![handle is hein.crs/govdctk0001 and id is 1 raw text is:
Congressional
Research Servik
Presidential Transitions: Government Records
November 24, 2020
In Section 2 of the Presidential Transition Act of 1963 (as amended; 3 U.S.C. 102 note), Congress
declared that [t]he national interest requires that [presidential] transitions ... be accomplished so as to
assure continuity in the faithful execution of the laws and in the conduct of the affairs ofthe Federal
Government, both foreign and domestic. The crux of such a transition is the transfer of executive power
from the incumbent to the President-elect. The executive's power manifests in a variety of processes with
application to a broad range of policy areas and issues. CRS has produced a set of products examining
selected processes and policies that may be of particular interest during a presidential transition. This
Insight discusses presidential records access, federal records, and electronic records considerations. Other
related products examine clemency, executive orders, presidential appointments (executive branch),
rulemaking, and presidential transitions generally.
At the conclusion of a presidency, both the President and the Administration likely have generated
millions of government records, which document the actions and decisionmaking processes of the
executive branch and may be of long-term interest to Congress, federal agencies, incoming Presidents,
researchers, and members of the general public. The Presidential Records Act (PRA; 44 U.S.C. §§2201-
2207) governs materials created by the President and certain components of the Executive Office of the
President. The Federal Records Act (FRA; 44 U.S.C. Chapters 21, 29, 31, and 33) governs materials
created by agencies.
In 2014, the Presidential and Federal Records Act Amendments of 2014 required presidential and federal
records to be assessed for preservation not by the type of media used to store the information but by the
content of the information itself, encompassing digital and electronic records more clearly into the statute.
The National Archives and Records Administration (NARA) plays a supporting role in the case of
presidential records and a coordinating and directing role in the case of federalrec ords, explained in
further detail below.
Presidential Records
The PRA defines ptesidential mcon s as documentary materials ... created or received by the President,
the President's immediate staff, or a unit or individual of the Executive Office of the President whose
function is to advise or assist the President.
Prior to the PRA's 1978 enactment, records were considered the President's private property. Now, the
PRA states that presidential records are the property of the United States. Under the PRA, the President
Congressional Research Service
https://crsreports.congress.gov
IN11542
CRS NSIGHT
Prepared for Membersand
Commi ----es o Cong rss----------------------------------](ViewImageLocal?handle=hein.crs/govdctk0001&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most