 | U.S. Presidential Records Act |
Presidental Records Act
The only reasonable interpretation however is that Tweets are personal. Period. Laws are not to be construed to render an absurdity. That is a rule of statutory construction. It is probably good to perhaps modify the statutes, so that it is clear. Lynn Torgerson, Esq.
The Presidential Records Act
TITLE 44 — PUBLIC PRINTING AND DOCUMENTS
Chapter 22 — Presidential Records, 44 U.S.C. § 2201 — 44
U.S.C. § 2207
44 U.S.C. § 2201 — Definitions
As used in this Chapter —
(1) The term "documentary material" means all
books, correspondence, memorandums, documents, papers, pamphlets, works of art,
models, pictures, photographs, plats, maps, films, and motion pictures,
including, but not limited to, audio, audiovisual, or other electronic or
mechanical recordations.
(2) The term "Presidential records" means
documentary materials, or any reasonably segregable portion thereof, created or
received by the President, his immediate staff, or a unit or individual of the
Executive Office of the President whose function is to advise and 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 his 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) 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 copies 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 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.
(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat.
2523.) Official Notes
44 U.S.C. § 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.
(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat.
2524.)
44 U.S.C. § 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, § 2(a), Nov. 4, 1978, 92 Stat. 2524;
amended Pub. L. 104-186, title II, § 223(9), Aug. 20, 1996, 110 Stat. 1752.)
44 U.S.C. § 2204 — Restrictions on access to Presidential records
(a) Prior to the conclusion of his 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 his 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 duration specified under
subsection (a) for the category of information on the basis of which access to
such record has been restricted; or
(B) upon a determination by the Archivist that such record
or reasonably segregable portion thereof, or of any significant element or
aspect of the information contained in such record or reasonably segregable
portion thereof, has been placed in the public domain through publication by the
former President, or his agents.
(2) Any such record which does not contain information
within a category restricted by the President under subsection (a), or contains
information within such a category for which the duration of restricted access
has expired, shall be exempt from the provisions of subsection (c) until the
earlier of —
(A) the date which is 5 years after the date on which the
Archivist obtains custody of such record pursuant to section 2203(d)(1); or
(B) the date on which the Archivist completes the processing
and organization of such records or integral file segment thereof.
(3) During the period of restricted access specified
pursuant to subsection (b)(1), the determination whether access to a
Presidential record or reasonably segregable portion thereof shall be restricted
shall be made by the Archivist, in his discretion, after consultation with the
former President, and, during such period, such determinations shall not be
subject to judicial review, except as provided in subsection (e) of this
section. The Archivist shall establish procedures whereby any person denied
access to a Presidential record because such record is restricted pursuant to a
determination made under this paragraph, may file an administrative appeal of
such determination. Such procedures shall provide for a written determination by
the Archivist or his designee, within 30 working days after receipt of such an
appeal, setting forth the basis for such determination.
(c)(1) Subject to the limitations on access imposed pursuant
to subsections (a) and (b), Presidential records shall be administered in
accordance with section 552 of title 5, United States Code, except that
paragraph (b)(5) of that section shall not be available for purposes of
withholding any Presidential record, and for the purposes of such section such
records shall be deemed to be records of the National Archives and Records
Administration. Access to such records shall be granted on nondiscriminatory
terms.
(2) Nothing in this Act shall be construed to confirm,
limit, or expand any constitutionally-based privilege which may be available to
an incumbent or former President.
(d) Upon the death or disability of a President or former
President, any discretion or authority the President or former President may
have had under this Chapter shall be exercised by the Archivist unless otherwise
previously provided by the President or former President in a written notice to
the Archivist.
(e) The United States District Court for the District of
Columbia shall have jurisdiction over any action initiated by the former
President asserting that a determination made by the Archivist violates the
former President's rights or privileges.
(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2525;
amended Pub. L. 98-497, title I, § 107(b)(7), Oct. 19, 1984, 98 Stat. 2287.)
44 U.S.C. § 2205 — Exceptions to restricted access
Notwithstanding any restrictions on access imposed pursuant
to section 2204 —
(1) the Archivist and persons employed by the National
Archives and Records Administration who are engaged in the performance of normal
archival work shall be permitted access to Presidential records in the custody
of the Archivist;
(2) subject to any rights, defenses, or privileges which the
United States or any agency or person may invoke, Presidential records shall be
made available —
(A) pursuant to subpena or other judicial process issued by
a court of competent jurisdiction for the purposes of any civil or criminal
investigation or proceeding;
(B) to an incumbent President if such records contain
information that is needed for the conduct of current business of his office and
that is not otherwise available; and
(C) to either House of Congress, or, to the extent of matter
within its jurisdiction, to any committee or subcommittee thereof if such
records contain information that is needed for the conduct of its business and
that is not otherwise available; and
(3) the Presidential records of a former President shall be
available to such former President or his designated representative.
(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2527;
amended Pub. L. 98-497, title I, § 107(b)(7), Oct. 19, 1984, 98 Stat. 2287.)
44 U.S.C. § 2206 — Regulations
The Archivist shall promulgate in accordance with section
553 of title 5, United States Code, regulations necessary to carry out the
provisions of this Chapter. Such regulations shall include —
(1) provisions for advance public notice and description of
any Presidential records scheduled for disposal pursuant to section 2203(f)(3);
(2) provisions for providing notice to the former President
when materials to which access would otherwise be restricted pursuant to section
2204(a) are to be made available in accordance with section 2205(2);
(3) provisions for notice by the Archivist to the former
President when the disclosure of particular documents may adversely affect any
rights and privileges which the former President may have; and
(4) provisions for establishing procedures for consultation
between the Archivist and appropriate Federal agencies regarding materials which
may be subject to section 552(b)(7) of title 5, United States Code.
(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat.
2527.)
44 U.S.C. § 2207 — Vice-Presidential records
Vice-Presidential records shall be subject to the provisions
of this Chapter in the same manner as Presidential records. The duties and
responsibilities of the Vice President, with respect to Vice-Presidential
records, shall be the same as the duties and responsibilities of the President
under this Chapter with respect to Presidential records. The authority of the
Archivist with respect to Vice-Presidential records shall be the same as the
authority of the Archivist under this Chapter with respect to Presidential
records, except that the Archivist may, when the Archivist determines that it is
in the public interest, enter into an agreement for the deposit of
Vice-Presidential records in a non-Federal archival depository. Nothing in this
Chapter shall be construed to authorize the establishment of separate archival
depositories for such Vice-Presidential records.
(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2527.)
Note: The only reasonable interpretation however is that Tweets are personal. Period. Laws are not to be construed to render an absurdity. That is a rule of statutory construction. It is probably good to perhaps modify the statutes, so that it is clear. Lynn Torgerson, Esq.
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