Page:United States Statutes at Large Volume 92 Part 2.djvu/1245

 PUBLIC LAW 95-591—NOV. 4, 1978 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 exchided 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 Administration 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 Arcliivist 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. "§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

92 STAT. 2525

Consultation with congressional committees.

Publication in Federal Register.

5 USC 701 et seq. 44 USC 2204.

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