§ 2203. — Management and custody of Presidential records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2203]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 22--PRESIDENTIAL RECORDS
Sec. 2203. Management and custody of Presidential records
(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.
(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.)
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.
Amendments
1996--Subsec. (e). Pub. L. 104-186 substituted ``House Oversight''
for ``House Administration''.
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 2105, 2204, 2206 of this
title.
