About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (July 30, 2024)

handle is hein.crs/goveqch0001 and id is 1 raw text is: a Congressional Research Service informing the legislative debate since 1914 0 July 30, 2024 Presidential and Federal Records: Transition Considerations At the conclusion of a presidency, both the President and the Administration have likely generated millions of government records that 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. Preservation of these materials is guided by two key laws. The Presidential Records Act (PRA; 44 U.S.C. §§2201- 2209) 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. The National Archives and Records Administration (NARA) and its head, the Archivist of the United States, provide a supporting role in the case of presidential records and a coordinating and directing role in the case of federal records. This In Focus provides an overview of the definitions of presidential records and federal records, presidential and agency records management programs, and NARA's role in records management. What Are Presidential Records? The PRA defines presidential records, which are materials appropriate for government preservation, and personal records, which need not be retained. Prior to the PRA's 1978 enactment, all presidential materials were considered to be the President's private property. Now, statute states that the United States shall reserve and retain complete ownership, possession, and control of Presidential records (44 U.S.C. §2202). The PRA 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 (44 U.S.C. §2201). Personal and Election Records During their time in office, Presidents also create personal records. Personal records are considered in law to be documentary materials of a purely private or nonpublic character that do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President (44 U.S.C. §2201(3)). Such materials include diaries, journals, and other personal notes. However, this definition also includes certain other political materials provided they also do not relate to or have an effect upon the carrying out of presidential duties, such as those relating (1) to private political associations; (2) exclusively to the President's own election to the office of the presidency; and (3) directly to the election of a particular individual or individuals to federal, state, or local office. NARA guidance further stipulates that a President- elect's transition team does not create presidential records, although federal agency briefing materials shared with the team are considered to be federal records. hat Are Federal Records? Other components of the Administration and federal agencies also create records materials governed by the FRA. Under the FRA, federal records are defined as all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of the data in them (44 U.S.C. §3301). The 2014 amendments to the FRA incorporated the phrase all recorded information to make clearer that federal records include digital and electronic information-not just physical materials-made or received by a federal agency in connection with the transaction of public business. NARA continues to issue guidance specific to electronic records, discussed further below. Records Management Programs The FRA requires each agency head to make and preserve records containing proper documentation of the agency's activities through a records management program (44 U.S.C. §3102). In the case of maintaining a presidential records program, the incumbent President serves as the agency head (44 U.S.C. §2203(a)).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most