Presidential Records Act
PL 95-591 (H.R.13500), enacted 11/04/1978

PUBLIC LAW 95-591—NOV. 4, 1978 
92 STAT. 2523 
Public Law 95-591 
95th Congress 
An Act 
To amend title 44 to insure the preservation of and public access to the oflScial 
records of the President, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Presidential Records Act of 1978". 
RECORDS MANAGEMENT, PRESERVATION, AND PUBLIC AVAILABILITY 
SEC. 2. (a) Title 44 of the United States Code is amended by adding 
immediately after chapter 21 the following new chapter: 
"Chapter 22.—PRESIDENTIAL RECORDS 
"Sec. 
"2201. Definitions. 
"2202. Ownership of Presidential records. 
"2203. Management and custody of Presidential records. 
"2204. Restrictions on access to Presidential records. 
"2205. Exceptions to restriction on access. 
"2206. Regulations. 
"2207. Vice-Presidential records. 
"§2201. Definitions 
"As used in this chapter— 
"(1) The term 'documentary material' means all books, corre-
spondence, memorandums, documents, papers, pamphlets, works 
of art, models, pictures, photographs, plats, maps, films, and 
motion pictures, including, but not limited to, audio, audiovisual, 
or other electronic or mechanical recordations. 
"(2) The term 'Presidential records' means documentary 
materials, or any reasonably segregable portion thereof, created 
or received by the President, his immediate staff, or a unit or 
individual of the Executive Office of the President whose func-
tion is to advise and assist the President, in the course of conduct-
ing activities which relate to or have an effect upon the carrying 
out of the constitutional, statutory, or other official or ceremonial 
duties of the President. Such term— 
" (A) includes any documentary materials relating to the 
political activities of the President or members of his staff, 
but only if such activities relate to or have a direct effect 
upon the carrying out of constitutional, statutory, or other 
official or ceremonial duties of the President; but 
"(B) does not include any documentary materials that are 
(i) official records of an agency (as defined in section 552(e) 
of title 5, United States Code); (ii) personal records; (iii) 
stocks of publications and stationery; or (iv) extra copies 
of documents produced only for convenience of reference, 
when such copies are clearly so identified. 
"(3) The term 'personal records' means all documentary 
materials, or any reasonably segregable portion therof, of a purely 
private or nonpublic character which do not relate to or have 
an effect upon the carrying out of the constitutional, statutory. 
Nov. 4, 1978 
[H.R. 13500] 
Presidential 
Records Act of 
1978. 
44 u s e 101, 
2201 notes. 
44 u s e 2201. 
92 STAT. 2524 
PUBLIC LAW 95-591—NOV. 4, 1978 
44 
use 
2202. 
44 
use 
2203. 
Disposal, 
notification to 
Archivist. 
Disposal 
schedule, 
submittal to 
congressional 
committees. 
or other official or ceremonial duties of the Pi-esident. Such term 
includes— 
"(A) diaries, journals, or other personal notes serving as 
the functional equivalent of a diary or journal which are not 
prepared or utilized for, or circulated or communicated in the 
course of, transacting Government business; 
"(B) materials relating to private political associations, 
and having no relation to or direct effect upon the carrying 
out of constitutional, statutory, or other official or ceremonial 
duties of the President; and 
"(C) materials relating exclusively to the President's own 
election to the office of the Presidency; and materials directly 
relating to the election of a particular individual or indi-
viduals to Federal, State, or local office, which have no rela-
tion to or direct effect upon the carrying out of constitutional, 
statutory, or other official or ceremonial duties of the 
President. 
"(4) The term 'Archivist' means the Archivist of the I'nited 
States. 
"(5) The term 'former President', when used with respect to 
Presidential records, means the former President during whose 
term or terms of office such Presidential records were created. 
"§2202. Ownership of Presidential records 
"The United States shall reserve and retain complete ownership, 
possession, and control of Presidential records; and such records shall 
be administered in accordance with the provisions of this chapter. 
"§2203. Management and custody of Presidential records 
"(a) Through the implementation of records management controls 
and other necessary actions, the President shall take all such steps as 
may be necessary to assure that the activities, deliberations, decisions, 
and policies that reflect the performance of his constitutional, statu-
tory, or other official or ceremonial duties are adequately documented 
and that such records are maintained as Presidential records pursuant 
to the requirements of this section and other provisions of law. 
"(b) Documentary materials produced or received by the President, 
his staff, or units or individuals in the Executive Office of the 
President the function of which is to advise and assist the President, 
shall, to the extent practicable, be categorized as Presidential records 
or personal records upon their creation or receipt and be filed 
separately. 
"(c) During his term of office, the President may dispose of those of 
his Presidential records that no longer have administrativ^e, historical, 
informational, or evidentiary value if— 
"(1) the President obtains the views, in writing, of the Archi-
vist concerning the proposed disposal of such Presidential records; 
and 
"(2) the Archivist states that he does not intend to take any 
action under subsection (e) of this section. 
"(d) In the event the Archivist notifies the President under sub-
section (c) that he does intend to take action under subsection (e), the 
President may dispose of such Presidential records if copies of the 
disposal schedule are submitted to the appropriate Congressional Com-
mittees at least 60 calendar days of continuous session of Congress in 
advance of the proposed disposal date. For the purpose of this section, 
continuity of session is broken only by an adjournment of Congress 
PUBLIC LAW 95-591—NOV. 4, 1978 
92 STAT. 2525 
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 war-
rant 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 
Consultation with 
congressional 
committees. 
Publication in 
Federal Register. 
5 u s e 701 et seq. 
44 u s e 2204. 
92 STAT. 2526 
PUBLIC LAW 95-591—NOV. 4, 1978 
Determination by 
Archivist, 
consultation. 
Administrative 
procedures. 
Administration. 
"(6) personnel and medical files and similar files the disclosure 
of which would constitute a clearly unwarranted invasion of 
personal privacj^. 
"(b) (1) Any Presidential record or reasonably segregable portion 
thereof containing information within a category restricted by the 
President under subsection (a) shall be so designated by the Archivist 
and access thereto shall be restricted until the earlier of— 
"(A)(i) the date on which the former President waives the 
restriction on disclosure of such record, or 
"(ii) the expiration of the duration specified under subsection 
(a) for the category of information on the basis of which access 
to such record has been restricted; or 
"(B) upon a determination by the Archivist that such record 
or reasonably segregable portion thereof, or of any significant 
element or aspect of the information contained in such record or 
reasonably segregable portion thereof, has been placed in the 
public domain through publication by the former President, or 
his agents. 
"(2) Any such record which does not contain information within a 
category restricted by the President under subsection (a), or contains 
information within such a category for which the duration of restricted 
access has expired, shall be exempt from the provisions of subsection 
(c) until the earlier of— 
"(A) the date which is 5 years after the date on which the 
Archivist obtains custody of such record pursuant to section 
2203(d)(1); or 
"(B) the date on which the Archivist completes the processing 
and organization of such records or integral file segment thereof. 
"(3) During the period of restricted access specified pursuant to 
subsection (b) (1), the determination whether access to a Presidential 
record or reasonably segregable portion thereof shall be restricted 
shall be made by the Archivist, in his discretion, after consultation 
with the former President, and, during such period, such determina-
tions shall not be subject to judicial review, except as provided in 
subsection (e) of this section. The Archivist shall establish proce-
dures whereby any person denied access to a Presidential record 
because such record is restricted pursuant to a determination made 
under this paragraph, may file an administrative appeal of such deter-
mination. Such procedures shall provide for a written determination 
by the Archivist or his designee, within 30 working days after receipt 
of such an appeal, setting forth the basis for such determination. 
"(c)(1) Subject to the limitations on access imposed pursuant to 
subsections (a) and (b), Presidential records shall be administered 
in accordance with section 552 of title 5, United States Code, except 
that paragraph (b) (5) of that section shall not be available for pur-
poses of withholding any Presidential record, and for the purposes of 
such section such records shall be deemed to be records of the National 
Archives and Records Service of the General Services Administration. 
Access to such records shall be granted on nondiscriminatory terms. 
"(2) Nothing in this Act shall be construed to confirm, limit, or 
expand any constitutionally-based privilege which may be available 
to an incumbent or former President. 
"(d) Upon the death or disability of a President or former Presi-
dent, any discretion or authority the President or former President 
may have had under this chapter shall be exercised by the Archivist 
unless otherwise previously provided by the President or former 
President in a written notice to the Archivist. 
PUBLIC LAW 95-591—NOV. 4, 1978 
92 STAT. 2527 
" (e) The United States District Court for the District of Columbia Jurisdiction, 
shall have jurisdiction over any action initiated by the former Presi-
dent asserting that a determination made by the Archivist violates the 
former President's rights or privileges. 
"§ 2205. Exceptions to restricted access 
44 use 2205. 
"Notwithstanding any restrictions on access imposed pursuant to 
section 2204— 
"(1) the Archivist and persons employed by the National 
Archives and Records Service of the General Services Adminis-
tration who are engaged in the performance of normal archival 
work shall be permitted access to Presidential records in the 
custody of the Archivist; 
"(2) subject to any rights, defenses, or privileges which the 
United States or any agency or person may invoke, Presidential 
records shall be made available— 
"(A) pursuant to subpena or other judicial process issued 
b j a court of competent jurisdiction for the purposes of any 
civil or criminal investigation or proceeding; 
"(B) to an incumbent President if such records contain 
information that is needed for the conduct of current busi-
ness of his office and that is not otherwise available; and 
"(C) to either House of Congress, or, to the extent of matter 
within its jurisdiction, to any committee or subcommittee 
thereof if such records contain information that is needed 
for the conduct of its business and that is not otherwise 
available; and 
"(3) the Presidential records of a former President shall 
be available to such former President or his designated 
representative. 
"§2206. Regulations 
"The Archivist shall promulgate in accordance with section 553 of 
title 5, United States Code, regulations necessary to carry out the 
provisions of this chapter. Such regulations shall include— 
"(1) provisions for advance public notice and description of 
any Presidential records scheduled for disposal pursuant to sec-
tion 2203(f) (3) ; 
"(2) provisions for providing notice to the former President 
when materials to which access would otherwise be restricted 
pursuant to section 2204(a) are to be made available in accord-
ance with section 2205 (2); 
" (3) provisions for notice by the Archivist to the former Presi-
dent w'hen the disclosure of particular documents may adversely 
affect any rights and privileges which the former President may 
have; and 
"(4) provisions for establishing procedures for consultation 
between the Archivist and appropriate Federal agencies regard-
ing rnaterials which may be subject to section 552(b) (7) of title 
5, United States Code. 
«§ 2207. Vice-Presidential records 
"Vice-Presidential records shall be subject to the provisions of this 
chapter in the same manner as Presidential records. The duties and 
responsibilities of the Vice President, with respect to Vice-Presidential 
records, shall be the same as the duties and responsibilities of the Presi-
dent under this chapter with respect to Presidential records. The 
authority of the Archivist with respect to Vice-Presidential rec-
44 use 2206. 
44 use 2207. 
Depository 
agreement. 
92 STAT. 2528 
PUBLIC LAW 95-591—NOV. 4, 1978 
ords shall be the same as the authority of the Archivist under 
this chapter with respect to Presidential records, except that the 
Archivist may, when the Archivist determines that it is in the public 
interest, enter into an agreement for the deposit of Vice-Presidential 
records in a non-Federal archival depository. Nothing in this chapter 
shall be construed to authorize the establishment of separate archival 
depositories for such Vice-Presidential records.". 
(b) (1) The table of chapters for title 44, United States Code, is 
amended by inserting immediately after the item relating to chapter 
21 the following new item: 
"22. Presidential Records.. 
, 
2201". 
(2) Section 2107 of title 44, United States Code, is amended by 
adding at the end thereof the following new sentence: "This section 
shall not apply in the case of any Presidential records which are 
subject to the provisions of chapter 22 of this title.". 
(3) Section 2108(c) of title 44 is amended by adding at the end 
thereof the following: "Only the first two sentences of this subsection 
shall apply to Presidential records as defined in section 2201 (2) of this 
title.". 
EFFECTIVE DATE 
44 use 2201 
SEC. • 3. The amendments made by this Act shall be effective with 
iiote. 
respect to any Presidential records (as defined in section 2201(2) of 
title 44, as amended by section 2 of this Act) created during a term of 
office of the President beginning on or after January 20,1981. 
SEPARABILITY 
44 use 2201 
j§Ec. 4. If any provision of this Act is held invalid for any reason by 
°°*®- 
any court, the validity and legal effect of the remaining provisions shall 
not be affected thereby. 
Approved November 4, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1487, pt. I (Comm. on Government Operations). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Oct. 10, considered and passed House. 
Oct. 13, considered and passed Senate, amended. 
Oct. 15, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: 
Nov. 6, Presidential statement.