{ "id": "R40238", "type": "CRS Report", "typeId": "REPORTS", "number": "R40238", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 436738, "date": "2014-12-31", "retrieved": "2016-04-06T19:44:50.858848", "title": "The Presidential Records Act: Background and Recent Issues for Congress", "summary": "Presidential documents are historical resources that capture each incumbent\u2019s conduct in presidential office. Pursuant to the Presidential Records Act ((PRA) 44 U.S.C. \u00a7\u00a72201-2207), the National Archives and Records Administration (NARA) collects most records of Presidents and Vice Presidents at the end of each Administration. They are then disclosed to the public\u2014unless the Archivist of the United States, the incumbent President, or the appropriate former President requests the records be kept private.\nThe PRA is the primary law governing the collection and preservation of, and access to, records of a former President. Although the PRA has remained relatively unchanged since enactment in 1978, successive presidential Administrations have interpreted its meaning differently. Additionally, it is unclear whether the PRA accounts for presidential recordkeeping issues associated with increasing and heavy use of new and potentially ephemeral technologies\u2014like email, Facebook, Twitter, and YouTube\u2014by the President and his immediate staff. \nPresidential records are captured and maintained by the incumbent President and provided to NARA upon departure from office. The records are then placed in the appropriate presidential repository\u2014usually a presidential library created by a private foundation, which is subsequently deeded or otherwise provided to the federal government. According to data from NARA, the volume of records created by Presidents has been growing exponentially, and the platforms used to create records are also expanding.\nOn his first full day in office, President Barack H. Obama issued an executive order that grants the incumbent President and relevant former Presidents 30 days to review records prior to their release to the public. E.O. 13489 changed the presidential record preservation policies promulgated by the George W. Bush Administration through E.O. 13233. \nDuring the 113th Congress (2013-2014), a law was enacted to require a 60-day period of review for the incumbent or applicable former President to determine whether to protest the release of particular presidential records. The law appears to supersede E.O. 13489. The law also prevents the President and his immediate staff from using a \u201cnon-official electronic messaging account\u201d to create federal records, unless that record was forwarded to an \u201cofficial\u201d email address. \nCongress has the authority to revise or enhance recordkeeping requirements for the incumbent President, including requiring a more systematic method of collecting and maintaining email or Internet records. Congress might also act to examine whether the incumbent President is appropriately capturing all records in every available medium and whether NARA can appropriately retain these records and make them available to researchers and the general public in perpetuity.\nThis report examines the newly amended provisions of the PRA, reviews the two most recent presidential interpretations of the PRA, and analyzes potential legislative amendments and oversight considerations. The report also explores the complexities of capturing all presidential records in a digital environment, providing potential policy options for Congress. The appendixes provide a review of proposed amendments to the PRA that were introduced, but not enacted, during recent Congresses as well as background on vice presidential records.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40238", "sha1": "8a41bd15c883175092754802be619b8ce0ce533e", "filename": "files/20141231_R40238_8a41bd15c883175092754802be619b8ce0ce533e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40238", "sha1": "ad7ec2fdc07f6a44ee7e337f6f427aa073438ef6", "filename": "files/20141231_R40238_ad7ec2fdc07f6a44ee7e337f6f427aa073438ef6.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc306506/", "id": "R40238_2014May30", "date": "2014-05-30", "retrieved": "2014-07-08T21:53:44", "title": "The Presidential Records Act: Background and Recent Issues for Congress", "summary": "This report discusses the Presidential Records Act (PRA) and examines policy options related to the capture, maintenance, and use of presidential records.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20140530_R40238_d202ee890b8eac326bf263d5b7e2dc4d6157267c.pdf" }, { "format": "HTML", "filename": "files/20140530_R40238_d202ee890b8eac326bf263d5b7e2dc4d6157267c.html" } ], "topics": [ { "source": "LIV", "id": "Presidential records", "name": "Presidential records" }, { "source": "LIV", "id": "Presidential libraries", "name": "Presidential libraries" }, { "source": "LIV", "id": "Public records", "name": "Public records" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc227637/", "id": "R40238_2012Nov15", "date": "2012-11-15", "retrieved": "2013-11-05T18:07:05", "title": "The Presidential Records Act: Background and Recent Issues for Congress", "summary": "Report discussing the Presidential Records Act (PRA) and examines policy options related to the capture, maintenance, and use of presidential records.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20121115_R40238_0a0a5571aa15892cd8c59940dd7b62f9c6e685b9.pdf" }, { "format": "HTML", "filename": "files/20121115_R40238_0a0a5571aa15892cd8c59940dd7b62f9c6e685b9.html" } ], "topics": [ { "source": "LIV", "id": "Presidential records", "name": "Presidential records" }, { "source": "LIV", "id": "Presidential libraries", "name": "Presidential libraries" }, { "source": "LIV", "id": "Public records", "name": "Public records" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc795676/", "id": "R40238_2009Feb17", "date": "2009-02-17", "retrieved": "2016-01-13T14:26:20", "title": "Presidential Records: Issues for the 111th Congress", "summary": "This report analyzes President Barack Obama's first executive order (E.O. 13489), which rescinded E.O. 13233, and discusses its departure from the policies of the previous administration. Additionally, this report examines H.R. 35 and its possible legislative effects on the presidential records policies of the Obama Administration.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090217_R40238_4c8c9258e72d5a37946f7e175faff4e7a5a399dc.pdf" }, { "format": "HTML", "filename": "files/20090217_R40238_4c8c9258e72d5a37946f7e175faff4e7a5a399dc.html" } ], "topics": [ { "source": "LIV", "id": "Presidents", "name": "Presidents" }, { "source": "LIV", "id": "Presidential records", "name": "Presidential records" }, { "source": "LIV", "id": "Executive orders", "name": "Executive orders" }, { "source": "LIV", "id": "Presidential powers", "name": "Presidential powers" } ] } ], "topics": [] }