Page:United States Statutes at Large Volume 92 Part 2.djvu/1244

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 2524

44 USC 2202.

44 USC 2203.

Disposal, notification to Archivist.

Disposal schedule, submittal to congressional committees.

PUBLIC LAW 95-591—NOV. 4, 1978 or other official or ceremonial duties of the Pi-esident. Such term includes— "(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business; "(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and "(C) materials relating exclusively to the President's own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President. "(4) The term 'Archivist' means the Archivist of the United States. "(5) The term 'former President', when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created. "§2202. Ownership of Presidential records "The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter. "§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