§2203 — Title 44 Public Printing and Documents | U.S. Code

Summary

The President must keep and protect records that show how official duties were done. Papers and files made or received by the President, the President’s staff, or White House units that advise the President should, when possible, be marked as either Presidential records or personal records when created or received and kept in separate files. Presidential records that no longer have administrative, historical, informational, or legal value may be destroyed during the President’s term if two things happen: the President gets the Archivist’s written views about the proposed disposal, and the Archivist says they will not act under the review process in subsection (e). If the Archivist says they will act under subsection (e), the President can only dispose of the records after sending the disposal schedule to the appropriate Congressional committees at least 60 calendar days of continuous session of Congress before the disposal date (continuous session is only broken by an adjournment sine die, and days when either House is out because of an adjournment of more than three days to a specific day are not counted). The Archivist may store and preserve Presidential records for the President, including electronic records, but the President keeps custody, control, and access while in office. The Archivist may not release those records without the President’s direction until the President’s term ends (or the last term, if consecutive), or as section 2204 allows. When a President’s term ends, the Archivist takes custody, control, preservation, and public access responsibility and must make the records available as quickly and fully as the law allows. The Archivist will place the records in a Presidential archival depository or other U.S. facility, may name a director after talking with the former President, and may destroy records the Archivist appraises as having no value after publishing notice in the Federal Register at least 60 days before disposal (that publication is a final agency action for review under chapter 7 of title 5). Presidential records: official White House records. Personal records: private papers. Archivist: head of the National Archives.

Title 44, §2203

Public Printing and Documents — Source: USLM XML via OLRC

(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 the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and 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, the President’s staff, or units or individuals in the Executive Office of the President the function of which is to advise or 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 the President’s term of office, the President may dispose of those Presidential records of such President 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 the Archivist 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 the Archivist 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 the Archivist 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)During a President’s term of office, the Archivist may maintain and preserve Presidential records on behalf of the President, including records in digital or electronic form. The President shall remain exclusively responsible for custody, control, and access to such Presidential records. The Archivist may not disclose any such records, except under direction of the President, until the conclusion of a President’s term of office, if a President serves consecutive terms upon the conclusion of the last term, or such other period provided for under section 2204 of this title.

(g)(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 chapter.

(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)When the President considers it practicable and in the public interest, the President shall include in the President’s budget transmitted to Congress, for each fiscal year in which the term of office of the President will expire, such funds as may be necessary for carrying out the authorities of this subsection.

(4)The Archivist is authorized to dispose of such Presidential records which the Archivist 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (g)(3), (4). Pub. L. 114–136 added par. (3) and redesignated former par. (3) as (4). 2014—Subsec. (a). Pub. L. 113–187, § 8(3)(A), substituted “the President’s” for “his”. Pub. L. 113–187, § 2(c)(1), substituted “preserved and maintained” for “maintained”. Subsec. (b). Pub. L. 113–187, § 8(3)(B), substituted “the President’s” for “his”. Pub. L. 113–187, § 2(c)(2), substituted “advise or assist” for “advise and assist”. Subsec. (c). Pub. L. 113–187, § 8(3)(C)(i), substituted “the President’s” for “his” and “those Presidential records of such President” for “those of his Presidential records” in introductory provisions. Subsec. (c)(2). Pub. L. 113–187, § 8(3)(C)(ii), substituted “the Archivist does” for “he does”. Subsec. (d). Pub. L. 113–187, § 8(3)(D), substituted “the Archivist does” for “he does”. Subsec. (e). Pub. L. 113–187, § 8(3)(E), substituted “the Archivist considers” for “he considers” in introductory provisions. Subsec. (f). Pub. L. 113–187, § 2(c)(4), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 113–187, § 2(c)(3), redesignated subsec. (f) as (g). Subsec. (g)(1). Pub. L. 113–187, § 2(c)(5), substituted “this chapter” for “this Act”. Subsec. (g)(3). Pub. L. 113–187, § 8(3)(F), substituted “the Archivist has” for “he has”. 1996—Subsec. (e). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. 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. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective 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.

Executive Documents

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. 13526, § 3.5(b), Dec. 29, 2009, 75 F.R. 718, set out as a note under section 3161 of Title 50, War and National Defense.

§2203 Management and custody of Presidential records