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any ground supplied by the Constitution, statute, or regulation.
Sec. 8. Withholding of Privileged Records During 12Year 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
their discre tion 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.
1952 Exchange of Correspondence Between the Director of the Bureau of Census and the Archivist of the United States
DEPARTMENT OF COMMERCE, BUREAU OF CENSUS,
Washington, D.C. August 26, 1952.
Dr. WAYNE C. GROVER,
Archivist of the United States, Washington, D.C.
[referenced in 44 U.S.C. 2108 (b)]
DEAR DR. GROVER: It is the policy of the Bureau of the Census to provide the maximum physical protection for the records which document its major programs, and make available to as many people as possible the information contained in such records consistent with national security and the rights of individuals concerned. With these ends in mind, we wish to make the following proposals concerning the custody, maintenance and use of the records of individuals enumerated in decennial population censuses:
The Bureau of the Census will transfer to the National Archives and Records Service (1) the original schedules of each decennial population census when they are no longer required by the Bureau of the Census for active statistical use and when the National Archives and Records Service can provide space and service for them; (2) the negative microfilm of such schedules when the Bureau of the Census has obtained a positive copy of the microfilm; and (3) the positive
nance of these records subsequent to their transfer: A. All negative microfilm copies of decennial population census schedules transferred to the National Archives and Records Service shall be preserved as the permanent records of such censuses. These negative copies will not be used as searching media or inserted in reading devices except when necessary for inspection incident to the proper maintenance of such records.
B. The National Archives and Records Service will, upon request by the Bureau of the Census, furnish positive prints of any negative microfilm which has been transferred to the former agency. The charge for this service will be the cost of the positive film and its development, plus a service charge of not more than ten percent.
C. At no time after the National Archives and Records Service has accepted custody of both the negative and positive microfilm copies of the schedules of a census will both negative and positive copies of that census be kept in the same city.
D. After the lapse of seventy-two years from the enumeration date of a decennial census, the National Archives and Records Service may disclose information contained in these records for use in legitimate historical, genealogical or other worth-while research, provided adequate precautions are taken to make sure that
DEAR DR. PEEL: This is in reply to our offer to transfer periodically to the National Archives and Records Service the original schedules of each decennial population census when these are no longer needed for active statistical use, the negative microfilm of those population census schedules for which the Bureau of the Census possesses adequate positive microfilm copies, and the positive microfilm copies of those population census schedules which the Bureau of the Census no longer desires to retain for reference use.
In view of the established policy of the National Archives and Records Service to relieve agencies of records accumulations no longer needed for current use, and to preserve those records deemed to be of permanent value, I am, in principle, in agreement with the transfer policy stated in your letter of August 26, 1952.
I am also in agreement with the conditions you state with respect to the use and maintenance of these records (1) that the master set of negative microfilm to be transferred shall be preserved as the permanent
and that the master negatives and the positive microfilm copies shall not be kept in the same city; (2) that the National Archives and Records Service will furnish the Bureau of the Census with positive prints of the negative microfilm whenever requested, and that the charge for such service shall not exceed the cost of the positive film and its development plus an overhead of not more than ten percent, provided, however, that the production of the initial set of positive microfilm copies of a decennial population census shall be the responsibility of the Bureau of the Census; and (3) that after "seventy-two years from the enumeration date of a decennial census, the National Archives and Records Service may disclose information contained in these records for use in legitimate historical, genealogical or other worth-while research."
With respect to the foregoing restrictions on disclosure of information it is understood that the applicable conditions of legitimacy will be those now in force, (1) a searcher's reputation as in fact a research worker or professional genealogist; (2) a searcher's connection with an established institution of learning or research; (3) a searcher's connection with the person or family whose records are desired, either by immediate relationship or by authorization; and (4) the lapse of time since the appearance of possibly detrimental information, considered in conjunction with the legitimacy of public or scholarly interest in the factual data relating to a historical personage.
In accordance with these mutually acceptable provisions, at your convenience we are prepared to make the necessary arrangements to effect the movement of records now eligible for transfer.
Wayne C. Grover,
Archivist of the United States.
unless the materials are promptly published and copies offered for sale. For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual, instruction, or copies of records referred to in subparagraph (D). However, in each case the justification for the deletion shall be explained fully in writing, and the extent of such deletion. shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made. If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of an index on request at a cost not to exceed the direct cost of duplication. Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or
(ii) the party has actual and timely notice of the terms thereof.
(3) (A) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.
(B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section.
(C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system.
(D) For purposes of this paragraph, the term "search" means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.
(E) An agency, or part of an agency, that is an element of the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any record available under this paragraph