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1 1 (March 3, 2022)

handle is hein.crs/govefis0001 and id is 1 raw text is: Congressional Research Service Inforrning the legislative debate since 1914 0 March 3, 2022 Presidential Records Management: Preservation and Disposal Presidential records provide an essential window into many of the most consequential actions and decisions of the American government. The Presidential Records Act (PRA; 44 U.S.C. §§2201-2209) sets forth requirements regarding the maintenance, access, and preservation of presidential and vice presidential information during and after a presidency. The PRA provides records maintenance requirements and permissions that vary depending on whether a presidency is in progress or has concluded. These matters may be of particular interest to Congress as it carries out its oversight activities and ensures presidential records are effectively collected and controlled during and after a presidency. This In Focus provides information on what constitutes a presidential record; the roles and responsibilities the PRA assigns to the President, National Archives and Records Administration (NARA), and Department of Justice (DOJ); and the PRA's application to the preservation and disposal of presidential records during and after a presidency. It includes information on NARA's ability to request a DOJ investigation. For more information about the PRA generally, see CRS Report R46129, The Presidential Records Act: An Overview, by Meghan M. Stuessy. What Are Presidential Records? The PRA governs the collection and retention of records created or received by the President, immediate presidential staff, and certain units or individuals within the Executive Office of the President. Presidential records include, among other types of information, documentary materials relating to certain political activities as well as information that relates to the constitutional, statutory, or other official or ceremonial duties of the President. Presidential records are the property of the United States and are not considered the Definition of Presidential Records The Presidential Records Act at 44 U.S.C. §2201(3) defines presidential records as documentary materials, or any reasonably segregable portion thereof, 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, in the course of conducting 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 the President's 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. private property of the President (44 U.S.C. §2202). However, not all materials created by the President or presidential advisors are considered records. Compared to presidential records, which must be preserved and maintained in accordance with the PRA, personal records do not require such retention. Personal records of a purely private or nonpublic character include such things as diaries or journals but also include (1) materials relating exclusively to the President's own election and materials directly relating to the election of a particular individual or individuals to federal, state, or local office that have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President and (2) materials relating to private political associations (44 U.S.C. §2201(3)). All presidential records are initially considered appropriate for permanent preservation. However, the PRA provides a process for the incumbent President to dispose of presidential records by obtaining the Archivist's written approval. This process is further described below. Roles and Responsibilities The PRA specifies roles and responsibilities for the implementation and enforcement of presidential records policy to the President, NARA, and DOJ. The PRA requires the President to take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President's constitutional, statutory, or other official or ceremonial duties are adequately documented (44 U.S.C. §2203(a)). The President is further directed to implement records management controls and may consult NARA and DOJ on how to best comply with the statute. NARA provides advice and assistance to the White House on records management practices upon request throughout a presidential transition and a presidency and to former Presidents. The PRA requires the head of NARA, the Archivist of the United States (hereinafter, the Archivist), to consult with Congress and particular congressional committees regarding presidential requests for the disposal of such records deemed to be of special congressional interest. DOJ provides guidance to the executive branch on how to comply with the legal requirements of government information policy, of which records maintenance policy, including presidential records, is a part. 3ps :/rsreorts.conQress.

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