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Presidential and Federal Records: Transition Considerations (CRS Report for Congress)

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Release Date July 30, 2024
Report Number IF12722
Report Type In Focus
Authors Meghan M. Stuessy
Source Agency Congressional Research Service
Summary:

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.