"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 private property of the President (44 U.S.C. §2202).
However, not all materials created by the President or
presidential advisors are considered records.."
Presidential Records Management
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