§ 1270.30 - Disposing of Presidential records by an incumbent President.

§ 1270.30 Disposal Disposing of Presidential records by an incumbent President.

A An incumbent President may , while in office, dispose of any Presidential records which in his opinion of their administration that, in the President's opinion, lack administrative, historical, informational, or evidentiary value, if one of the following two sets of requirements is satisfied:

(a)

(1) The President has obtained the written views of the Archivist concerning the proposed disposal; and

(2) The Archivist states in his written views to the President that he

President obtains the Archivist's written views about the proposed disposal and either—

(a) Those views state that the Archivist does not intend to request

, with respect to the President

Congress's

proposed disposal of Presidential records, the

advice

of the Committees

on

Rules and Administration and Governmental Affairs of the Senate, and the Committees on House Administration and Government Operations of the House of Representatives because he does not consider - (i) The

the matter because the Archivist either does not consider the records proposed for disposal to be of special interest to

the

Congress

; or (ii) Consultation with the Congress concerning the proposed disposal

or does not consider it to be in the public interest to consult with Congress about the proposed disposal; or

(b)

(1) The President has obtained the written views of the Archivist concerning the proposed disposal;

(2) The Archivist states in his written views either -

(i) That

Those views state that the Archivist considers either that the records proposed for disposal may be of special interest to

the

Congress

; or (ii) That consultation with the Congress concerning

or that consulting with Congress about the proposed disposal is in the public interest; and

(

3

2) The President submits copies of the proposed disposal schedule to the

Committees on Rules and Administration and Governmental Affairs of the

Senate and the

Committees on

House

Administration and Government Operations

of

the House of

Representatives at least 60 calendar days of continuous congressional session

of Congress in advance of

before 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 3 days to a day certain are excluded in the computation of the days in which Congress is in continuous session

a continuous congressional session breaks only when Congress adjourns sine die (with no date set to resume). If either House of Congress adjourns with a date set to resume, and breaks for more than three days, the adjourned days do not count when computing the 60-day timeline. The President submits copies of the proposed disposal schedule to the Senate Committees on Rules and Administration and Homeland Security and Governmental Affairs, and to the House Committees on House Administration and Oversight and Government Reform.