36 C.F.R. Subpart A—General Provisions


Title 36 - Parks, Forests, and Public Property


Title 36: Parks, Forests, and Public Property
PART 1270—PRESIDENTIAL RECORDS

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Subpart A—General Provisions

§ 1270.10   Scope of part.

These regulations implement the provisions of the Presidential Records Act of 1978, Pub. L. No. 95–591, 92 Stat. 2523–27, as amended by Pub. L. No. 98–497, sec. 107(b)(7), 98 Stat. 2287 (1984) (codified at 44 U.S.C. 2201–07), by setting forth the policies and procedures governing preservation, protection, and disposal of, and access to Presidential and Vice-Presidential records created during a term of office of the President or Vice President beginning on or after January 20, 1981. Nothing in these regulations is intended to govern procedures for assertion of, or response to, any constitutionally based privilege which may be available to an incumbent or former President.

§ 1270.12   Application.

(a) These regulations apply to all Presidential records created during a term of office of the President beginning on or after January 20, 1981.

(b) Vice-Presidential records shall be subject to the provisions of this part in the same manner as Presidential records. The Vice President's duties and responsibilities, with respect to Vice-Presidential records, shall be the same as the President's duties and responsibilities with respect to Presidential records. The Archivist's authority with respect to Vice-Presidential records shall be the same as the Archivist's authority with respect to Presidential records, except that the Archivist may, when he determines it to be in the public interest, enter into an agreement with a non-Federal archival repository for the deposit of Vice-Presidential records.

§ 1270.14   Definitions.

For the purposes of this part—

(a) The terms documentary material, Presidential records, personal records, Archivist, and former President have the meanings given them by 44 U.S.C. 2201 (1)–(5), respectively.

(b) The term agency has the meaning given it by 5 U.S.C. 551(1) (A)–(D) and 552(f).

(c) The term Presidential archival depository has the meaning given it by 44 U.S.C. 2101(1).

(d) The term Vice-Presidential records means documentary materials, or any reasonably segregable portion thereof, created or received by the Vice President, his immediate staff, or a unit or individual of the Office of the Vice President whose function is to advise and assist the Vice 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 Vice President. The term includes documentary materials of the kind included under the term Presidential records.

(e) The term filed means the date something is received in the office of the official to whom it is addressed.

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