Presidential Records Act

Summary

Presidential Records Act - States that the United States shall reserve and retain complete ownership, possession, and control of all Presidential records. Requires the President to assure that the performance of official Presidential duties is adequately documented and that documentary materials be appropriately maintained. Prohibits the President from disposing of any such records which have administrative, historical, informational, or evidentiary value as determined by the Archivist of the United States. Requires the Archivist to assume custody, control, and preservation of and access to the records of a President upon the conclusion of the President's term of office. Requires the Archivist to place such records in a Presidential archival depository or another archival facility operated by the United States. Authorizes the Archivist to designate, after consultation with the President, a director for each depository or facility. Permits restrictions on access to Presidential records for up to 13 years if such documents: (1) have been validly classified as secret; (2) relate to a Federal appointment, certain trade secrets or other commercial information obtained under privileged circumstances; (3) consist of confidential communications requesting or submitting advice between the President and his advisers or between advisers; (4) contain personal information, disclosure of which would constitute an unwarranted invasion of privacy; or (5) include reports compiled for law enforcement purposes which if produced would interfere with enforcement proceedings, disclose information concerning confidential sources or investigative techniques, or endanger enforcement personnel. Establishes limits on the duration of the restriction of disclosure of Presidential records. Subjects Presidential records to subpena or other judicial process for the purposes of any criminal investigation or proceeding. States that such records shall be available to an incumbent President and to either House of Congress. Makes the records of a former President available to such former President or the designated representative of such former President. Applies all provisions of this Act to Vice-Presidential, as well as Presidential records.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 12 September 1978

  Open at official source

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