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Electronic Records Management and U.S.
Secret Service
Updated January 19, 2023
As part of its inquiry, the Select Committee to Investigate the January 6th Attack on the U.S. Capitol
(Select Committee) issued subpoenas to the multiple federal agencies that responded on January 6,
including the U.S. Secret Service (USSS). The USSS responded to the Select Committee's July 15, 2022,
subpoena with an initial production of information on July 19. Upon receiving the USSS's response, the
National Archives and Records Administration (NARA) announced that it was investigating a potential
unauthorized deletion of USSS text messages. USSS's treatment of text messages has raised questions
about how electronic records are handled by federal agencies, and how existing laws apply.
Congressional interest has arisen from many perspectives, including USSS's compliance with federal
recordkeeping laws; whether agencies can apply existing statute and guidance to the management of text
messages and other electronic formats; and the ability of Congress to conduct oversight into executive
branch activities. This Insight provides a summary of how federal records are managed, including records
in electronic formats, discusses improper disposal investigations, and concludes with considerations for
Congress.
What Are Federal Records?
Since 2014, federal and presidential records have been defined not by the media used to store the information but rather
by the content of the information itself. Federal record are defined as
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 ... as evidence of the organization,
functions, policies, decisions,  procedures, operations, or  other  activities  of  the  United  States
Government or because of the informational value of data in them.

Federal Records Management
The Federal Records Act governs the treatment of federal records produced by agencies, including USSS.
The stated purpose of this law is that each federal agency head
Congressional Research Service
https://crsreports.congress.gov
IN12007

CRS INSIGHT
Prepared for Members and
Committees of Congress -

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