The Presidential Records Act (PRA) is a U.S. law enacted in 1978 that governs the official records created or received by the President and Vice President during their terms in office. Key points about the PRA include:
- It establishes that presidential records are the property of the United States government, not the individual President, superseding the prior policy that considered such records private property
- The Act requires the President to preserve records documenting the performance of official duties, including documents, emails, text messages, and other materials related to constitutional, statutory, or ceremonial functions
- The President has custody and management responsibility for these records while in office and must keep personal records separate from presidential records
- Upon leaving office, the legal custody of presidential records automatically transfers to the National Archives and Records Administration (NARA), which manages their preservation and public access
- Public access to presidential records is governed by the Freedom of Information Act (FOIA), starting five years after the President leaves office. The President can impose up to six specific restrictions on access for up to twelve years, after which records are subject to FOIA exemptions only
- The PRA also applies to Vice Presidential records and certain parts of the Executive Office of the President (e.g., National Security Council)
- The Act includes provisions to prevent individuals convicted of crimes related to records handling from accessing original records and mandates proper handling of electronic messaging to ensure preservation of official records
The PRA was enacted in response to concerns raised by President Nixon’s attempt to destroy records after his resignation, ensuring transparency and preservation of presidential documentation for historical and public accountability purposes
. In summary, the Presidential Records Act legally defines presidential records as public property, mandates their preservation and management, and regulates public access after a presidency ends, with oversight by NARA
