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New Bill Would Increase Transparency of Presidential Records

Government Executive – Legislation was introduced to kick off National Sunshine Week. Rep. Carolyn Maloney, D-N.Y., chair of the House Oversight and Reform Committee, will introduce the ‘‘Presidential Records Preservation Act,” which would update the “1978 Presidential Records Act” by requiring the president, vice president, and other senior White House officials to “make and preserve records” that document the president’s official activities. The “Federal Records Act,” which oversees record keeping in the executive and legislative agencies, the judiciary and a few executive offices, has a similar provision.  Documents collected under the Presidential Records Act come from the White House Office, Office of the Vice President, Office of Policy Development, Council of Economic Advisors, National Security Council, President’s Foreign Intelligence Advisory Board, President’s Intelligence Oversight Board, National Economic Council and Office of Administration.  Kel McClanahan, an attorney and executive director of National Security Counselors, a public interest law firm that specializes in national security, wrote in Just Security in March 2019 that the “Presidential Records Act regime is at its core an honor system,” because it gives the president “virtually unlimited discretion” in deciding what records to preserve. Unlike under the Federal Records Act, the National Archives and Records Administration does not have direct oversight authority under the Presidential Records Act…”

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