Presidential Records Act: Difference between revisions

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{{wikisource|Presidential Records Act of 1978}}
The '''Presidential Records Act''' (PRA) of 1978, {{usc|44|2201|2207}}, is an [[Act of Congress]] of the [[United States]] governing the official records of [[President of the United States|Presidents]] and [[Vice President of the United States|Vice Presidents]] created or received after January 20, 1981, and mandating the preservation of all presidential records. The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents must manage their records.
The '''Presidential Records Act''' (PRA) of 1978, {{usc|44|2201|2207}}, is an [[Act of Congress]] of the [[United States]] governing the official records of [[President of the United States|Presidents]] and [[Vice President of the United States|Vice Presidents]] created or received after January 20, 1981, and mandating the preservation of all presidential records. The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents must manage their records.


==Establishment and responsibility==
Specifically, the Presidential Records Act:
Specifically, the Presidential Records Act:


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* Establishes a process for restriction and public access to these records. Specifically, the PRA allows for public access to Presidential records through the [[Freedom of Information Act (United States)|Freedom of Information Act]] (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years. The PRA also establishes procedures for Congress, courts, and subsequent administrations to obtain special access to records that remain closed to the public, following a 30‑day notice period to the former and current Presidents.
* Establishes a process for restriction and public access to these records. Specifically, the PRA allows for public access to Presidential records through the [[Freedom of Information Act (United States)|Freedom of Information Act]] (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years. The PRA also establishes procedures for Congress, courts, and subsequent administrations to obtain special access to records that remain closed to the public, following a 30‑day notice period to the former and current Presidents.
* Requires that Vice-Presidential records are to be treated in the same way as Presidential records.
* Requires that Vice-Presidential records are to be treated in the same way as Presidential records.
* [[Executive Order 12667]] - Issued by [[Ronald Reagan|President Reagan]] in January 1989, this [[Executive order (United States)|executive order]] established the procedures for [[National Archives and Records Administration|NARA]] and former and incumbent Presidents to implement the PRA ({{USC|44|2201|2207}}).

* [[Executive Order 13233]] - This executive order, issued by President [[George W. Bush]] on November 1, 2001, supersedes the previous executive order. The Bush executive order also includes the documents of former Vice Presidents.<ref>{{cite news|last=[[Office of the Federal Register]]|url=https://www.federalregister.gov/documents/2001/11/05/01-27917/further-implementation-of-the-presidential-records-act|title=Further Implementation of the Presidential Records Act|work=[[Federal Register]]|publisher=[[National Archives and Records Administration]]|location=[[Washington, D.C.]]|date=November 1, 2001|accessdate=November 23, 2017|archiveurl=https://www.gpo.gov/fdsys/pkg/FR-2001-11-05/pdf/01-27917.pdf|archivedate=November 5, 2001}}</ref>
* [[Executive Order 12667]] - Issued by [[Ronald Reagan|President Reagan]] in January 1989, this [[Executive order (United States)|executive order]] established the procedures for [[National Archives and Records Administration|NARA]] and former and incumbent Presidents to implement the PRA.
* [[s:Executive Order 13489|Executive Order 13489]] - Issued by President [[Barack Obama]] on January 21, 2009, restored the implementation of the PRA of 1978 as practiced under President Reagan's [[s:Executive Order 12667|Executive Order 12667]] and revoked President Bush's [[s:Executive Order 13233|Executive Order 13233]].<ref>{{cite news|last1=[[White House Office of the Press Secretary|Office of the Press Secretary]]|url=http://www.presidency.ucsb.edu/ws/index.php?pid=76782|title=Executive Order on Presidential Records|work=[[University of California, Santa Barbara|UCSB]]|publisher=[[University of California]]|location=[[Santa Barbara, California]]|date=January 21, 2009|accessdate=November 23, 2017}}</ref><ref>{{cite news|last=[[Office of the Federal Register]]|url=https://www.federalregister.gov/documents/2009/01/26/E9-1712/presidential-records|title=Presidential Records|work=[[Federal Register]]|publisher=[[National Archives and Records Administration]]|location=[[Washington, D.C.]]|date=January 21, 2009|accessdate=November 23, 2017|archiveurl=https://www.gpo.gov/fdsys/pkg/FR-2017-01-24/pdf/2017-01799.pdf|archivedate=January 26, 2009}}</ref>
* [[Executive Order 13233]] - This executive order, issued by President [[George W. Bush]] on November 1, 2001, supersedes the previous executive order. The Bush executive order also includes the documents of former Vice Presidents.
* [[s:Executive Order 13489|Executive Order 13489]] - Issued by President [[Barack Obama]] on January 21, 2009, restored the implementation of the PRA of 1978 as practiced under President Reagan's [[s:Executive Order 12667|Executive Order 12667]] and revoked President Bush's [[s:Executive Order 13233|Executive Order 13233]].


==Proposed amendments==
==Proposed amendments==
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==References==
==References==
{{reflist|30em}}
<references/>


==External links==
==External links==
{{wikisource|Presidential Records Act of 1978}}
* [https://www.archives.gov/about/laws/presidential-records.html Presidential Records] at the U.S. National Archives
* [https://www.archives.gov/about/laws/presidential-records.html Presidential Records] at the U.S. National Archives



{{Authority control}}
{{Authority control}}

Revision as of 22:54, 23 November 2017

The Presidential Records Act (PRA) of 1978, 44 U.S.C. §§ 22012207, is an Act of Congress of the United States governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidential records. The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents must manage their records.

Establishment and responsibility

Specifically, the Presidential Records Act:

  • Defines and states public ownership of the records.
  • Places the responsibility for the custody and management of incumbent Presidential records with the President.
  • Allows the incumbent President to dispose of records that no longer have administrative, historical, informational, or evidentiary value, once he has obtained the views of the Archivist of the United States on the proposed disposal.
  • Requires that the President and his staff take all practical steps to file personal records separately from Presidential records.
  • Establishes a process for restriction and public access to these records. Specifically, the PRA allows for public access to Presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years. The PRA also establishes procedures for Congress, courts, and subsequent administrations to obtain special access to records that remain closed to the public, following a 30‑day notice period to the former and current Presidents.
  • Requires that Vice-Presidential records are to be treated in the same way as Presidential records.
  • Executive Order 12667 - Issued by President Reagan in January 1989, this executive order established the procedures for NARA and former and incumbent Presidents to implement the PRA (44 U.S.C. §§ 22012207).
  • Executive Order 13233 - This executive order, issued by President George W. Bush on November 1, 2001, supersedes the previous executive order. The Bush executive order also includes the documents of former Vice Presidents.[1]
  • Executive Order 13489 - Issued by President Barack Obama on January 21, 2009, restored the implementation of the PRA of 1978 as practiced under President Reagan's Executive Order 12667 and revoked President Bush's Executive Order 13233.[2][3]

Proposed amendments

See also

References

  1. ^ Office of the Federal Register (November 1, 2001). "Further Implementation of the Presidential Records Act" (PDF). Federal Register. Washington, D.C.: National Archives and Records Administration. Archived from the original on November 5, 2001. Retrieved November 23, 2017.
  2. ^ Office of the Press Secretary (January 21, 2009). "Executive Order on Presidential Records". UCSB. Santa Barbara, California: University of California. Retrieved November 23, 2017.
  3. ^ Office of the Federal Register (January 21, 2009). "Presidential Records" (PDF). Federal Register. Washington, D.C.: National Archives and Records Administration. Archived from the original on January 26, 2009. Retrieved November 23, 2017.

External links