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44 U.S.C. § 2203 — Management and custody of Presidential records
Federal law — U.S. Code and appendices · legal_authorities
**(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 b
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Source file: Laws/federal/codes/united-states-code/title-44/section-2203-management-and-custody-of-presidential-records--f396836bf2.md
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Source location: Title 44, Chapter 22, § 2203; chapter-022-presidential-records.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2204&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “documentary material” means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form.
(2) The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the 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 President. Such term—
(A) includes any documentary materials relating to the political activities of the President or members of the President’s staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but
(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) 11 See References in Text note below. of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.
(3) The term “personal records” means all documentary materials, or any reasonably segregable portion therof,22 So in original. Probably should be “thereof,”. of a purely private or nonpublic character which do not relate to or have a
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Prior to the conclusion of a President’s term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories:
(1)
(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order;
(2) relating to appointments to Federal office;
(3) specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), provided that such statute (A) requires that the material be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld;
(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5) confidential communications requesting or submitting advice, between the President and the President’s advisers, or between such advisers; or
(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
**(b)**
(1) Any Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of—
(A)
(i) the date on which the former President waives the restriction on disclosure of such record, or
(ii) the expiration of the durati
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2204
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Federal law — U.S. Code and appendices · legal_authorities
The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to [section 1552 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1552&num=0&edition=prelim), United States Code. No amount of such expense allowance shall be included in the gross income of the President. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Archivist is authorized to select, appoint, employ, and fix the compensation of such officers and employees, pursuant to part III of title 5, as are necessary to perform the functions of the Archivist and the Administration.
(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph (f)(2) of [section 2203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2203&num=0&edition=prelim),11 See References in Text note below. a director at each Presidential archival depository established under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2112&num=0&edition=prelim). The Archivist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United States Code, governing appointments in the competitive service and the Senior Executive Service. A director so appointed shall be responsible for the care and preservation of the Presidential records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the Archivist and shall perform such other functions as the Archivist may specify.
**(b)** The Archivist is authorized to obtain the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
**(c)** Notwithstanding the provisions of [section 973 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section973&num=0&edition=prelim) or any other provision of law, the Archivist, in carrying out the functions of the Archivist or the Administration, is authorized to
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
The Executive departments are:
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum—
(1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States;
(2) establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities;
(3) provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with [section 3162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim), during the period of access to classified information and for a period of three years thereafter;
(4) provide that all employees in the executive branch of Government who require
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3172
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Federal law — U.S. Code and appendices · legal_authorities
Page 105
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 2203
1 See References in Text note below.
2 So in original. Probably should be ‘‘thereof,’’.
agency (as defined in section 552(e) 1 of title
5, United States Code); (ii) personal records;
(iii) stocks of publications and stationery; or
(iv) extra copies of documents produced only
for convenience of reference, when such cop-
ies are clearly so identified.
(3) The term ‘‘personal records’’ means all
documentary materials, or any reasonably
segregable portion therof,2 of a purely private
or nonpublic character which do not relate to
or have an effect upon the carrying out of the
constitutional, statutory, or other official or
ceremonial duties of the President. 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 di-
rect effect upon the carrying out of constitu-
tional, statutory, or other official or cere-
monial 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 du-
ties of the President.
(4) The term ‘‘Archivist’’ means the Archi-
vist of the United States.
(5) The term ‘‘former President’’, when used
with respect to Presidential records, means
the former President during whose term or
te
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 2203
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