subject to the provisions of section 3507(f) of this subchapter.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 180; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)
heading: Prior Provisions
text: A prior section 3509, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2821, related to designation of central collection agency prior to the general amendment of this chapter by Pub. L. 104–13.
Another prior section 3509, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1304, related to plans or forms for collecting information, submission to Director, and his approval, prior to the general amendment of this chapter by Pub. L. 96–511.
heading: Amendments
text: 2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3510 (PUBLIC PRINTING AND DOCUMENTS)
§ 3510. Cooperation of agencies in making information available
(a) The Director may direct an agency to make available to another agency, or an agency may make available to another agency, information obtained by a collection of information if the disclosure is not inconsistent with applicable law.
(b)
(1) If information obtained by an agency is released by that agency to another agency, all the provisions of law (including penalties) that relate to the unlawful disclosure of information apply to the officers and employees of the agency to which information is released to the same extent and in the same manner as the provisions apply to the officers and employees of the agency which originally obtained the information.
(2) The officers and employees of the agency to which the information is released, in addition, shall be subject to the same provisions of law, including penalties, relating to the unlawful disclosure of information as if the information had been collected directly by that agency.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 180.)
heading: Prior Provisions
text: A prior section 3510, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2822, related to cooperation of agencies in making information available prior to the general amendment of this chapter by Pub. L. 104–13.
Another prior section 3510, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305, authorized promulgation of rules and regulations, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3516 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3512 (PUBLIC PRINTING AND DOCUMENTS)
§ 3512. Public protection
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter if—
(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or
(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 181; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)
heading: Prior Provisions
text: A prior section 3512, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2822, related to protection of persons failing to maintain or provide information if information collection request did not display current control number prior to the general amendment of this chapter by Pub. L. 104–13.
Another prior section 3512, added Pub. L. 93–153, title IV, § 409(b), Nov. 16, 1973, 87 Stat. 593, related to information for independent regulatory agencies, prior to the general amendment of this chapter by Pub. L. 96–511.
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–398 substituted “subchapter” for “chapter” in introductory provisions and par. (1).
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3513 (PUBLIC PRINTING AND DOCUMENTS)
§ 3513. Director review of agency activities; reporting; agency response
(a) In consultation with the Administrator of General Services, the Archivist of the United States, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management, the Director shall periodically review selected agency information resources management activities to ascertain the efficiency and effectiveness of such activities to improve agency performance and the accomplishment of agency missions.
(b) Each agency having an activity reviewed under subsection (a) shall, within 60 days after receipt of a report on the review, provide a written plan to the Director describing steps (including milestones) to—
(1) be taken to address information resources management problems identified in the report; and
(2) improve agency performance and the accomplishment of agency missions.
(c) Comparable Treatment.—
Notwithstanding any other provision of law, the Director shall treat or review a rule or order prescribed or proposed by the Director of the Bureau of Consumer Financial Protection on the same terms and conditions as apply to any rule or order prescribed or proposed by the Board of Governors of the Federal Reserve System.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 181; amended Pub. L. 111–203, title X, § 1100D(b), July 21, 2010, 124 Stat. 2111.)
heading: Prior Provisions
text: A prior section 3513, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2822; amended Pub. L. 98–497, title I, § 107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to periodic review of agency activities by Director and report of review and agency response to it prior to the general amendment of this chapter by Pub. L. 104–13.
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–203 added subsec. (c).
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3515 (PUBLIC PRINTING AND DOCUMENTS)
§ 3515. Administrative powers
Upon the request of the Director, each agency (other than an independent regulatory agency) shall, to the extent practicable, make its services, personnel, and facilities available to the Director for the performance of functions under this subchapter.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)
heading: Prior Provisions
text: A prior section 3515, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to availability of agency services, personnel, and facilities prior to the general amendment of this chapter by Pub. L. 104–13.
heading: Amendments
text: 2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3516 (PUBLIC PRINTING AND DOCUMENTS)
§ 3516. Rules and regulations
The Director shall promulgate rules, regulations, or procedures necessary to exercise the authority provided by this subchapter.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)
heading: Prior Provisions
text: A prior section 3516, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to rules and regulations prior to the general amendment of this chapter by Pub. L. 104–13.
heading: Amendments
text: 2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
heading: Policy and Procedural Guidelines
text: Pub. L. 106–554, § 1(a)(3) [title V, § 515], Dec. 21, 2000, 114 Stat. 2763, 2763A–153, provided that:
“(a) In General.—
The Director of the Office of Management and Budget shall, by not later than September 30, 2001, and with public and Federal agency involvement, issue guidelines under sections 3504(d)(1) and 3516 of title 44, United States Code, that provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies in fulfillment of the purposes and provisions of chapter 35 of title 44, United States Code, commonly referred to as the Paperwork Reduction Act.
“(b) Content of Guidelines.—
The guidelines under subsection (a) shall—
“(1) apply to the sharing by Federal agencies of, and access to, information disseminated by Federal agencies; and
“(2) require that each Federal agency to which the guidelines apply—
“(A) issue guidelines ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by the agency, by not later than 1 year after the date of issuance of the guidelines under subsection (a);
“(B) establish administrative mechanisms allowing affected persons to seek and obtain correction of information maintained and disseminated by the agency that does not comply with the guidelines issued under subsection (a); and
“(C) report periodically to the Director—
“(i) the number and nature of complaints received by the agency regarding the accuracy of information disseminated by the agency; and
“(ii) how such complaints were handled by the agency.”
44 U.S.C. § 3517 (PUBLIC PRINTING AND DOCUMENTS)
§ 3517. Consultation with other agencies and the public
(a) In developing information resources management policies, plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide interested agencies and persons early and meaningful opportunity to comment.
(b) Any person may request the Director to review any collection of information conducted by or for an agency to determine, if, under this subchapter, a person shall maintain, provide, or disclose the information to or for the agency. Unless the request is frivolous, the Director shall, in coordination with the agency responsible for the collection of information—
(1) respond to the request within 60 days after receiving the request, unless such period is extended by the Director to a specified date and the person making the request is given notice of such extension; and
(2) take appropriate remedial action, if necessary.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)
heading: Prior Provisions
text: A prior section 3517, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to consultation with other agencies and the public prior to the general amendment of this chapter by Pub. L. 104–13.
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–398 substituted “subchapter” for “chapter” in introductory provisions.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.
44 U.S.C. § 3519 (PUBLIC PRINTING AND DOCUMENTS)
§ 3519. Access to information
Under the conditions and procedures prescribed in section 716 of title 31, the Director and personnel in the Office of Information and Regulatory Affairs shall furnish such information as the Comptroller General may require for the discharge of the responsibilities of the Comptroller General. For the purpose of obtaining such information, the Comptroller General or representatives thereof shall have access to all books, documents, papers and records, regardless of form or format, of the Office.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 183.)
heading: Prior Provisions
text: A prior section 3519, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 97–258, § 3(m)(3), Sept. 13, 1982, 96 Stat. 1066, related to access to information prior to the general amendment of this chapter by Pub. L. 104–13.
heading: Effective Date
text: Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title.